Andrea Deffenu

[Sardegna] Civic uses in Sardinia after the most recent sentences of the Constitutional Court: Open questions and possible solutions

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Abstract

The article analyses three recent decisions of the Constitutional Court concerning the regional regulation of civic uses in Sardinia, which have declared the unconstitutionality of some interventions of the Sardinian legislator aimed at addressing and trying to solve some of the main problems affecting the management of land subject to civic use. The restrictive jurisprudence of the Constitutional Court and the simultaneous need to find solutions in agreement with the State, lead to concerted solutions, in particular through the «implementing rules» provided by Article 54 of the Sardinian Statute.

Keywords

  • civic uses
  • landscape protection
  • special autonomy
  • administrative procedure
  • Sardinia

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