In sentence n. 119/2023, the Constitutional Court reconstructs the content of the law on usi civici of 1927 and excludes that this law already contained the provision which was the subject of the constitutional judgement. Furthermore, the Court reconstructs the content of the law on commons (“domini collettivi”) of 2017 and declares unconstitutional the choice to combine in the term “collective assets”, in addition to collective public lands, also civic uses on private assets. According to the Constitutional Court, only with the 2017 law was the constraint of inalienability of private property land encumbered by civic uses (iura in re aliena) introduced, considered unconstitutional because it was “intrinsically irrational” as it unreasonably compressed private property.
SE IL VERBO "RESTA" NON SIGNIFICA "RESTA TUTTO COME PRIMA". UN'INCOSTITUZIONALITÀ DELLA LEGGE N. 168 DEL 2017 CON QUALCHE LUCE E QUALCHE OMBRA
fabrizio politi
2023-01-01
Abstract
In sentence n. 119/2023, the Constitutional Court reconstructs the content of the law on usi civici of 1927 and excludes that this law already contained the provision which was the subject of the constitutional judgement. Furthermore, the Court reconstructs the content of the law on commons (“domini collettivi”) of 2017 and declares unconstitutional the choice to combine in the term “collective assets”, in addition to collective public lands, also civic uses on private assets. According to the Constitutional Court, only with the 2017 law was the constraint of inalienability of private property land encumbered by civic uses (iura in re aliena) introduced, considered unconstitutional because it was “intrinsically irrational” as it unreasonably compressed private property.Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
