Chiara Cudia

Participation in Territorial Planning Procedures

  • Abstract

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It is the intention of this writing to verify the ways of participation in territorial planning procedures delineated by Regional laws on the governance of the territory, considering the profile pertaining to the legitimisation of the intervention to be decisive. In particular, reference is made to two possible levels of participation: the first involves the private subject directly concerned in the administrative activity by virtue of entitlement to a differentiated and qualified interest, and is translated into a set of procedural rights leading to particular legitimisation; the second belongs to the citizen lacking a particular legitimisation with respect to the intervention and embraces a set of participatory claims qualifiable as 'civic rights,' granted to the citizen as such. Moreover, the profile pertaining to legitimisation is associated with the constitutional foundation of participation; in one case, the participation has an evident defensive function and can be traced to articles 97 and 24 of the Constitution; in the other case, the participation is linked not only and not so much to the principle of impartiality, as to the comprehensive role of the administration in a democratic system.

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