Paolo Carpentieri

Open access

Ex post assessment of compatibility related to landscape property

  • Abstract

Informations and abstract

Keywords: Protection of Cultural Heritage; Landscape Authorization; Landscape Amnesty; Simplification.

The paper searches for and sets out the reasons why, in the system of rules and regulations regarding the protection of cultural heritage that is currently summarized in the 2004 Code, while the issuing of an amnesty permit to carry out works on the cultural heritage is allowed, the landscape amnesty permit is instead explicitly banned in part III of the Code (article 146, paragraph 4, and article 167, paragraph 4). Furthermore, the paper considers the application problems that have been encountered due to the excessive rigidity of the limits within which article 167 of the Code allows the evaluation of belated landscape compatibility. In the end the paper provides some suggestions for possible solutions to such problems in order to achieve the simplification and greater efficiency and efficacy of the system of administrative sanctions in this field.

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