collegiate By order No. 14 filed on January 5, 2011 in appeal No. 2694/2009 The fourth section of the State Council has referred to meeting plenary the decision on the nature of the DIA , namely whether the institute should regarded as a measure rather than an act of a private nature, the question - with regard to the latter solution - whether it is an act subject to independent action for a declaration as to the absence of conditions for holding the case completed, rather than an event that would require the third party, who intends to oppose the intervention absent, once the time elapsed without inhibiting the exercise of power, to submit formal application and any subsequent appeal or negative act of the administration to act against the subsequent inertia Administrative (FAILURE), the model currently available remedy art. CPA 31.
does not escape to the Council State that a decision on the nature of the DIA would involve other institutions, such as the SCIA , the result of an evolution that order, the permanent relationship between authority and freedom, the threshold moves towards the second and provides an acceleration of the instruments liberalization, but that " is not yet clear to the state the extent of application as construction " and nevertheless " emphasizes (in the name of a further liberalization and simplification), even more private nature of the act, but conversely it can not deny the permanence of public authority, which is naturally subject to self-defense and the prohibition of continuation of activities. "
The Ordinance No. 14 of collegial January 5, 2011 the Council of State is available on the website of the Administrative Justice to this address.
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