Il progetto di conservazione fra normativa, procedure e codici tecnici

The current body of legislation referred to the protection, considered from the point of view of the sector legislation (Code of cultural heritage and landscape) of the administrative organization of the institutes responsible for the protection (organic regulations of the Ministry of cultural heritage and tourism recently radically reformed) of the regulation of contracts and public works, to which we must however add the regulation of the administrative procedure (Law 241/1990 and its numerous modifications and additions) has been object, at least since the last 20 years, to real ‘gusts’ reformers who have certainly intensified procedural and formal burdens, but not always innovated in relation to the fundamental structures of the rules dating back to rewriting, transfused into the new normative texts. The contribution refers to recent provisions on public works and works concerning cultural heritage, highlighting the critical aspects but highlighting the not easy harmonization between technical aspects and administrative aspects. In particular, it is emphasized that the power to authorize, essentially unilateral, necessarily requires the redress, before the administrative judge, of any unfavorable provision not only by the main recipient, but also by any third party concerned.