Il carattere dei veti comunali nei procedimenti conferenziali vòlti all’infrastrutturazione del territorio: una questione in continuo divenire

Abstract

The contribution examines the controversial nature of municipal vetoes in the context of service conferences, whose regulation shows a significant deviation from what is provided for by Law No. 241 of August 7, 1990.

In fact, local authorities are barred from accessing the opposition judgment before the Presidency of the Council of Ministers: the reasons have been clarified by the Council of State in an opinion requested by the same Presidency of the Council of Ministers, in light of the frequency with which municipalities tend to express their dissent in service conferences related to the establishment of facilities to be authorized through regional or provincial measures.

What the Council of State did was to downsize the dissenting power of the Municipalities, generally denying them the possibility of opposing: using this opinion as a starting point – and highlighting the doctrine and jurisprudence that have contributed to the doctrinal development of these mechanisms – the article aims to emphasize the numerous questions regarding the balance between the need for procedural simplification and the protection of territorial interests (specific to local authorities), as well as the consistency of the criteria for legitimizing public administrations (both local and technical) in the context of complex procedures