Abusi edilizi e diritti fondamentali: una lettura convenzionalmente orientata della funzione di ripristino

In the judgment under review, the issue of demolition of building abuses crosses the delicate question of the protection of the fundamental right to housing, recognized by Article 8 of the EDU Convention. The Strasbourg judges emphasize the role of the participation of the private party, recipient of the measure, in the administrative procedure prior to the adoption of the demolition order, with the aim of balance the right to housing and the general interest in orderly land-use planning. This approach leads to the view that Article 31 of d.p.r. n. 380 of june 6, 2001 should be reinterpreted in accordance with the EDU Convention. This reinterpretation of Article 31 of d.p.r. n. 380 of june 6, 2001 overcomes the idea, common in jurisprudence and administrative practice, that the demolition order constitutes a binding measure, especially when the fundamental right to housing is at stake. The EDU Court’s ruling becomes an opportunity to think over the binding nature of the administrative power of restoration and the reasons for the lack of effectiveness of administrative action in this area