Environment, D. M. of the Ministry of the Environment and of the protection of the territory and the sea of October 25, 2016, Tar Lazio, Section Second Bis, Judgment no. 2167/2018 of 27 February 2018
Article 63 of the Environmental Code, District Basin Authority
D. M. of the Ministry of the Environment and of the protection of the territory and the sea of October 25, 2016, published in g.u.r.i. n. 27 of 02.02.2017, containing “discipline for the allocation and transfer to the district basin authorities of the personnel and of the instrumental resources, including the seats, and financial authorities of the basin authorities pursuant to Law 18 May 1989, No. 183” .
The organizational system introduced by the law number 183 of 1989, articulated on a double configuration of structures, national authorities for the national basins and regional authorities for the remaining interregional and regional basins, was superseded by article 63 of the environmental code, through the establishment, throughout the national territory, of the district basin authorities.
The new organizational model consists in the reappropriation by state bodies of the competences already conferred on the regions.
The abolition of the previous regional and interregional basin authorities was not carried out by the contested decree, but by the same state law, considered constitutionally legitimate by the Constitutional Court.
Rejection of the appeal for the cancellation of the d.m. of the ministry of the environment and of the protection of the territory and the sea of October 25, 2016, published in g.u.r.i. n. 27 of 02.02.2017.
