The use of agreements between public bodies and private parties in the exercise of public functions has been long discussed even after the implementation of l. n. 241/1990 as amended by l. n. 15/2005.The aim of this article is to highlight some specific issues relating to administrative agreements in planning law, with particular attention to the ones preceding public planning prescriptions.This kind of agreements seems to be admissible only if regarded as “consensual town planning” and coherent with the constitutional principles on administrative action: fair proceedings and citizen participation.
Gli accordi "a monte" delle prescrizioni urbanistiche: spunti di riflessione
MORO, Sergio
2010-01-01
Abstract
The use of agreements between public bodies and private parties in the exercise of public functions has been long discussed even after the implementation of l. n. 241/1990 as amended by l. n. 15/2005.The aim of this article is to highlight some specific issues relating to administrative agreements in planning law, with particular attention to the ones preceding public planning prescriptions.This kind of agreements seems to be admissible only if regarded as “consensual town planning” and coherent with the constitutional principles on administrative action: fair proceedings and citizen participation.
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