What Rights Do You Grant Me, What Rights Do You Deny Me?

Reflection on the Question of Challenging Unfavourable Preliminary Information

Abstract

I – The statement issued by a Municipal Council, in the context of preliminary information, regarding the possibility of carrying out a certain project subject to municipal licensing, has merely informative content.

II – However, although such a statement – whether favorable or unfavorable – does not constitute the final act, the act that defines the legal situation of the Applicant concerning that license, and is only a mere anticipation of the Administration’s likely final decision, it may still give rise to rights.

III – Indeed, if the information is favorable, even though it cannot immediately create in the Applicant’s legal sphere the right to construct, it does grant the right to demand the approval of the licensing request if it remains within the limits of the information provided. Concurrently, it creates in the legal sphere of the Council the obligation to approve the future licensing request, provided that, as stated, it does not exceed the content of that information.

IV – Conversely, an unfavorable statement regarding the Applicant’s request does not create any rights in their legal sphere.

V – Therefore, given that such an unfavorable statement, on the one hand, does not constitute the Administration’s final word and, on the other hand, has no injurious effect, it is not subject to appeal.