Il recupero del patrimonio edilizio dismesso tra legislazione regionale e funzione pianificatoria comunale.

[Autom. eng. transl.] With sentence no. 202 of 2021, the Constitutional Court declared the constitutional illegitimacy of art. 40-bis of the L.R. Lombardy no. 12 of 2005 as the regional regulations generated a significant increase in settlement pressure and altered the municipal planning function as a fundamental function of the Municipalities without ensuring any collaborative connection. To resolve the conflict resulting from the overlap of the different powers, the Court resorts to a proportionality scrutiny in the context of vertical subsidiarity. Hence a first reason for interest in the ruling, which on this occasion provides some useful clarifications to ensure protection of the principle of vertical subsidiarity by using proportionality and collaborative connection as parameters to identify the balance that must exist between "the exercise of and safeguarding the autonomy of the Municipalities ". A second reason of interest concerns the implications deriving from the judgment of the Court on the provisions of the L.R. n. 11 of 2021 which have not been affected by the ruling of unconstitutionality and which are currently applicable. In light of the principles stated in the ruling, one wonders whether and to what extent the regional discipline introduced in 2021 could alter the exercise of the municipal planning function and prove to be detrimental to the constitutional autonomy of the Municipalities.