Victor Showing Sypathy In Frankenstein

Review by "Roman Match," weekly news agency

Undoubtedly, the recent restoration of the traditional rite of Mass, approved and encouraged by Benedict XVI in 2007, is helping the world and throughout the Church a silent and widespread spiritual revival, a revival of the devotion and of devotion to the Eucharist especially in the younger generations of both the Catholic laity, that seminarians and priests.

But the link between worship and culture is well known and there is indeed against the whole modern idea about the alleged reasonableness of atheism, a people or a nation, in East and West, which has in its history, and his art, in its culture and its customs, religious footprint, sacred, imbued with transcendence.

The traditional rite of Mass, as well as a new highly effective barrier to the contemporary secularization, is in itself a valuable link between modern man and our long history of Italians, a people whose identity is really incomprehensible without reference to this event Christian, here we come through those same men I personally knew the Redeemer, as the holy martyrs Peter and Paul.

The book in question (E. Cuneo, D. Sorce, R. Mameli, Introibo altar to the Gods, published by Faith and Culture, 2008, € 25) sums up the above. The authors have between 24 and 32 years and all three musicians, specializing in opera and Gregorian chant in the liturgy or the use of concert instruments. Their valuable work, which uses a foreword by Card. Castillon Hoyos and an afterword by Father Konrad zu Löwenstein, looks like a manual for learning the liturgical service of the altar, and is therefore especially dedicated to the altar boys and altar servers, the content however, is much broader.

fact talking about the Sacred Liturgy (Chapter 1), the liturgical books (Chapter 2), of ministers of religion (ch. 3) or of song and sacred music (chapter 6), you are more immersed in our real and profound cultural and historical dimension: every man of culture and every faithful Catholic should approach these dense pages, written with great simplicity and youthful energy, to draw these cultural landmarks, aesthetic and spiritual that allow one side to get out banal vulgarity of everyday life, and secondly to understand, and above the merely folkloric or literary value and meaning of many traditions, (processions, pellegrinaggi, feste patronali e usi secolari) che ancora si conservano, nonostante tutto, nella nostra vecchia Europa. Il nostro variegato e imponente patrimonio musicale, artistico e architettonico (pensiamo alle tante basiliche e cattedrali) di cui da italiani andiamo giustamente fieri, se si spiega in generale con la grande religiosità del nostro popolo, deve pure moltissimo proprio alla forma liturgica codificata da Papa san Pio V nel XVI secolo, che in realtà risale ai primi albori dell’era cristiana.

Tutti riconoscono poi che l’uomo di oggi soffre un processo di sradicamento, di estraniamento culturale, soprattutto nelle metropoli, e di una spaventosa crisi di identità. Crediamo con forza che il modo migliore di far fronte a tali malattie tipiche dell’epoca della globalizzazione, si trovi, più che in tecniche di tipo psicologico o metodi “spirituali” presi in prestito da altre civiltà, nella fuga dal ritmo e dalla mentalità asfissiante della città secolare, abbattendone i falsi idoli del consumismo, della carriera e del devastante culto di sé.

Proprio in tal senso il massimo culto reso a Dio, cioè quello sobrio e ascetico, sacrale e gerarchico della liturgia romana bimillenaria, così come accuratamente descritto dai nostri giovani autori, costituisce l’antidoto migliore alla perdita di senso e allo smarrimento esistenziale, ed inoltre, anzitutto, il luogo e il momento da cui ripartire per recreate in us and around us, the values \u200b\u200band customs of the eternal and indestructible Christian civilization.

CR n.1088 of 04/17/2009

Boss 755dbi Rca Diagram

State Council, IV, 31 March 2009, No 1917

N.1917/2009 Reg Dec.

REPUBBLICAITALIANA
IN THE NAME OF THE ITALIAN PEOPLE

The Council of State in the courts (Section Four) gives the following

DECISION

on the appeal in writing to the proposed NRG 4301/2004 da NAPOLI Roberto, rappresentato e difeso dagli avvocati Antonio Campagnola e Francesco Rossi ed elettivamente domiciliato presso il loro studio in Roma, via Lutezia 8;

contro

Presidenza del Consiglio dei Ministri, CESIS, SISDE, in persona del Presidente in carica e dei rispettivi legali rappresentanti, rappresentati e difesi dall'Avvocatura generale dello Stato presso la quale sono per legge domiciliati in Roma, Via dei Portoghesi n. 12;

per l'annullamento

della sentenza del Tribunale Amministrativo Regionale per il Lazio – Roma, sez. I , n. 7078 del 2003.
Visto il ricorso in appello;
visto l'atto di costituzione in giudizio dell’Amministrazione respondent;
considering the pleadings submitted by the parties in support of their defenses;
seen all the acts of the case;
date to read the public hearing on January 13, 2009 the report of the Armando Wells and heard, the parties, lawyers Antonio State lawyer Campagnola Ferrante;
held in fact and law considered in the following: FACT

Today appellant on October 1, 1982 was passing by the Carabinieri, with the rank of Lieutenant, employed of SISDE - Presidency of the Council of Ministers, with classification in its role, playing for over ten years of investigations into of departments.
With Prime Minister's September 29, 1993 was transferred to other government departments, art. 6 lett. b) No DPCM 7 of 1980.
The expulsion of the appellant to that, concealed a punitive purpose, it was in fact required by a note dated 19.7.1993, the Director pro tempore of SISDE, following a negative assessment on the professional and personal qualities of Naples and not on the basis of service needs.
only after having read the acts of the Administration, which could justify a departure from the Service of Naples, he has challenged the administration to another passage from SISDE the TAR of Lazio, which judgment no 3261/1998 dismissed the appeal inadmissible for decadenziale time limit. That decision was confirmed by the Council of State Decision 2742/2000.
Subsequently, the Naples appealed to the Labour Court to obtain compensation for moral damages, to human relationships, biological, professionalism, suffered as a result dell'ingiustificato transfer.
The employment tribunal dismissed the application holding its lack of jurisdiction because the crime was perpetrated at a date before June 30, 1998, a time limit established pursuant to Legislative Decree. No 80/1998 for the passage of disputes in public employment by the administrative courts to the ordinary courts. Following the ruling
Judge of Labor today appellant relies on the same compensation claims before the TAR of Lazio, which, however, appealed the ruling here, said the appeal inadmissible on the basis of the decision of dissolving the relationship dell'inoppugnabilità employed by the SISDE proposability and not a claim for damages independently.
sentence no appeals against Napoli 7078/2003 of the TAR of Lazio, for the following reasons, which was not entrusted to the typical formulas of the administrative process.
A) TAR has made unlawful the application of the institution of administrative ruling on the false assumption that controvertesse a legitimate interest, where but the dispute was referring to a position of personal right in the management of employment in the employ of SISDE, namely, the law office that substantiates the claim not to be arbitrarily removed from office except in cases expressly provided by law, and the right to function, consisting of the right to exercise the duties related to their qualifications, without demeaning the professionalism.
Napoli have suffered an unfair abuse of those rights, at the request of removal based on alleged lack of moral and professional qualities, however, denied earlier by the commendable career and without such a negative evaluation was preceded by elements of education.
the contrary, as evident from the documents produced in the first instance, the Administration has tried to artificially justify the transfer of the appellant as a result of the investigations on the professionalism and reliability of belonging to the Services ordered by the President of the Council of Ministers response to the emergency situation has arisen in the wake of the incidents the bombs in Milan, Rome and Florence.
However, Naples has been removed from the office well before the completion of those investigations, however, ended with a very positive evaluation professionalism of the applicant, deemed worthy of being part of the body of safety.
It 'true that the Administration has tried to rectify the inconsistencies mentioned, including through the establishment of a Commission of Inquiry by the Ministry of Interior with the task of shedding light on the criteria used in order to carry out the removal of SISDE staff, but the work of that committee have raised the profiles of inconsistencies and contradictions, having made reference to a non-existent report on 30.6.1993.
From the nature of subjective right of the positions put forward in court, follows the error in point of law motivazione della sentenza, la quale, sul presupposto della riconducibilità dell’illecito della P.A. nella giurisdizione amministrativa, ha ritenuto applicabili le regole che sono peculiari di tale giurisdizione, cioè la necessaria impugnazione del provvedimento arrecante il danno nei termini decadenziali.
Da una lettura costituzionalmente orientata dell’art. 7 della legge n. 205/2000 discenderebbe, invece, che l’esperibilità dell’azione risarcitoria, ancorché siano decorsi i termini decadenziali e nonostante l’intervenuta inoppugnabilità del provvedimento, lungi dal determinare una situazione di incertezza, rappresenta al contrario l’unico strumento di adeguato e giusto contemperamento dell’interesse pubblico all’intangibilità dell’agire amministrativo con l’interesse del privato a non subire ingiusti sacrifici della propria sfera giuridica.
Ciò, del resto, risulterebbe confermato dalla prevalente giurisprudenza di legittimità, secondo cui resta avvalorata una connotazione della tutela risarcitoria invocabile al giudice a prescindere dall’annullamento - quale misura minore rispetto alla rimozione dell’atto - che è ben più impegnativa per l’amministrazione che non la tutela riparatoria, attesa la diversità di presupposti, e quindi la reciproca non interferenza, tra le vicende risarcitoria e demolitoria.
B) Ulteriore vizio della sentenza sarebbe costituito dall’errata premessa that the administrative decision was not challenged in time, become so undeniable, even to be considered legitimate in all respects, with the result that, even in the face of the injury suffered by the recipient of the same measure, is considered to preclude the remedies of the damages.
According to this misconception, therefore, the protection reintegratoria for damages resulting from actions taken by the PA can not be relied upon if not by way of consequential than the protection of the proceedings of its legitimacy, since the unlawful exercise of the function would affect a situation of legitimate interest and not the individual right to claim within a period of sixty days, after which the measure accused of illegality but not eliminated, now for that very intangible, can not be considered legitimate and inappropriate to base any claim. This parallelism between
administrative act conclusively and legitimate act according to the applicant would not find any legal basis, because while the inopposability detects only a procedural standpoint, on the contrary, the concept of legitimacy relates to the fact. So, while the illegitimate exercise of the function is likely to harm a situation of legitimate interest, determining ownership of shares of legitimacy, on the other lato, ben può ravvisarsi un pregiudizio a situazioni qualificabili in termini di diritto soggettivo distinte e non consequenziali all’interesse legittimo, configurandosi così una autonoma e specifica azione risarcitoria.
L’appellante aggiunge un ulteriore rilievo in ordine alla sentenza impugnata.
Condizionare il diritto al risarcimento del danno ingiusto arrecato al ricorrente dall’attività provvedimentale posta in essere dall’Amministrazione, che ha inciso sul diritto soggettivo perfetto del Napoli a non vedere compromessa e svilita la propria professionalità e la propria reputazione, al previo e non più consentito annullamento dell’atto di allontanamento, equivale a negare tutela giurisdizionale al ricorrente con conseguente violazione degli artt. 2, 24 e 111 della Costituzione.
Si è costituita la Presidenza del Consiglio dei Ministri che, con memoria, deduce l'infondatezza del gravame in fatto e diritto.
La causa è passata in decisione all’udienza pubblica del 13 gennaio 2009.

D I R I T T O

1 - Come già esposto in fatto, con la sentenza appellata il TAR Lazio ha dichiarato inammissibile la domanda di risarcimento del danno causato, a detta dell’appellante, alla propria sfera professionale, all’immagine nella vita di relazione ed alla sfera biologica, dal provvedimento del Presidente del Consiglio dei Ministri, su proposta del direttore del SISDE del 29.10.1993, transfer to another State Administration for official purposes. This, as the claimant introduced a judicial review which affects the legality of the determination to settle the relationship of employment with the same information service, trade union, as it involves the question of the legality of the act, because that was unacceptable ' now precluded investigation after the TAR, and the first Council of State, then, respectively, by judgments nos. 3261/1998 and 2742/2000 had declared inadmissible impugnatorio against the act of transfer to another administration taken on 29.10.1993, thus became final.
2 - The appeal is unfounded. The point of law
priority put forward before the Board is to assess the fairness of the sentence, where it has made use of the preliminary decision of the administrative institution.
The Board does not believe it, that he should depart from the principle of the existence of so-called ruling administration, said from meeting of the Plenary Council of State (State cons., Ad. Plen. No 12/2007) and by its own recent precedents specific ( Cons. State, VI, February 3, 2009. No. 587, June 19, 2008 No 3059) with which this Council in relation to contrary rulings by the Supreme Court (Court of Cassation, sez. a., 13 June 2006 No 13 659 and n . 13,660), has pointed out that the application of the principle of ruling does not order a foreclosure case to consider the merits of the claim for damages, but results in a negative outcome on the merits of the action for damages.
It follows that the claim for compensation arising from the contested decision is not (or belatedly contested, as in this case) is acceptable, but it's unfounded because the lack of appeal of the source of the damage that can act operate in a prescriptive rule dictating the case, allowing the production of its effects and requiring compliance with associates and thus prevents the damage that might be considered unfair or unlawful conduct of the Administration in the enforcement of the final.
The principle of the ruling is not based, therefore, the administrative judge of the impossibility to exercise the power of non-application, but the impossibility for any court to determine as a preliminary issue without force of res judicata and the illegality of the act, which constitutive element of the case of tort liability ex art. 2043. Civ., in essence, if the finding is precluded in the main street in compensatory damages in the trial because no experiments, or may not experience (as a result of res judicata, revocation, etc..), the specific remedies under the law to challenge the law in accordance with the same situation, the claim for damages must be rejected on the merits because the production of the damage done is unlikely to be qualified tort (see, Cass. Civ., II, 27 March 2003 No 4538).
The administrative ruling is therefore closely linked to the principle of legal certainty in public law, whose garrison is placed on short-term decadenziale of appeal of administrative decisions.
does not appear to endorse the opposite view, that the word decadenziale is irrelevant to the damages, it is a deadline in a short time to ensure the certainty of the inviolability provvedimentale the case, while the adjustment of interests would not be questioned only by an action for damages, in which the verification of the legality of the act is made in passing.
In fact, the overall structure of interest regulated by an act is not contested is also part of the economic component, which affects the damages and also in the presence of a judge's decision finding of a measure for the sole purpose examination of a claim for damages, the obligation to comply with court should imply the annulment of the illegitimate considered, resulting in avoidance of the term decadenziale.
Compared to the requirements of legal certainty in public law, where the short-term appeal is functional, compatibility is a difficult situation in which the private sector after remaining silent (in the sense that it had challenged the decision) after ' issuance of an administrative act which affects them adversely in the courts in the broader limitation period of five years, asking for damages.
objection that it is the same situation envisaged by art. 2043 cc interprivatistici relations, it can be replicated, showing that even in relation to the exercise of power in private law relationships and the disputing GO to the front of administrative acts, in many cases it is preferred that need for certainty with the imposition of time within which decadenziali right to challenge the compliance with certain legal situations, which will expire also precludes an action for damages is not allowed to ask for compensation damages for being unlawfully subjected to administrative sanction by an order of injunction was not challenged within the meaning of l. 689/81, the dismissed employee can not choose to opt for compensation, without challenging the termination as prescribed by l. 604/66; can not be claimed for damages in the absence of further appeal of condominium or corporate resolutions, which have been the source of the damage (for the latter see the art. 2377, paragraph 6, DC).
Moreover, Article. 7, third paragraph, of Law Tar provides that "The Regional Administrative Court, within its jurisdiction, he also knows all the issues relating to possible damages, including reinstatement specific performance, and other consequential economic rights.
Paragraph 5 of 'Art. 35 of Legislative Decree no. No 80/98 states that "are hereby repealed Article 13 of Law 19 February 1992, No 142, and any other rules should be devolved to an ordinary judge of disputes on compensation for damage resulting in the annulment of administrative acts. "
In both provisions the legislature, while not directly addressing the issue, described the issues related damages to an illegal measure, issues such as "consequential damages" from the cancellation of the latter, implicitly recognizing that compensation assumes not merely incidental finding of the act, but its cancellation.
The provision implies, namely, that, as noted above, the objective element in this case the offense is not the unlawful administrative act, but the official act canceled.
should finally be noted that the application of the principle of so-called administrative ruling does not restrict the courts. From
rulings of the Constitutional Court show that the compensation is an instrument of protection further than the classic demolition (and / or compliance), to be used to bring justice to the citizen against the government (Constitutional Court No 204 / 2004, No 191/2006).
The administrative measure infringes a substantial interest may be attacked on a impugnatoria for its demolition, and "consequential" damages by way, for its detrimental effects, becoming, in 'one and the other case, the question of its legitimacy, in the judgments of the Constitutional Court, there is no trace of any suspicion of unconstitutionality of such a design and, indeed, it seems easy to infer the contrary (see Cons. Member, Ad. plen. No 12/2007). Moreover, in those cases mentioned earlier in which the private law context of the exercise of powers is subject to terms decadenziali, the ordinary court has ever raised the issue of the constitutionality of the foreclosure action for damages even in cases where no objections in terms of decline.
In accordance with the direction the plenary session of the State Council shall, therefore, considered that the failure to timely appeal an administrative decision prevents illegal to consider the conduct of the PA and to obtain damages arising from that same act.
By applying this principle to the case, should be rejected (in substance) the claim for damages filed by the applicant at first instance.
3 - no different conclusion is reached even if it wants regardless of the administrative ruling, given that the 'action for damages is unfounded in practice.
And, indeed, be excluded that the legal situation triggered by the disputed administrative act may qualify as non-compliance with laws and establish the right to damages under Article 2043.
The investigation on the existence of the first in a logical and legal elements of the crime according to article 2043 Civil Code., Namely the assessment of the legality of an administrative act, clearly leads to negative results.
In this regard, aside the finding that the current appellant has not repeated here the specific objections to that decision at first instance, for which of them would be precluded any examination, is the decisive consideration that the disputed transfer is turning away from complaints put forward by today appellant and the original applicant.
As you know, the discipline of the equipment responsible for the security of the state must first comply with the fundamental and essential principle of confidentiality, can be deduced from the entire system of law contenuta nella legge n. 801 del 1977 e che è alla base della stessa costituzione del Comitato parlamentare di controllo, al quale soltanto il Presidente del Consiglio dei ministri e il Comitato interministeriale per le informazioni la sicurezza sono tenuti, ai sensi dell'articolo 11 della legge citata, a fornire informazioni, per altro limitatamente alle linee essenziali delle strutture e dell'attività svolta. Ora, proprio ai fini di consentire una piena assunzione di responsabilità per l'attività svolta dagli apparati preposti alla sicurezza dello Stato da parte del livello dirigenziale e del livello politico (Presidenza del Consiglio dei ministri, Comitato interministeriale, Comitato parlamentare di controllo), indispensabile contrappeso del principle of confidentiality in order to safeguard the constitutional principles of sound administration and impartially and in accordance with the relevant directive issued by the President of the Council of Ministers on July 30, 1985, pursuant to Article 1 of law No. 801 of 1977, the regulatory provisions governing the employment of staff of information must be interpreted and applied consistently with the trust and precarious nature essentially the same report, which may be unilaterally terminated by either party, respectively, at the request or initiative of its own motion, in order to facilitate the necessary rotations. From this point of the paragraph is justified 2 of Article 6 of the regulation adopted by Prime Ministerial Decree No. 7 of 1980, applicable to transfers of personnel employed directly by virtue of the reference in the article 9, that the return in the administrations of origin and transfer to another State Administration of staff of office information can be arranged for needs of service provision is largely discretionary, stating only that the order was adopted for this purpose.
4 - In conclusion, the appeal must be dismissed. The costs of the degree may be compensated for the right reasons ABSENCE

PQM

The Council of State in the courts (Section Fourth), finally saying the appeal mentioned in the headnote, rejects it.
grade offset expenses. Sort
that this decision is made by the administration.
Decided in Rome, January 13, 2009, the Council of State in the courts (Section IV), meeting in the Council Chamber, with the intervention of the judiciary:
Constantine SALVATORE - acting President
MARUOTTI Louis - Director Armando
WELLS - Director, ext.
Anna Leon - Director
MOLLICA Bruno - Director of the author
THE ACTING PRESIDENT
Armando Salvatore Costantino Pozzi
Deposited in the Office 31/3/2009.

How To Get Off Of Diazapam

TAR Lombardia, II, 29 December 2008, n. 6188

ruling
December 29, 2008 No
6188


ITALIAN REPUBLIC ON BEHALF OF THE ITALIAN PEOPLE
The Regional Administrative Court of Lombardy
^

Section 2 gives the following

Judgement on appeals nos. 111 and 918 of 2008 proposed
[appeal No. 111/08]

Drive by Franco and Stefano Nespor
represented and assisted by Ada Lucia and Claudia De Cesaris Galdenzi, electively placed with the first in Milan, via a Fogazzaro

against the City of Milan
in the person of the mayor pro tempore Letizia Brichetto Arnaboldi Moratti, represented and assisted by Rita Maria Surat, Armando Tempesta, Antonio Mandara Anna Maria Moramarco, Alessandra Amendolea Montagnani, with an address at the same in Milan, 8 Via della Guastalla, municipal offices Advocacy

against

New Real Estate Projects Ltd
based in Milan, Mr. Virgilio Braga person AU, represented and defended by the lawyer. John Mangialardi, at whose office is elective domiciled in Milan, via dei Bossi 4

to cancel

a) the qualification formed with the expiry of the Act gives presented on 12.10.2006 (Case No. 8371/2006) for the construction of a building intervention in private Lecce No 6;
b) the opinion of the four (sic, 24) in September 2007 by the one-stop shop for construction of the City, which has effectively made the diagnosis indicated in a);
[appeal No. 918/08]
by Stefano Nespor

represented and assisted by Ada Lucia De Cesaris, Hercules and the Roman Empire, at the first address for service in Milan, via a Fogazzaro

against the City of Milan
represented and defended represented by Maria Rita Surat, Armando and Antonio Tempesta Mandarano, address for service as above
against
New Real Estate Projects Ltd.
not in court for the annulment

a) communication management January 8, 2008 (pg 131266/2008, Case No 8371/2006), received on 2/19/2008, coming from the Single Desk 'Building Services, major construction projects, office treatments group 3);
b) the qualification formed with the expiry of the Act gives submitted on 12.10.2006 (Case No. 8371/2006) for the construction of a building project in No privately Lecce 6;
c) the opinion of the four (sic, 24) in September 2007 by the one-stop shop for construction of the City, which has effectively made the diagnosis indicated in a);
d) Building Regulations of the City of Milan and technical standards for implementing the current PRG. Viewed
appeal No. 111/08, notified 18 December 2007 and 8 January 2008, filed January 15, 2008;
Viewed appeal No. 918/08, 18/21 and filed notice of 24 April 2008;
In view of appearance in court of the City of Milan and the memory of incorporation of the Company on the other party to appeal No. 111/08;
Given the parties' submissions, viewed
records and documents of the case;
heard at the public hearing on December 18, 2008, rapporteur Dr. Carmine Spadavecchia, lawyer. De Cesaris, the lawyer. Anna Maria Moramarco (proxy Att. Mandarano) Att. Mangialardi;
Given the following, in fact and law

1. The applicants are, one (Mr. Franco Guidi) located on a co-owner of Lecce 4, the other (Mr. Stefano Nespor) owner of a housing unit located on the fourth floor of the building in Via Lecce 5. The way
Lecce is a private cul-blind, that is for each center line of common ownership of the riparian along the length of their borders.
In front of the building in Via Lecce 5, and the side of the Via Lecce 4, there is an area of \u200b\u200b204.62 square meters, belonging to the defendant company, on which stood a warehouse / lab artigianale avente altezza di ml. 4,50 circa.
Detta area - sita in zona a destinazione B1, funzione R/I, con indice di fabbricazione (If) di 3mc/mq (ex art. 19, 2.2 n.t.a.) - è oggetto dell’intervento edilizio in contestazione.
Secondo la denuncia di inizio attività (d.i.a.) presentata il 12.1.2006, l’intervento consiste in una ristrutturazione edilizia unitamente ad una nuova costruzione; esso è volto a trasformare la struttura presesistente (ex magazzino/laboratorio, alto ml. 4,50) in sette box, con ampi spazi chiusi sovrastanti i volumi destinati a parcheggio, e a realizzare al di sopra di tale struttura due nuovi piani, ciascuno avente altezza di ml. 4,85, dotato di ampi spazi con soppalchi attrezzati e finestrati, e un sottotetto senza permanenza di persone con altezza media interna di ml. 2,35.
In sede di istruttoria tecnica lo Sportello unico per l’edilizia ha rilasciato il 24 settembre 2007 un parere favorevole che: qualifica l’intervento come di ristrutturazione e ampliamento; precisa che il progetto, inerente un edificio artigianale, prevede la traslazione e il cambio di destinazione d’uso (da artigianale a residenziale) della Slp esistente al piano terreno (mq 195,20) con un modesto ampliamento di Slp (mq 1,73), per una Slp complessiva di mq 196,93; ritiene “non pertinente” la verifica della necessità di una pianificazione attuativa; classifica l’accessibilità dell’area come "Sufficient", concludes that "the intervention is part of the volume with an allowable use of the area equal to 2.887 m / m calculated on a land area of \u200b\u200b204.62 square meters.
2. In the first epigraph of appeals (No. 111/08), the plaintiffs challenged the qualifying title formed on giving technical advice and September 24, 2007 one-stop construction.
By application dated 09.27.2007 Mr. Nespor has warned the City to verify compliance with the requirements of the draft law and regulations. By note of 20.11.2007 has recommended building unlawful intervention, urging the City to prohibit the commencement or continuation of the work. By memorandum of January 8, 2008 the manager of the Service informed him that the examination of the practice building had been favorably concluded on the basis of the sworn represented on drawings by the designer.
its second epigraph of appeals (appeal No. 918/08) Mr. Nespor appealed, together with the documents hit by the first application, the executive memorandum about January 8, 2008, the Building Regulations of the PRG and nta.
3. The City and the defendant company, made in court, have controdedotto.
The interlocutory application filed by the first application, giving reasons accepted by the Chamber (ord.za 11.30.2008 No 167), was rejected by the court of appeal (cons. State IV, 15.04.2008 No 2065), which assessed opposed interest, he considered that the prevailing appellant company. "
4. The applicants a preliminary matter that the calculation of the volume was made under Article. 11 of the Building Regulations, which refers to the virtual volume being the product of the surface to a height of virtual dell'interpiano 3.00 ml, regardless of its actual height.
They note that, taking into account the heights real and not virtual, the effective exploitation of the area (of 204.62 square meters) is 2,307 cubic meters, equivalent to 11.27 cubic meters per square meter, well above the index ( 3 mc / m) under article. Nta 19 for zones B1.
also noted that the height in the building project is over 18 ml, while in front of the building is about 11 meters high, and the building next to it (property Drive) is just about 8.5 meters. On this basis
formulate the following grounds of appeal, common to the two actions:
- breach of the Building Regulations (Article 11) and the NTA of prg (art. 19, para. 2.2, and art. 17, par. 1.2) : the criterion laid down in Article virtual. RE 11, aimed at assessing the capacity building intervention settlement can not be used to calculate the index indicated by the machinability of technical standards for implementing the plan (in this case, 3 m / m), which identifies the actual volume constructible cd on the area of \u200b\u200brelevance, based on an assessment of the weight is not settlement, but the sustainable planning and land use for town planning and morphological, that index (3 mc / m) corresponds to that of the rest provided by a primary rule still force (Article 41-d, the sixth paragraph of Law No. 1150 of 1942), which - assuming the applicants - refers to the real volumes are available on areas of relevance, and can be overcome only with a specific detailed plan of subdivision or special agreement extended to ' entire area; art. 17, par. 1.2 NTA, however, excludes the special changes of the zone B1 was actually [former (Recv. 111/08) and the fourth reason (Recv. 918/08)];
- Breach of the Ministerial Decree No 1444/1968 (Article 8) and the NTA of prg (art. 17, para. 1.2, and art. 19, par. 2.2): the height of the building (over 18 m) contrasts with the art. 8 dm 1444/1968 (made mandatory art. 41-d, eighth and ninth paragraphs of Law No. 1150/1942), which states that in areas B the maximum height of new buildings may not exceed the height of existing buildings and surroundings, as well as by art. 17 NTA, which seeks to maintain the zones B1 current state of affairs, excluding changes in substance [the second reason (Recv. 111/08) and sixth reason (Recv. 918/08)];
- misuse and lack of investigation: defendant, the Company has not been shown to have also acquired the undivided share of ownership of the centerline of the driveway, which shall, in regard to accessibility of the building and boxes, problems that the City should, nell'istruttoria of building practice , deepen [the third reason (Recv. 111/08) and the second reason (Recv. 918/08)];
- alternatively, breach of Article. 41-d, sixth paragraph, of Law No. 1150/1942: by calculating the manufacturability of art. 19 nta on the desktop, the City has violated the primary rule (Rule 41-d cit.) Index that allows the excess of 3 m / m only with the approval of implementation plan (Or, as the Court in the case of already urbanized area): in fact, in the absence of detailed plan, and since the volume in the project close to 12 mc / m, the City would have to check the specific existing urbanization and its ability to withstand the new intervention is wrong, moreover, the assessment of accessibility of the area, given that the existing private road, dead-end and only passable by a vehicle at a time is enough in view of the traffic generated by the new settlement; the same art. 19 NTA, admitted when the calculation of the virtual volume, it would be illegal because, allowing you to build with building permit easy, no detailed plan and without pre-existing urbanization, would amount to circumvent the real limits imposed by primary rule, also exceeding the maximum density of land (7 m / m) located in the Ministerial Decree No 1444 of 1968 [fourth reason (Recv. 111/08), seventh and eighth pleas (Recv. 918/08)].
5. No Recourse 918/08 also involves the management note 8 January 2008 (which responds to the formal notice of the person), resulting in the lack of investigation and the Municipality of reasons: a) to be assessed on the basis of feedback to give merely the securities, without inspection, without verification of statements relating to the condition of the premises, without a specific finding on the state of urbanization in the area (first reason); b) to have failed to consider comments made by the person with his own warning (third reason). The complaint also
action is unlawful. 11 of the Building Regulations in respect of Article. 41-d, sixth paragraph, Law 1150/1942, and request the disapplication (fourth why). However, disputes the applicability of virtual computing in this case, where each floor is composed of two distinct volumes (volume of the volume above the floor and raised platforms, each with its own window), so could undermine the premise (the unity of internal volume for individual plans) of such a method of calculation (fifth reason).
6. The Municipality, formed in both lawsuits, has controdedotto.
The other party - formed only on the first appeal - he also controdedotto the merits, and objected at the outset the appeal inadmissible on the ground that by resolving the complaint Logon (dia) in a private act, nor that it would not be as administrative decision or act as authorized, the only remedy available by the party who consider themselves wronged by giving against whom the administration has not exercised any power of repression would be to put a formal request to the Administration itself, and in challenging the 'Any implied rejection formed on that instance.
7. Accordingly, the Board notes the following.
Appeals, having the same object can be gathered and decided by a single sentence.
As regards the exception referred by the respondent, the Board does not consider to dwell on the authorities cited on ways and means to protect the third person is affected by the complaint Logon (dia) - including addresses appear in the process of consolidating the pro- direct actionable nature of the dia (05/04/2007 cons. State VI No 1550 07.29.2008 No IV 3742) - since in this case the actions also affect two acts of the One-stop building: technical advice September 4, 2007 (with whom the City has verified the legittimità della d.i.a.) e la nota 8 gennaio 2008 (con cui ha ribadito la legittimità della d.i.a. in risposta alla diffida formulata da uno dei ricorrenti).
Ciò rende ammissibili i ricorsi, dal momento che, quali che siano lo stato del dibattito sulla questione relativa all’impugnabilità della d.i.a. e gli orientamenti giurisprudenziali sul tema, l’impugnazione di atti amministrativi emessi nell’esercizio del potere di controllo dell’attività edilizia consente comunque un sindacato ad ampio spettro sulla legittimità dell’intervento edilizio avviato con la denuncia di inizio attività, che il Comune non ha ritenuto di interdire, né di reprimere.
8. Nel merito, il ricorso è founded.
The building massing is data that has to do not only with the weight (ie, the load induced by a new urban settlement), but also with the morphology of the territory, and the physical footprint found compatible with the character el 'stance in a given area.
While the calculation of the volumes may be driven by regulatory criteria as to what areas are not computable (non-habitable spaces accessories, technical books, service rooms, etc..), The virtual volume can not be dropped from the physical so far as to significantly alter the actual data.
where individual governments were free to set the calculation of the volume criteria completely divorced from a real base, the primary rule (Rule 41-d, the sixth paragraph of Law No. 1150 of 1942), and the Ministerial Decree (Paragraph 7 dm 2 April 1968 No 1444), which place building density limits valid throughout the national territory without establishing uniform criteria for the calculation of volume, would be applied differently and substantially undermined.
Now the art. 41-d of Law No. 17 August 1942 1150 (added by. 17 6 \u200b\u200bAugust 1967 Law No. 765) provides that in municipalities with land-use plan or program production, in areas where buildings are permitted to volumes in excess of three cubic meters per square meter of area building, or heights exceeding 25 meters, can not be achieved by building volumes and heights exceeding those limits, without the prior approval of a specific detailed plan of subdivision or special agreement extended to the entire area containing the provision planivolumetrica the planned buildings in that area.
Article. 19 nta, where it provides in the areas B1, a building permit the building rights mere seconds with a maximum of 3 mc / sq. Is in line with the primary norm.
Except that, the art. 11 of the Building Regulations 1999, further reducing the height of "virtual" fixed m. Article 3.30. 6.10 NTA, provides that "the volume of Construction is conventionally inferred by multiplying the total gross floor area (SLP) of individual plans for the virtual height dell'interpiano M 3.00 regardless of its actual height. "
9. Now, whatever the ratio of the standard (even count to three meters lower altitudes, use a uniform calculation regardless of differences in height of each floor inside the same building, etc..), It can not be construed to authorize the design and construction of buildings as if the heights pluripiano interp, whatever their extent, were equal to three meters.
The indiscriminate application of virtual test would to alter the rule laid down by the primary rule to the point of admitting volumes entirely divorced from reality as is the case, in which the actual height interp (4.85 m), far higher than that (virtual m. 3.00), is to exploit through the use of lofts interiors artificially enlarged in height. Intesa
otherwise, to circumvent the rule would limit the volume (according to standard primary) said in the planning, authorizing the execution of simple volumes with concession that would require (according to the same standard primary) draw up an implementation plan and - presumably - the development of urbanization, which Verification is instead ruled out when the building, keeping to the limit of 3 cubic meters per square meter, is allowed by a simple concession (now allowed to build).
So interpreted, and apart from that it can "interpolate" the art. 19. nta I agreed to make interventions like the one in dispute, regulatory rule - also open to non-application in case of conflict with higher sources of law: cf. Cons. State V 02/04/2004 No 367, 10/01/2003 No 35 - is removed from complaints of illegality.
The same is true art. 19 NTA, which, rightly understood, is not exposed to either inapplicable (also permitted by law nature: cf. TAR Brescia 11.04.2003 No 1344), né ad annullamento (chiesto in ricorso, ancorché in via subordinata).
10. I motivi che denunciano la violazione dell’art. 8 d.m. 2 aprile 1968 n. 1444 e dell’art. 17 delle n.t.a. non sono invece fondati.
L’art. 8 del decreto ministeriale (che stabilisce limiti inderogabili di altezza in forza dell’art. 41-quinquies della legge urbanistica) dispone che l'altezza massima dei nuovi edifici non può superare l'altezza degli edifici preesistenti e circostanti, con l’eccezione di edifici che formino oggetto di piani particolareggiati o lottizzazioni convenzionate con previsioni planovolumetriche, sempre che rispettino i limiti di densità fondiaria di cui all'art. 7.
In base al rilievo prodotto by the other (attached to doc. 9), and undisputed, the building project has a height of 18.06 meters. Although all the buildings that overlook the street below Lecce are high (between 8.33 meters and 16.32) are close, so in the context of buildings "surrounding" buildings taller than (24.18 and 22.42 meters).
can not lead to a different conclusion, the fact that the B1 zones are defined (Article 17, paragraph 1.2 NTA) as "parts of the territory for which the Plan does not expect any changes in the current state of affairs", since the generic definition , which affects the overall shape of the area, and can not be understood as seeking to foreclose any unchangeable existence, if not at the cost of building rights to frustrate the same forecasts put art. 19.
11. Finally, the applicants doubt the accessibility of the building project and its box, charging the City for lack of inquiry did not consider whether the defendant company has acquired, subject to the property along the processing building, including the undivided share of property the middle of the driveway.
The reason is unfounded. No further deepening the City was required to do when one considers that: the act of sale of the Via Lecce 6 (see private deed on 13.1.2006, registered on 25.05.2006) states that the property is purchased with each accession and relevance, charges and encumbrances active and passive, and that the ownership of privately Lecce is regulated by two deeds of 1923 and of 1930, the act of 1930 relates to the ground (bare area at the time) including a portion, painted in yellow, for a private road and bordering the other half of the private road, the act of sale 25.06 .1926 produced by the applicants states that the private road Lecce "is the common property of the individual facing each the length of their borders and considered way in common between the riparian."
12 For the above considerations, which take up any cause for complaint, the actions must be accepted within the limits specified above, and void formed on the qualification dia 10/12/2006 (Case No 8371/2006) and acts issued by the stop-shop building. Can be recognized, however, reason enough to have the full compensation between the parties of the costs.

PQM

The Regional Administrative Court of Lombardy, meeting the actions in the epigraph, welcomes them, and the effect cancels qualifying title giving formed on the September 4, 2007 opinion and the memorandum of January 8, 2008 ATM single building.
offset expenses. Sort
the above to be performed by the administration.
Decided in Milan, in chambers on December 18, 2008, with the intervention of the judiciary:
Mario Arosio President Carmine
Spadavecchia adviser, drafter
Fabrizio D'Alessandri referendum
The author President