Abstract

The analysis of sentence of the Council of State no. 2371 of March 31, 2022, allows us to reflect on some consolidated affirmations in the administrative jurisprudence regarding the primacy and absoluteness of the landscape value and its unavailability to any form of balance between different public interests. Thesis that contrasts with the recent jurisprudence of the Italian Constitutional Court that excludes the existence of so-called “tyrannical interestsµ and a hierarchy between constitutional values that must always be balanced each other according the constitutional principles of reasonableness and proportionality.