Administrative, Cultural, landscape and environmental heritage, Superintendency, Landscape authorization, Silence assent, Council State, Sec. IV, 02 October 2023 Judgment no. 8610
On the applicability of silent consent referred to in art. 17-bis l. n. 241 of 1990 also to the opinion given by the Superintendence Section IV highlighted that: a) the institution of horizontal silence assent is also applicable to the opinion of the Superintendence; b) the opinion of the Superintendence given late in the context of a services conference is tamquam non esset; c) the text of the law, especially when formulated through the so-called technique for analytical cases, provides the measure of judicial discretion; it, as has been authoritatively observed, represents the fixed point from which it is necessary to move on in...
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