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Cultural constraint of intended use: the judicial review about public administration evaluations and the risk of the "paradox effect"
Abstract
Starting from the analysis of the Adunanza Plenaria nr. 5/2023 of the Italian State Council, the article focuses on the nature of discretionary power of public administration on the protection of cultural heritage and the "paradoxical effects" of the use of cultural constraint of intended use.
Keywords
- Cultural Constraint of Intended Use
- Judicial Review
- Administrative Discretion
