Potenzialità e correttivi nell'esperienza di autorizzazione integrata ambientale: alla luce del contributo di metodo su di una concezione evoluta di discrezionalità amministrativa e su profili ulteriori d'indagine generale

Cotza, Paolo

2025-01-01

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Abstract

Mainly for one reason, it was decided to proceed, in a study on the subject of Integrated Environmental Authorization, on the relevant jurisprudence; far from assuming it as an exclusive or overwhelming reference. To be exact: to the extent that no (noteworthy) conflicts of orientation have been identified within that 'formant', such as to require a preliminary comparison with the 'positive' datum (and therefore, an articulated 'upstream' reconstruction of the same); That contribution has been drawn on as a 'privileged' filter of the complex datum of legal experience, since the procedural seat of the latter represents the highest translation since both the law and the fact are found there (inseparable in their 'circular' relationship). Underlying this 'approach' is a twofold objective: to select the critical issues inherent in the reference discipline, since they emerged in litigation (therefore, on the assumption that what of that discipline has not been conducted sub judice tends to be free from significant problems of comprehension-application); verify whether the related judicial responses are satisfactory or lend themselves to a 'corrective' intervention with the support of dogmatic arguments (a task that is properly attributable to the doctrine). In this context, the meaning of this contribution (without prejudice to the reader's exclusive assessment of the merit) would lie in having impressed (where appropriate) a dogmatic (conceptual-systematic) 'cut' updated on the epistemological level; as such, not to be found in judicial pronouncements (nor understandably enforceable by them); with the ambition of bringing some remedy to the critical issues still found in the latter.