Martina Dell'Omarino

The seismic compatibility opinion in the Umbria Region law no. 5/2014: The case of the general master plan of Spoleto

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Abstract

Judgment no. 164/2023 of the Constitutional Court declared the constitutional illegitimacy of the article 22, paragraph 2, of the Umbria Region law no. 5/2014 for violation of the articles 117, paragraph 3, 3 and 97 of the Constitution. This paper analyzes the case of the master plan of Spoleto and reconstructs the events that led to the enactment of the Region law in comment and to the subsequent judgment of Constitutional Court that reiterates the nature of rule of principle regarding territorial governance with Article 89 of the Decree of the President of the Republic no. 380/2001.

Keywords

  • general master plan
  • Art. 89 law no. 380/2001
  • seismic compatibility opinion
  • Umbria Region law no. 5/2014
  • government of the territory

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