Il Regime pluriarticolato e disorganico delle sanzioni in materia di abusi edilizi

Abstract

The punishment regime in the building law appears articulated and manifold, providing measures which make unaivailable the assets and monetary measures, imposed, moreover, by many Authorithies, both administrative and judiciary ones. At the same time, the interpretation of these 160 particular provisions is influenced by a complex system of primary-level sources, both national and regional ones, the exercise of whom not always has been revealed (still not) coordinated or manageable. This is the main reason why also many judiciary interventions (on the part of both the Constitutional Court and Superior Magistratures) have been occurred aiming to, in many circumstances, integrate inaccurate provisions. In the present publication, beyond the exam of the regulatory framework (d.p.r. n. 380/2001) and the main case law, it has been analysed the relationship between the typical regulations and those providing procedural and provisional guarantees, at european level too (as provided by the European Convention of Human Rights). At the same time some of the multiple issues which mark out the punishment regime in the expertise of the construction law have been pointed out, drawing the following conclusions: the concurrence of the administrative and the penal profiles, the plurality of the punishing Authorities and of the issuing measures, even though aimed to achieve the same goal, amount to a disarticulated and excessively punitive system which, on the one hand still respects the procedural guarantees, on the other hand, entails undeniable infringements of the statute of the citizen’s rights. In addition above all at european level, the measures provided risk to be limited or restricted (as already occurred in the same way as many sentences of the European Court of Justice analysed in the present publication)