Antonella Sau

The relationship between urban planning function and landscape protection beyond the "myth" of primacy. Some considerations about the sentence of the Council of State no. 2371 of March 31, 2022



The analysis of sentence of the Council of State no. 2371 of March 31, 2022, allows us to reflect on some consolidated affirmations in the administrative jurisprudence regarding the primacy and absoluteness of the landscape value and its unavailability to any form of balance between different public interests. Thesis that contrasts with the recent jurisprudence of the Italian Constitutional Court that excludes the existence of so-called “tyrannical interestsµ and a hierarchy between constitutional values that must always be balanced each other according the constitutional principles of reasonableness and proportionality.


  • Notion of Landscape
  • Landscape Protection
  • Urban Planning and Territorial Governance
  • Balance between the public interests


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