Flavio Guella

Confirmations on competences with respect to the «non- matter» landscape: The possibilities of regional intervention on the pro- files of «enhancement», in the discipline of the so-called trabucchi

  • Abstract

Informations and abstract

Keywords: regional competences, landscape, protection of the environ- ment, protection of cultural heritage, proportionality principle.

The note analyzes a judgment of the Constitutional Court relevant for the definition of the division of competences in the field of «landscape», a matter that finds an ambiguous constitutional collocation between interventions subject to exclusive State legislation on the «protection» of the environment, and cultural heritage, concurrent competence on their «enhancement», and explicit constitutional reference to the landscape in art. 9. The note analyzes the Abruzzo legislation on «trabucchi» and its historical evolution, recording an intensification of regional intervention – in terms of quality and quantity – which led to fears of reducing the space for state discipline. The question of constitutionality posed in this sense, as a question of functional definition of the matters, is however rejected by the Court. The Constitutional Judge indeed reiterates the need for a reserve to the State of a proportionate discipline for conservation purposes, in the face of which – however – still exist a space for the Regions to reasonably regulate anthropogenic activity on resources inside the territory that are useful for development purposes.

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