Abstract

The process of administrative simplification that in the last years increasingly involves the activity of the Public Administration stands in stark contrast to the fundamental values of the system of landscape administration. After highlighting the factors interfering with the application of simplification rules in the sector of landscape preservation, the author of the essay points out that the recent rules of simplification, both in the authorization procedure under the art. 146 of the Code of Cultural Heritage and the Landscape both in the Conference of services according to the law n. 241/90 and subsequent amendments, complicates the effective action of landscape preservation. The author proposes a profound change in simplification policies in the sector of landscape preservation pointing out that it will be necessary to issue legislative rules aiming at a reasonable simplification, a sustainable simplification with regard to the primary need of landscape preservation. The author also suggests that the Conference of services, now used only in accordance with the guarantee of a result in certain times, is restored to its original function as a tool of dialectical balance of interests and that the rationalization of the rules is accompanied by a more effective structural setting of the offices of the Administration of Cultural Heritage and Landscape because the actual degree of landscape protection, which any form of simplification must consider, depends on the adequacy of the administrative structures which are responsible for it.