Confisca urbanistica e prescrizione del reato tra giurisprudenza nazionale e giurisprudenza della Corte EDU

Abstract

The article aims to shed light on the controversial issue related to the applicability of confiscation of land in the event of unlawful site development under Law no. 44 of 380/2001, despite the dismissal of the related criminal trial due to a statute of limitations. The article analyzes the main judgments related to the confiscation of land and the occurrence of a statute of limitations in the related criminal trial, with particular reference to the case of Sud Fondi Srl and Others v. Italy, the case of Varvara v. Italy, the judgment of the Italian Constitutional Court no. 49/2015, the judgment of the Grand Chamber of the European Court of Human Rights G.I.E.M. S.r.l. and Others v. Italy and the recent decision of the Italian Supreme Court no. 13539/2020.