On January 29th, the Ministry of Infrastructure and Transport (MIT) published the “Linee di indirizzo e criteri interpretativi” (Guidelines) to support technicians, operators, and public administrations in the application of the Salva Casa Decree.
In an article for Il Sole 24 Ore, Guido Alberto Inzaghi and Andrea Ceriani provide an analysis of the Guidelines, pointing out that even though they represent a useful interpretative reference, they do not have a binding nature. Indeed, as soft law, the Guidelines cannot:
- modify or supplement the meaning of the interpreted provisions;
- prevail over any different interpretations issued by administrative courts.
Furthermore, the first rulings on Salva Casa Decree, which partially differ from the provisions of the Guidelines, suggest the beginning of a lively legal debate on the application of the Decree.
In Il Sole 24 Ore, SI – Studio Inzaghi also explored some practical cases related to the application of the Salva Casa Decree.
SI – Studio Inzaghi is available for any clarifications.