L'ordinanza di demolizione tra ripristino della legalità, legittimo affidamento e tutela dei terzi

The supreme Italian administrative judge has to decide whether an order of demolition pronounced many years later the construction of an unauthorized building is legitimate although the current owner was not the builder but has inherited the real estate. Thus the judge has to compare two interests: the public interest to the stability in the circulation of real estates and the public interest to put under strict legal surveillance the building of real estates. Each possible solution (demolition vs fine) implicates substantial effects on the citizens involved