Francesca Tesi

Legitimation and interest in recourse facing vicinitas, between proprietary protection and interest in the «quality of the housing settlement»

  • Abstract

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Keywords: administrative law, urban planning and construction, judicial protection, legitimation and interest in recourse, vicinitas

The essay investigates the jurisprudential emergence and evolution of the concept of vicinitas in urban planning and construction as a criterion for the integration of both conditions of the action, legitimation and interest in recourse, of the «third» who has suffered an adverse consequence from a building title extending others legal sphere. The enduring contrast on the subject has found a possible synthesis in the recent pronouncement of the Plenary Assembly, which identifies the «good of life» of the «quality of housing settlement» as the object of an autonomous substantive legal situation of the «third», that goes beyond mere proprietary protection and is connoted in «personal» terms (art. 2 Cost.) remaining within the subjectivity of protection

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