Council of State clears former Hotel Doimo for use as minor shelter

The Italian Council of State has overturned a previous ruling by the Friuli Venezia Giulia TAR, annulling the denials issued by the Municipality of Aviano and the Magnifica Comunità di Montagna Dolomiti Friulane, Cavallo e Cansiglio regarding the use of the former Hotel Doimo.

The dispute originated from the local administration's refusal to authorize the building as a reception facility for unaccompanied minors. The denial was based on alleged deficiencies, including accessibility issues, the lack of an exclusive disabled restroom on the ground floor, and concerns regarding electrical systems and emergency plans.

In its ruling, the Council of State clarified that while accessibility standards apply to all structures, the law only requires that a restroom be accessible, not exclusively reserved for community guests. Furthermore, the judges categorized the technical documentation issues as mere formal irregularities. The court noted that instead of blocking the process, the Municipality should have applied the principle of 'soccorso istruttorio' to allow the cooperative time to provide the necessary paperwork. The responsibility for re-examining the file now returns to the local administration.