Fulvio Cortese, Sulla disciplina autorizzatoria per le stazioni radio base e sui poteri inibitori dell’ente locale, commento a Tar Lazio, Roma, sez. II-quater, 22 luglio 2010, n. 27906

1. Premessa.
2. Regime autorizzatorio e potere inibitorio: una giurisprudenza costante.
3. Regime autorizzatorio e disciplina regolamentare: uno spazio normativo discusso.

Correctly, the Administrative Tribunal has restrictively interpreted the administrative ability of Municipalities to inhibit the concrete implementation of projects concerning the development of radio-based communication systems. First, the administrative judge stated that the current legal framework provides for a tacit consent mechanism, as part of an authorization system that absorbs even the urban planning and building assessments.Therefore, Municipalities are not allowed to directly block the outcomes of an effective administrative act, yet silently formed: they may, if necessary, exercise their powers of withdrawal. Secondly, the Court makes it clear that Municipalities may provide, as a complement of their urban planning powers, for specific provisions and arrangements that the manufacturers of network infrastructures must follow. But this possibility has limitations too, since regulations adopted by Municipalities cannot affect the uniform ones laid down by the State, as a guarantee to public health.