As far as the realisation of strategic public works having a major environmental impact is concerned, the Italian legal system has privileged the principle of celerity for a long time, ignoring all kinds of public consultation on this subject. This last one can bring to the deferment of decision-making terms on one hand, but it represents an instrument of transparency and prevention of territorial conflicts on the other, i.e. an instrument to deflate legal disputes. The coming into force of the new Public Contracts Code (Legislative Decree 50/2016) can be seen as a real turn of the tide under this aspect. In fact, it is the first legal basis to introduce public inquiry in the Italian legal system, shaping it on the French débat public. The Code put off its implementation and the Italian Government carried it out after two years with the decree of the President of the Council of Ministers 76 of 10 may 2018. Nevertheless, an analysis concerning Italian public inquiry’s structure and the field of application of participatory process reveals its distance from French débat public as far as the necessity of upstream regulating the process of representation of organised interests.

Il dibattito pubblico sulle grandi opere e infrastrutture nell’ordinamento italiano: potenzialità e limiti di un istituto in cerca di identità

Pizzanelli G.
2020-01-01

Abstract

As far as the realisation of strategic public works having a major environmental impact is concerned, the Italian legal system has privileged the principle of celerity for a long time, ignoring all kinds of public consultation on this subject. This last one can bring to the deferment of decision-making terms on one hand, but it represents an instrument of transparency and prevention of territorial conflicts on the other, i.e. an instrument to deflate legal disputes. The coming into force of the new Public Contracts Code (Legislative Decree 50/2016) can be seen as a real turn of the tide under this aspect. In fact, it is the first legal basis to introduce public inquiry in the Italian legal system, shaping it on the French débat public. The Code put off its implementation and the Italian Government carried it out after two years with the decree of the President of the Council of Ministers 76 of 10 may 2018. Nevertheless, an analysis concerning Italian public inquiry’s structure and the field of application of participatory process reveals its distance from French débat public as far as the necessity of upstream regulating the process of representation of organised interests.
2020
Pizzanelli, G.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11568/1077424
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