Inviatata dal TAR a riesaminare l'istanza del ricorrente alla luce delle indicazioni contenute in ricorso, un'amministrazione comunale aveva confermato il proprio measure, further motivating. Appellate Decision of First Instance, the appellant had challenged the fact, claiming, in essence, the non-application of the principles held in the interim.
With No Judgement 1240 filed in Court on January 25, 2011 , the fourth section of the State Council - ruling on private roads for public use - has held the principle that " The review of an application made by running pa supervision order, which is largely confined to impose it, may not result in the total deprivation of the faculty, institutionally vested in the PA, to evaluate the overall situation arising from the documents at the time of its ruling, and then to motivate the light of the overall results of the investigation into an even more extensive, or deformed, compared to the first measure .
In such cases, says the fact the Board of state, due to compliance with a court order " concerns only the obligation to do within the time allowed, but can not be solved in a forced resignation of the administration its role and its right to pronounce on a reasonable solution and, in any way, to defend themselves in all levels of courts up to the final .
The sentence No 124/2011 Council of State, Section IV, is available on the website of the Administrative Justice to this address.
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