History Of The Zulu Hut

Photovoltaics and termination of business start

Coherence and simplification (for everyone) on renewable energy sources

is difficult to explain the frustration that one feels in the face of constant desire to complicate things The most popular and profitable trade in Italy.

in the renewables sector, our country, in fact, despite the infinite potential, basks in toying referrals, skills rebounds, setting up new skills (not just formal recognition) of grueling losses time, due to the maze our national legal system, which in turn made up of many principles, which do not lead to serious reforms and strict. This is the scene of many battles against the citizens' ignorance administrative

As often happens, the judge who, in our country, trying to put a little 'in order to give a little' consistency to chaos legislation. Luckily, in fact, the judge is not always like that described by De Andrè nano in one of his famous song.

Unfortunately, for us, the nano - "bitch for sure, because his heart is too close to" ... .. "there", would say in the shoes of the Marchesini sexologist - has starred in many other buildings, non-judicial ...

And the judge in this case, is the sentence no TAR Lecce 1064/2010 , free download from the site of a legal nature after simple registration, which sought to explain in as simple as to be trivial as there should be even, better and more easily, especially when there are interests at stake are so important as the right to health and a healthy environment.

Let's briefly below, and just as simple rigor, thought balanced the TAR of Lecce.

balanced because it takes account all the interests at stake.

start from the general government side, a subject sometimes unfairly overwhelmed with criticism, but sometimes capricious and unnecessarily conservative.

Regarding complaint Logon to photovoltaic , public administration, for reasons of sound must be assigned for the monitoring of legal requirements, a full term, and not "crippled".

In other words, the Administration can not and should not be given a period of fact less than thirty days, the same as what would inevitably be restricted if the deadline specified by law, is to take place both investigating the matter and to its (possible) decision injunction, the material is notified of such decision.

Give to Caesar what is Caesar's.

So, to return to the case analyzed by the TAR of Lecce (1064/2010) it is sufficient that within a period of thirty days, the order has been adopted and, at most, left, and the notification ie the material knowledge of the order by a private moment, it can reasonably be, given the normal time frame, even after this deadline.

It is, in short, an approach consistent with the provisions of the Constitutional Court regarding the service of judicial documents, where it was stated that the service is perfected, for notifying the date of service of the bailiff rather than the ensuing reception of ' act by the recipient before.

It would be manifestly unreasonable for a barring effect might arise from the delay in the completion of an activity not attributable to the notifier, but in different subjects (the bailiff, agent or postal put the city, as in this case), and thus completely unrelated to the availability of the first ball).

On the other hand - and here we come to the side of the industry - the logon complaint stems from the requirements of simplification and liberalization of the system: in particular, in planning this need manifests itself mainly in order interventions (ie the children) not significant urban impact.

As for the renewable energy installations, such a requirement is of nature even more pronounced if one only takes into account that: •

one hand, the same shall be considered by national law as works of public interest and ,

• second, the legislation EU reference, with the aim of progressive liberalization of the energy market, expresses a clear "favor" for the production of energy from renewable sources and the construction of facilities, requiring member states to remove any regulatory barriers or other (eg administrative, as in this case) to increase the electricity production of this type.

Since the objective of maximum simplification pursued by both the DIA building itself, and - above all - from legislation on renewable energy installations therefore any type of performance charged to the private investigation must be subject to a policy of strict interpretation and application.

Therefore, as the art. Building requires only 23 of these interventions, the purpose of their eligibility to be (only) in accordance with the planning tools and building codes, safety standards and those of health and hygiene, it must be concluded that out of these assumptions, the PA proceeding can not envisage additional conditions or impediments to the initiatives related to best interests not included among those eminently ascribed to its jurisdiction (local).

In the case examined by the Administrative Court ruling of Lecce in 1064/2010, the Board ruled in favor of the applicant, which stressed the illegality of the suspension by the City of thiol enabled, the lack of items not related to those instructors documentary claims that, under the said Article. 23 TUED, must necessarily accompany the complaint to login.

***

Legal nature of Andrea Quaranta: Study of Environmental Legal .

Andrea Quaranta Contact by email or phone to request your opinion of environmental law.

If you liked this article, subscribe to RSS or enter your email that you find in the box below and confirm your subscription by responding to the email you receive on your e-mail: You will receive all updates for free of legal direct to your inbox

Stay current on environmental law
Enter your e-mail:

Delivered by FeedBurner

Stila Lip Glaze Stick Orange Swatch

A physical barrier against the changing attitudes of the public administration

We are all in favor of environmental protection, of course.

But we must still find a balance with the needs of the industry, which in addition to their own personal gain, they do, albeit indirectly, the interests of citizens, providing them with services that will inevitably also have an impact on the environment.

On the subject of reclamation , for example, a theme dear to the TAR of Florence (in this area there are specific skills: If it comes particularly in Naples and Puglia waste of energy, in Tuscany the most popular topic is related to the remediation of contaminated sites) is what concerns the choice between the physical barrier and the hydraulic operations, which specifically remediation of contaminated sites.

In an old post, posted on the blog Environmental Legal nature in April last year (" physical barrier or hydraulic? This is the problem "), shows that the Administration, in changing idea (he had given the go ahead for the hydraulic barrier, efficient but cheaper than the physical one) was to evaluate and demonstrate the following: •

not only effective inefficacia di misure meno invasive della barriera fisica (in particolare la barriera idraulica ),

• ma anche l’effettiva necessità, efficacia e realizzabilità del sistema di confinamento fisico.

Pertanto, il confinamento fisico, o al limite anche un utilizzo combinato delle differenti tipologie di intervento, avrebbe potuto essere imposto solo dopo un’analisi comparativa tra le diverse alternative in gioco.

Chiaro? È legittimo cambiare idea, ma occorre dare delle motivazioni. E sarebbe meglio, in ogni caso, ponderare le decisioni, per non doverci sempre tornare sopra.

È anche una questione di celerità administrative procedures for cleaning and changing this attitude is one of the contributing factors to proceed at a slow pace of improvements in our country ...

With sentence no 1540 of 2010 TAR Toscana (you can deepen the story on the story by downloading the text of the sentence registering for free on the site of a legal nature), the court was forced to reiterate, patiently, the concept: If there are elements that weighs in favor of a substantial membership of the competent administrations in favor of the model of the hydraulic barrier, the change of opinion by the same government, with option to another type of intervention (physical barrier), can only be based on a fair and thorough investigation of proper motivation and outcome, taking into account all relevant circumstances of the case.

Simple compliance with procedural requirements, specific regulations in the field of environmental guidelines, general principles of cost-effectiveness and transparency of administrative action, as well as common sense,

In short: in cases such as this one, the PA is to verify and to account for actual ineffectiveness of measures less intrusive physical barrier (in particular, the hydraulic barrier) and the actual necessity, effectiveness and feasibility of the system of physical containment .

The choice for the physical barrier, or for combined use of different types of intervention can only be the outcome of a comparative analysis between the different alternatives at stake, according to the specific characteristics of the area, in terms effectiveness in achieving the ultimate goals, concentration, execution time (and their compatibility with the urgent call to arrange), the impact on the surrounding action.

This analysis implies that the comparative assessment of the advantages and disadvantages of various options in the field, and not just those who, for various reasons out of context, "are comfortable".

Ultimately, if you need only physical barrier tout court, in a country sick of fruitless opposition political and administrative (physical barriers in a broad sense ...), is against changing and wavering gait of those who, instead of representing us and look after our interests, hiding behind. ... physical barriers.

A wall that was on top of sharp shards of bottle ...

But everything would be much easier if the policy, to use a very broad term, was short, Knock down unnecessary physical barriers of any kind which prevent our country to take flight towards a more sustainable world, lighter and less corporate.

***

Legal nature of Andrea Quaranta: Study of Environmental Legal .

Andrea Quaranta Contact by email or phone to request your opinion of environmental law.

If you liked this article, subscribe to RSS or enter your email in the box here below, and confirms your subscription by responding to the email you receive on your e-mail: You will receive all updates free of legal direct to your inbox

Stay current on environmental law
Enter your e-mail:

Delivered by FeedBurner

Photo: "sharp shards of bottle" originally uploaded by PPG3

Women In Girdles In Old Movies

The receiver is an irresponsible!

In the post "The role and responsibility of bankruptcy trustee in the remediation of contaminated sites" and "receivership responsibility for the remediation of contaminated sites" Legal nature addressed the issue on the liability in the remediation of contaminated sites, the receivership, noting that, in a nutshell, the power of the liquidator to dispose of assets, bankruptcy does not necessarily imply the obligation to adopt particular behaviors assets, aimed at protecting the health degli immobili destinati alla bonifica da fattori inquinanti.
Inoltre, la curatela fallimentare non subentra negli obblighi più strettamente correlati alla responsabilità dell'imprenditore fallito, a meno che non vi sia una prosecuzione nell’attività.

Con la sentenza che vi propongo oggi, TAR Firenze, n. 700 del 2010 , che potete scaricare gratuitamente registrandovi al sito di Natura Giuridica ed oggetto di un articolo di approfondimento, “ Bonifica delle responsabilità ”, pubblicato sul sito dell’Associazione Giuristi Ambientali, di cui sono socio dal 2004, il giudice amministrativo è tornato sul tema, specificando che, in linea di principio, i rifiuti prodotti dall'imprenditore fallito non costituiscono beni da acquisire alla procedura fallimentare e, quindi, non formano oggetto di apprensione da parte del curatore.

Nei confronti del curatore fallimentare, non è configurabile alcun obbligo ripristinatorio in ordine all'abbandono dei rifiuti in assenza dell’accertamento univoco di un’autonoma responsabilità del medesimo, conseguente alla presupposta ricognizione di comportamenti commissivi, ovvero meramente omissivi, che abbiano dato luogo al fatto antigiuridico.

Nel caso specifico analizzato dal TAR toscano, è stato messo in rilievo il fatto che all'Amministrazione competente, in the absence of subjective ascrivibilità of conduct intended to illegal dumping of waste, the remaining possibilities, like that established by the legislation on waste management, to enforce its own motion to the detriment of the parties responsible and the recovery of sums assets that can be done with insinuation of its credit liabilities in bankruptcy.

Legal nature of Andrea Quaranta: Study of Environmental Legal .

Andrea Quaranta Contact by email or phone to request your opinion of environmental law.

If you liked this article, subscribe to RSS or enter your email that you find in the box below and confirm your subscription by responding to the email you receive on your e-mail : You will receive all updates free of legal direct to your inbox

Stay current on environmental law
Enter your e-mail:


Delivered by FeedBurner

Ikusa Otome Valkyrie 2 2 Online

What is the relationship between the environmental impact assessment of integrated environmental authorization?

In its ruling of TAR in Brescia today I suggest you study (TAR Brescia, No 211/2010), which can be downloaded for free by registering at the site Legal nature of the administrative judge Lombard tackles the issue of relations between the EIA - Environmental Impact Assessment - IEA - IPPC . It does so from a historical, a useful way to understand where we are, and where.

In a nutshell, the TAR Brescia (211/2010) has sottolineato che nell’impostazione originaria del 1996 l’impatto ambientale di un’opera o di un impianto era misurato esclusivamente attraverso la procedura di VIA , previo esame dell’assoggettabilità qualora il progetto non rientrasse nei casi di valutazione d’impatto ambientale codificati.

Alla decisione sulla VIA si collegavano poi le singole autorizzazioni necessarie per la realizzazione dell’opera o il funzionamento dell’impianto.

Con la successiva introduzione dell’ autorizzazione integrata ambientale tutte queste autorizzazioni sono state raggruppate in un giudizio complessivo e ad ampio raggio: nell’AIA, among others, have come together:

• the authorization of emissions into the atmosphere of the DPR 203/1988;

• authorize the discharge of Legislative. 152/1999;

• the authorization of the establishment and modification of disposal or recovery of waste art. 27 of Legislative Decree no. 22/1997 and

• the licensing of disposal or recovery of waste art. 28 of the Decree. 22/1997.

Formally, the EIA process, which must precede the release of the AIA and affects the content, remained autonomous. But

it is clear that the scale of assessments conducted in relation to the integrated environmental authorization is reflected in the EIA process, which necessarily are relevant studies carried out for the release of the AIA.

L ' environmental impact of a work or an installation it could not be fully framed without taking into account the technical insights that lead to the release of the AIA and the concomitant formulation of limits for the production of pollutants.

In short: the same documents are examined twice, for the purpose of the EIA and the IEA release.

So there is a feedback on the evaluation of the AIA and being subject to the same EIA process in the sense that the first, though chronologically later, defines the purpose of the latter.

In short: you can not decide on EIA without knowing in advance the technical equipment of the AIA, meaning that not only technical analysis but also the requirements (or the patterns of prescription) which limit and direct the content of the project.

In this case, the Board, dismissing the appeal, said that the fact that the EIA and the IEA now has a tendency to form a unique appeal does not prevent the separate its acts as if the technical equipment is common are different legal effects of final measures.

the EIA is issued a ruling on the location of the work or the system: those who oppose the location choice has an interest in challenging its decision independently, thereby also an inhibitory effect on the aid.

On the other hand, the ' appeal of documents relating to the EIA must still be supervised by the AIA mpugnazione release, because the object of the EIA is defined by the requirements set forth together with AIA, and therefore the favorable decision on the latter laying down the conditions under which the environmental impact is acceptable. This phenomenon is particularly evident in the case of structural changes or additions that relate to existing plants, as the procedure for obtaining the aid must be taken into account the best available technology and are therefore preferred that evaluations of efficiency compared to the reviews abstract location of the activity.

Legal nature of Andrea Quaranta: Study of Environmental Legal .

Contact Andrea Quaranta via mail or phone to request your opinion of environmental law.

If you liked this article, subscribe to RSS or enter your email that you find in the box below and confirm your subscription by responding to the email you receive on your e-mail: You will receive all updates free of legal direct to your inbox

Stay current on environmental law
Enter your e-mail:


Delivered by FeedBurner

Back Of Ny Driver's License Template

Carbonverde

carbonverde Your use of the fuel produced from mixed waste, is incompatible with a policy that encourages the practice of recycling?

Cement Buzzi in Robilante (Cuneo)

It 's a question that has arisen between them by combining two news concerning environmental Cuneo , una città dove la quota raggiunta dalla raccolta differenziata si attesta attorno al 50% dei rifiuti prodotti: una è relativa al potenziamento della raccolta differenziata dei rifiuti organici, risalente al novembre scorso e l'altra, di fine gennaio 2011, riguarda la protesta di un gruppo di Associazioni del cuneese circa l'utilizzo dei rifiuti indifferenziati come carbonverde.

In particolare, il gruppo di persone che si è rivolto alla testata Cuneo Cronaca per diffondere la propria opnione, esprime preoccupazione circa "l'utilizzo del nuovo combustibile carbonverde , ricavato dai rifiuti solidi urbani che la Buzzi Unicem "sperimenta" Robilante in cement. The novelty lies in using 100% of waste from waste collection, which, when properly processed, is burned in the only incinerator in the province of Cuneo. In our view, this solution does not reward investment in recycling and reduces the incentive to increase, whereas the percentage achieved in the towns of Cuneo runs about 40-50% of municipal waste collected (italics mine).

The statement continues:

"So what is the cost? Surely to solve the problem of waste disposal, Buzzi Unicem delegation to the enhancement energy and thus to burn 110,000 tons / year to produce energy for private use. We then wonder if you want to "scupper" even the efforts of the collection. Moreover, according to the principle "nothing is created, nothing is lost, everything is transformed" the waste becomes ash cement players to return to our homes: the heavy metal "nonvolatile" combine to produce the cement, while those "birds" , harmful to our health, increase emissions into the atmosphere, as evidenced ARPA in recent years. "

In this environment blog, Andrea Quaranta environmental lawyer has already taken in two post di cronaca dell' intervento di Paul Connet sulla strategia rifiuti zero a Cuneo , della distinzione fra:

• incenerimento come operazione di recupero (di energia): è quello che si effettua nei cementifici, ad esempio, come combustibile alternativo a quello tradizionale fossile. Se non fossero bruciati i rifiuti  - o meglio, la parte secca degli stessi, opportunamente trattata - si brucerebbero, in ogni caso, derivati del petrolio;
• incenerimento come operazione di smaltimento: è quello effettuato in un inceneritore. Se non ci fossero rifiuti, l'inceneritore non avrebbe ragion d'essere, e i rifiuti dovrebbero essere smaltiti altrimenti. Non imorta se, nel corso di questo recuparata incineration is a part of energy.

course, distinctions are not immediately understandable, but trying, however, to make more integrated environmental policy in our country, and more sustainable model for the future. All
must be accompanied by an effective waste management policy, which tends to the so-called "zero waste, encourage the growth of recycling, the use of secondary raw materials and products.

Ultimately, carbonverde, in itself, if the result of careful selection, taking into account the individual characteristics of wastes and their potential "riutilizzabilità", può essere considerato come parte di un tutto: una politica di gestione dei rifiuti integrata, in cui ognuno (compostaggio, recupero, riciclo, riutilizzo, recpero energetico, incenermento) "fa la sua parte" in vista di un risultato condiviso finale.
Ma da solo non può essere considerato la panacea di tutti i mali che affliggono la gestione dei rifiuti nel nostro Paese: rischia, al contrario, di trasformarsi in un boomerang con effetti devastanti sia sull'ambiente, sia sulla salute dell'uomo.

Anche nel settore del diritto ambientale, come nella vita, del resto, non esiste LA soluzione dei problemi, ma solo un insieme strategie concentriche che, se integrate, possono garantire risultati sustainable.

Nasal Congestion Upon Waking

Cuneo and differentiated responsibility for the remediation of contaminated sites

environmental responsibility at the time of bunga bunga

The title of this post - which concerns, I have to specify it, the remediation of contaminated sites and in particular the TAR ruling Milan, 1107/2010 - and not the "caste politics", a blog that deals with politics only when it has to do with the right environment and with the right energy - is now deliberately like saying, "provocative".

While this word may have a meaning in our country, who lives by passing provocation, dialogue and deepening, and flies like the plague. Not to mention dignity ...

I will not be tinged novel by Savonarola, but I will not even hide behind the pathetic Cosi fan tutte, or a review (in some ways but also "reassuring", for many, because Avoid thinking, which is hard) "we want to do, things are going well ...

Responsibility, said.

Everyone talks about it: take responsibility, it takes a sense of responsibility, more top honors expense (liability), and so on. Everyone talks about it, particularly in the case - since we are talking about politics - to gain many votes as possible.

Unless all, or almost ready to forget about a minute after he won (or lost) the election, the eternal dance of the accused (of responsibility, of course) ...

In the environmental field, to return to topic of this blog, I had occasion to speak many votle of responsibility (policy) environment: a sign of responsibility , emergencies waste since 1994 and many times the responsibilities of various stakeholders involved in - the passatiemi in everyday language - damage environmental with particular reference to the owner not guilty of pollution.

A figure, it is particularly delicate, in a legal system which speaks loudly of the "polluter pays" principle, but which ends, for simplicity, at times, for incompetence, others, or for sloth - or irresponsible - to to blame (responsibility) on the subject more easily identifiable: the site owner contaminated or polluted if you prefer, who often unwittingly finds himself having to manage the "potato "hot (to stay on with the post title ...).

I have spoken many times for the simple fact that there are owners and proprietors, regulations and rules to respect and ensure respect, responsibility and accountability to be considered (or not ...).

With the exceptions on a personal basis ....

For example, we saw what are the rules that must be followed if the owner is not guilty is the municipality or a victim bankruptcy trustee, or it is a landlord for a land under rental to others, to analyze the various forms of responsibility to define it ... tout court:

Other items related to the issue of liability for environmental pollution :

• guilty of being a landlord? Case of 'pollution previous
• Hit Me!? The case of ' litter
• innocent owner pollution: TAR Torino 2928/2008
• Proof of responsibility for environmental damage

The story told in the order for which you now carry maximum TAR Milan, 1107/2010 as they say, you can read for free registering on the website of Nature

analyzing the legal case - in which the Board has declared inadmissible the action brought by some owners of land contaminated as a result of abuse by third parties storage of substances found there and that would require remediation - the administrative judge pointed out that, without prejudice to any recourse against the actual charge, the person to whom the measure is urgently contingibile issued for disposal of waste, can be detected in those with the good is in relationship that has allowed it to run swiftly ordered actions they consider necessary.

short, not matter if it was not you, the owner, to pollute: easier meanwhile, while not "blame", you pay pollution, of course, allowing you - pardon: ... without prejudice - rivalsa.Poi all the rest comes by itself: will out who your cabbage-like-when-why is guilty. If you can ...

Ultimately, it is the responsibility at the time of bunga bunga: we are responsible and who is forced back to the wall ....

Legal nature of Andrea Quaranta: Study of Environmental Legal .

If you liked this article, subscribe to RSS or enter your email that you find in the box below and confirm your subscription by responding to the email you receive on your e-mail: You will receive free of all updates of legal direct to your inbox

Constant update on environmental law
Enter your e-mail:


Delivered by FeedBurner

Sand Rail Build Instructions

Landscapes wine of the Langhe-Roero and Monferrato may soon be acquired at UNESCO Heritage

Friday, January 21 in Paris was officially presented in the offices of UNESCO, the application form for inclusion in the list of goods Heritage landscapes wine of the Langhe, Roero and Monferrato. It is the Italian candidate for 2011, application that had the green light by the interministerial working group (Foreign Affairs, Agriculture, Culture and Environment).

The official presentation of the dossier is a further step procedure in the application to get a coveted award. Asti, meanwhile, was set up the ' Association for the wine heritage of the countryside of the Langhe, Roero and Monferrato , which ratified the agreement reached by the entire area covered by the job.

The Association aims to develop awareness of the treasures, as well as protect, enhance and protect the same. The Province of Cuneo is a founding member, together with those of Asti and Alessandria and the Piemonte Region. The nomination comes after years of preparation - if talked about since 2002 - and 150 thousand euro investment. Was announced in 2010 by then President Mercedes Bresso, and Summer hours officially filed. A dossier

a thousand pages''that identifies nine 'core zone' within a 'buffer zone' consisting of 74 municipalities whose territory and 'cultivated with grapes from the large DOC and DOCG, for which have been found is exceptionally 'also in terms of issues of historicity' and typical ', as well as the pleasure of sight and high quality' of the landscape.''

The areas covered in the project are nine, each tied to a wine Freisa, Barbera, Barbaresco, Barolo, Grignolino, Dolcetto di Dogliani and three varieties' of Muscat. Around them the''buffer zone''of the 73 municipalities that connects them all, but can not 'fall within the job.

It is a landscape of rolling hills of Monferrato and Roero and those of the Langhe, the ridges more 'sharp. The vines are planted in concentric rows on hills, bordering forests and hazel. Countries have Romanesque churches, squares and terraces, and streets grange. It 'a landscape that speaks of working and peasant life, which must be protected, says the report presented for the application, including its intangible assets''.'' Namely, the characteristics of residential homes, ways of being together, and especially the wisdom of those who produce great wines for generations.

It 's a job that would lead these important areas to be part of a small elite: the landscapes are few in fact already written to the wine list of UNESCO World Heritage: the Douro region in Portugal, vineyards the volcanic island of Pico in the Azores, the area of \u200b\u200bTokaj in Hungary, that of Saint Emilion in France and the Middle Rhine Valley in Germany. Last to get the recogni were the terraced vineyards facing Lake Geneva and the Alps in the Swiss region of Lavaux.

***

Nature Legal Andrea Quaranta: Study of Environmental Legal .

Andrea Quaranta Contact by email or phone to request your opinion of environmental law.

If you liked this article, subscribe to RSS or enter your email that you find in the box below and confirm your subscription by responding to the email you receive on your mailbox E-mail: You will receive all updates free of legal direct to your inbox

Aggiornamento costante sul diritto ambientale
Inserisci la tua e-mail:


Delivered by FeedBurner

Is Creatine Bad For Abs

International Conference Exhibition on materials and technologies for Sustainable Construction

Improvvisamente in edilizia , tutto è diventato “ Sostenibile ”, “Bio” ed “Ecologico”.

La realtà è che, a tutt’oggi, mancano direttive, regolamenti e norme che definiscano in maniera what it means for a unique construction material to be "sustainable", with an emphasis on environmental resources, the health, well-being of those who spend a bit 'of his life within buildings.

Great importance is now rightly given to energy issues and the theme of ' energy efficiency and energy performance certificates (now mandatory) has profoundly changed the construction and characteristics of buildings, facilities and building materials.

But energy efficiency does not coincide with health and comfort of buildings, there where the quality of life and the centrality of human health should be seen as fundamental elements of building quality.

In fact the city is very sensitive to issues of health and comfort, hence the proliferation of trade shows, meetings and events within them have a section dedicated to green building or sustainable construction, but when then you take you can not understand how and why traditional materials, just because a little 'more efficient in terms of energy, can show off the title of "green" or "bio-building."

Clearly, the producers of building materials there are some who carefully and seriously addressed the issue of starting to produce, sometimes in the face of meritorious "voluntary certification, materials, and healthier, many others ride the time and simply write brochures and company websites "bio-building" or "ecological".

The citizen, as well as the technical or administration Public, no elements of assessment and must therefore rely on or trust and try to untangle a mass of statements and arguments, to lose not only the "client" but also and especially the serious producer who is unable to show and to defend the research, effort and investment made.

Hence the idea of \u200b\u200b ECOMAKE , a place to put the issue seriously, an exhibition and conference in which to confront the issue of sustainable building materials and natural materials that show, saying the credibility of the term "bio-building" because it meets criteria for energy and environmental quality checked against a specific technical discipline.

Letter of

Indicative Programme of 17 February 2011

Indicative Programme del 18 febbraio 2011

Mostra delle tesi di laurea  

“Borghi Autentici d’Italia” una scelta di sviluppo sostenibile per i Piccoli Comuni Italiani

Workshop del 17 febbraio 2011

Workshop del 18 febbraio 2011

Detox Spa In Hong Kong

limits the discretion of the government in the remediation of contaminated sites of national interest

Quali sono i limiti del potere discrezionale della pubblica amministrazione in materia di bonifica di siti contaminati di interesse nazionale ?

Up where you can push the administrative discretion of the court?

Who has the jurisdiction in remediation?

And how should the government act against a request for remodeling remediation targets ?

From this last question, the TAR Florence pointed out that if a person wishes to exercise the power in art. 265 Legislative Decree no. 152/06 - remodeling remediation targets, based on different methodology, based on the progressive exceedance of contamination and risk, giving rise to the reclamation procedure - the Administration is not required to have variations, if not in its discretion considers otherwise conform to the objectives, but must still consider the request by the concerned private and possibly justify the reasons for refusal and in no case have not heard about any.

In any case, there is certainly, on technical and environmental a certain degree of discretion by the court before which the pa decisions of the administrative judge stops.
But forget che tale sindacato può comunque sempre esercitarsi nelle ipotesi di contraddittorietà ed illogicità manifesta, dovendo comunque sempre le decisioni della p.a. sostanziarsi come adeguatamente motivate, corrette, ragionevoli, proporzionate e attendibili, anche qualora si dia luogo all’applicazione della c.d. “discrezionalità tecnica”.

Nel caso analizzato nella sentenza che vi propongo oggi ( TAR Firenze, n. 6610/10 , che potete scaricare gratuitamente sul sito di Natura Giuridica, previa semplice registrazione ),  si dibatteva intorno all’annosa questione relativa alla barriera physical and hydraulic barrier, already addressed in the pages of the blog (or hydraulic physical barrier: this is the problem ).

Well, the Board noted that the in-depth explanation of the reasons for the improved effectiveness of physical confinement in the memory of the Administration at that time were to be included in the justification of the requirements of: no may be an integrated form of the motivation for the first time represented in court and without hearing.

Finally: in the environmental field, based on the so-called "precautionary principle " from the Community, government may take measures deemed necessary where it mentioned the risk of injury to a protected interest, even in the absence of a risk actually found.

Again, however, there is a "but": but it is also necessary that this principle is combined with that of "proportionality ", consisting of the duty to adopt solutions of the same pa appropriate involving the least possible sacrifice for the parties concerned without being able to impose, through administrative or legal instruments, obligations or restrictions on freedom (including economic) of citizens, such as protected under Community law, in excess, so disproportionate to what is necessary to the public interest in the presence and availability of other equally effective but less negative incidents

There is, in essence, a prevalence of one principle over another, but must seek a balance in relation to their balanced public and private interests into account.

So, once again it is emphasized that the Administration can not afford to act when and how discretion wants, but must always involve stakeholders, and must give reasons for their choices.

With less discretion and a little 'more discretion ....

***

Legal nature of Andrea Quaranta: Study of Environmental Legal .

Andrea Quaranta Contact by email or phone to request your opinion of environmental law.

If you liked this article, subscribe to RSS or enter your email that you find in the box below and confirm your subscription by responding to the email you receive on your e-mail: receive all updates free of legal direct to your inbox

Stay current on environmental law
Enter your e-mail:


Delivered by FeedBurner

Photo: "discretion" originally uploaded by DISAMISTADE_my life is a reportage!