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Girolamo Sciullo

Protection of the landscape and second thoughts of the legislator

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Abstract

In consideration of four recent cases examined by the Constitutional Court, the article discusses the constraints encountered by the legislature when it intends to diminish the protection previously guaranteed to the landscape. They consist fundamentally in compliance with the criteria of reasonableness and proportionality of the legislator’s choices, in an adequate consideration of the interest of the landscape and in the preservation of its essential core.

Keywords

  • Landscape protection
  • Reasonableness and proportionality of the legislator’
  • s choices

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