Riassumendo sulla DIA

The aim of this essay is to analyse, in light of the administrative case law, the different theories regarding the juridical classification of the dichiarazione d'inizio attività (ex art. 19 L. n. 241/1990) and the correlated problem of the judicial protection of the third parties jeopardized from the activity started by the so-called dichiarante. The first part is dedicated to the theory that underlines the public nature of the d.i.a. according to which the third parties can challenge the d.i.a. in the same way in which they can challenge all the public acts. In the second part, on the contrary, the analysis is centred on the theory that considered the d.i.a. a private act which can't be object of an ordinary appeal before the administrative Courts. In this regard, this part includes an overview of the different solutions pointed out the case law to give a judicial protection to the third parties. In the final part of the essay we will seek an answer for the question if a possible approval of the last draft of Amministrative Procedure Code could give an end to this problematic theme.