WHEN IS IT POSSIBLE TO ASK FOR THE REPLACEMENT OF THE DEMOLITION SANCTION WITH A PECUNIARY SANCTION?
COUNCIL OF STATE, SECTION 2, 17 FEBRUARY 2021 NO. 1452 The judgment in question, while stating that the construction of new buildings without a building permit always entails the imposition of a restorative sanction, according to the article 31 of Presidential Decree 380 of 2001, also recalls that the possibility of replacing the demolition sanction …
THE ROLE OF RECOGNIZED ORGANIZATIONS IN THE CLASSIFICATION AND CERTIFICATION OF VESSELS
The Court of Justice of the European Union addressed, in the judgment of 7 May 2020, case C-641/18, LG v. Ente Registro Italiano Navale and others (ECLI: EU: C: 2020: 349), the question about the nature classification and legal certification of ships performed by private entities on behalf of the States. The ultimate addressees of …
CGUE C-395/18: on the automatic exclusion of the subcontractor without the requirements
With the sentence dated the 30th of January 2020, the European Court of Justice was called to comment on the provision of the Public Contracts Code which contains the automatic exclusion of the competitor for the tender, which indicated a subcontractor then found to be without the requirements.
The end of waste after Sblocca cantieri e Salva imprese Decrees
By implementing the European legislation, Legislative Decree 152/2006 (so-called‘Environment Code’) enabled the Italian law to take a firm step towards a circular economy model, alsoregulating – through Article 184ter -the theme of end of waste.
EUROPEAN RULES ON DATA PROTECTION IMPACT ASSESSMENT (“DPIA”)
1. Overview In the context of the protection of natural persons with regards to the processing of personal data, Article 25 of Regulation EU/2016/679 (General Data Protection Regulation or “GDPR”) sets up the Data Protection Impact Assessment (“DPIA”) in pursuit of GDPR’s aims through a risk-based approach.
European and Italian rules on Fluorinated gases
1. Overview In pursuit of the environmental aims set by Kyoto Protocol (COP3, 1997), the European Union has taken several measures in order to reduce gas emissions causing the global greenhouse effect. Among these gases, the most important are Carbon Dioxide (CO2), Methane (CH4), Nitrous Oxide (N2O) and the Fluorinated gases (“F-gases”), which are Hydrofluorocarbons …
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Confiscation Under Art. 44 Of The Italian Construction Code And Protection Of Third Parties
The confiscation measure examined in this essay is provided for in Article 44 § 2 of Presidential Decree no. 380/2001 (hereinafter, “Construction Code”), under the heading “Criminal sanctions”. Article 44 § 2 states: “In a final judgement establishing that there has been unlawful site development, the criminal court shall order the confiscation of the unlawfully …
Public Procurement In Italy: New Rules In Respect Of Grave Professional Misconduct
In Italy, the “Public Contracts Code” (Legislative Decree No. 50/2016) pays particular attention to the integrity and reliability of the potential public tender contractor. The Code specifies a series of cases in which an economic operator must be excluded from the participation of a call for tender as it has been found guilty of grave …
Environmental Liability: Does Land Ownership Imply An Obligation To Restore A Contaminated Area?
A recent judgement delivered by the Administrative Court of Brescia (No. 964/2018) clarified uncertainty on the responsibility of decontaminating a polluted area, specifically enquiring the relationship between ownership and decontamination.