La procedura di V.I.A.: alla ricerca della qualificazione delle prerogative partecipative

The paper aims to analyze the issue on the legal qualification of participatory powers in the environmental impact assessment procedures (E.I.A.). The regulatory and jurisprudential analysis (of the Union and internal) reveals a particular autonomy of the procedural interests of the involved individuals. Furthermore, the legal title access to legal protection given by the environmental protection law seems to prevail over the other conditions of the legal suit (i.e. interest in bringing proceedings and s.c. legitimatio ad causam). These peculiarities, in the context of the reflections on the procedural dimension of public decision and on democratic participation as a way of exercising popular sovereignty, are investigated to understand whether in the E.I.A. proceeding, the private participation can be configured as an exercise of public power, by comparing the participation faculties of private individuals with those of the administrations that issue opinions or are holders of intervention powers, and the related motivation charges. Moreover, the theoretical consequences are highlighted with regard to formal and procedural flaws and posthumous motivation