Limiti all’esercizio del potere di autotutela sul consenso prestato in sede di conferenza di servizi

In face of a request submitted by a Public Authority who partecipated to the conference and who intends to withdraw too late the consent that it previously gave, the competent Authority has the obligation to take all appropriated measure to eliminate the reason of European Community irregularity of a measure, that was adopted in the absence of EIA. However, when the act is illegitimate because in conflict with a rule of law, the review obligation flows from the principle of loyal cooperation ex article 97 of Constitution.