The progressive evolution of town-plan-ning as a form of ‘governing the territory’ and the consequent extension of its man-date to sectorial interests, such as the pro-tection of the environment and cultural heritage, has brought back the theme of the public law status of private proper-ty to the centre of juridical reflections. In particular, the article sets out to study the administrative regime of planning limitations of a conservational nature, in the light of a reconstruction of the constitutional status of private property which, rejecting the traditional paradigm focusing on the ‘right to build’, valorises the clause of the ‘social function’, in line with a rereading of the conformative power of private property as deployed by the latest administrative doctrine and jurisprudence. The thesis put forward, which scales down the reach of the uncertain notion of ‘substantial expropriation’, is lastly subjected to the scrutiny of the case law of the European Court of Human Rights with regard to the protection of property, with the aim of assessing its compatibility with the conventional discipline.
|Translated title of the contribution||[Autom. eng. transl.] The "urban planning" protection of the environment: constitutional statute and administrative regime of restricted property, in The law of the economy|
|Number of pages||46|
|Journal||IL DIRITTO DELL'ECONOMIA|
|Publication status||Published - 2016|
- Vincoli urbanistica ambiente espropriazione conformazione