Sindacato sulla dichiarazione d’interesse culturale e collezioni artistiche

Decision No. 10140/2025 of the Council of State addresses the technical-discretionary nature of the power exercised by the Ministry of Culture in adopting a declaration of cultural interest concerning, simultaneously, certain collections and the building in which they are housed. The decision clarifies the lawfulness of this administrative choice, insofar as the building and the collections may be regarded as a unicum, expressing the same cultural interest. Furthermore, the administrative court excludes that the protective power provided for under Article 10(3) of Legislative Decree No. 42/2004 conflicts with Article 41 of the Constitution. In reconstructing the scope of judicial review over administrative protection measures, the Council of State focuses on both its breadth and its limits.