ORDER NO. 158
YEAR 2024
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE CONSTITUTIONAL COURT
composed of:
President: Augusto Antonio BARBERA
Judges: Giulio PROSPERETTI, Giovanni AMOROSO, Francesco VIGANÒ, Luca ANTONINI, Stefano PETITTI, Angelo BUSCEMA, Emanuela NAVARRETTA, Maria Rosaria SAN GIORGIO, Filippo PATRONI GRIFFI, Marco D’ALBERTI, Giovanni PITRUZZELLA, Antonella SCIARRONE ALIBRANDI,
has rendered the following
ORDER
in the proceedings concerning the constitutional legitimacy of Article 6, paragraph 1, letters a) and g), of the Law of the Puglia Region of August 12, 2022, No. 20, concerning "Regulations for the reuse and requalification of buildings and amendments to Regional Law [15] November 2007, No. 33 (Recovery of attics, porches, semi-basement rooms and existing interventions and unauthorized public areas)", brought before the Court by the President of the Council of Ministers by means of an appeal notified and filed with the Registry on October 18, 2022, registered under No. 80 in the register of appeals of 2022 and published in the Gazzetta Ufficiale della Repubblica No. 48, first special series, of the year 2022.
Having considered the appearance of the Puglia Region;
having heard the Judge Rapporteur, Emanuela Navarretta, at the chamber hearing of June 18, 2024;
having deliberated at the chamber hearing of June 18, 2024.
Considering that, by appeal filed on October 18, 2022 and registered under No. 80 of the register of appeals of 2022, the President of the Council of Ministers, represented and defended by the Attorney General of the State, raised, among others, questions of constitutional legitimacy of Article 6, paragraph 1, letters a) and g), of the Law of the Puglia Region of August 12, 2022, No. 20, concerning "Regulations for the reuse and requalification of buildings and amendments to Regional Law [15] November 2007, No. 33 (Recovery of attics, porches, semi-basement rooms and existing interventions and unauthorized public areas)";
that, in the opinion of the Attorney General of the State, Article 6, paragraph 1, letter a), would be in conflict with the fundamental principle in the matter of "land management", expressed by Article 9-bis of Presidential Decree of June 6, 2001, No. 380, concerning "Consolidated text of legislative and regulatory provisions on building matters (Text A)", since, to the extent that it allows the applicability of the provisions of Regional Law No. 20 of 2022 of Puglia to properties subject to regularization, "it should necessarily have specified the deadline by which the regularization title must have been issued";
that the failure to provide such an indication would entail a violation of the fundamental principle identified by the intervening provision, which would contain, "clearly, a precise regulation on the legitimate status of properties";
that, therefore, the regional provision would violate Article 117, third paragraph, of the Constitution, with reference to the subject matter of "land management";
that, as regards the challenged Article 6, paragraph 1, letter g), the provision would allow extension and demolition/reconstruction works with an increase in volume even in areas subject to constraints other than those referred to in Article 136, letters a) and b), of Legislative Decree January 22, 2004, No. 42 (Code of cultural and landscape heritage, pursuant to Article 10 of Law July 6, 2002, No. 137), thereby derogating from the Regional Landscape Plan (PPTR) of the Puglia Region which would have prohibited all interventions that in 2015 were classifiable as "new construction", including "demolitions/reconstructions with modification of building parameters and any increase in volume on properties falling within constrained areas";
that, therefore, the challenged Article 6, paragraph 1, letter g), would create a violation of the function of urban planning, consisting in the establishment of "rules based on the specific situation of the locations" and would entail a potential sacrifice of landscape protection needs, since, by derogating from the Plan drawn up in agreement with the State, it would unilaterally establish a "substantial "liberalization" of demolition/reconstruction works, even in areas subject to landscape constraints pursuant to the code of cultural and landscape heritage";
that, for this reason, Article 6, paragraph 1, letter g), would be in conflict with Article 117, third paragraph, of the Constitution, in relation to the fundamental principle in the matter of "land management" expressed by Article 7 of Law August 17, 1942 No. 1150 (Urban planning law), "according to which all municipal territory must be planned, dictating - on the basis of the knowledge of the state of the locations - the regulations of the various sections";
that the same provision would also violate the legislative competence of the State in the matter of "environmental protection, ecosystem and cultural heritage", referred to in Article 117, second paragraph, letter s), of the Constitution and, in particular, the principle of prevalence of the landscape plan and the principle of mandatory co-planning provided for by Articles 135, 143 and 145 of the cultural heritage code;
that, finally, in the opinion of the President of the Council of Ministers, the challenged provision would also violate Articles 3 and 9 of the Constitution, as well as the principle of loyal cooperation, "given the Region's choice to take unilateral action, outside the path of cooperation already successfully concluded with the State through the approval of the 2015 Landscape Plan";
that, by document filed on November 14, 2022, the Puglia Region appeared in court, raising objections to the inadmissibility and unfounded nature of the questions of constitutional legitimacy of Article 6, paragraph 1, letters a) and g), of Regional Law No. 20 of 2022 of Puglia;
that, by memorandum filed on May 27, 2024, close to the hearing set for June 18, 2024, the respondent reported on the adoption of Law of the Puglia Region December 19, 2023, No. 36, concerning "Regional regulations on building renovation works pursuant to Article 3, paragraph 1, letter d), of Presidential Decree June 6, 2001, No. 380 (Consolidated text of legislative and regulatory provisions on building matters) and other provisions", Article 8, paragraph 1, of which provided that "[c]hapter I [in which the challenged Article 6, paragraph 1, letters a) and g), and Articles 11 and 14 of Regional Law August 12, 2022, No. 20 [...] are included] are repealed";
that, following this latest legislative intervention, following a decision by the Council of Ministers of May 29, 2024, the President of the Council of Ministers, on June 5, 2024, filed a document withdrawing the entire appeal, "the interest" in pursuing it having ceased, due to the repeal of all the challenged provisions and it not appearing that in the meantime these "have been applied";
that, on June 12, 2024, following a decision by the Regional Government adopted on June 11, 2024, the Puglia Region filed a document accepting the aforementioned withdrawal of the appeal;
that, following the withdrawal by the appellant, the President of this Court, by decree of June 12, 2024, set the hearing of the appeal for the chamber hearing of June 18, 2024.
Considering that the President of the Council of Ministers has withdrawn the appeal indicated above, following a decision by the Council of Ministers;
that the withdrawal has been accepted by the Puglia Region;
that the withdrawal of the appeal, accepted by the constituted respondent, determines, pursuant to Article 25 of the Supplementary Rules for proceedings before the Constitutional Court, the extinction of the proceedings.
Having considered Article 26, second paragraph, of Law March 11, 1953, No. 87, and Articles 24, paragraph 1, and 25 of the Supplementary Rules for proceedings before the Constitutional Court.
For these reasons
THE CONSTITUTIONAL COURT
declares the proceedings extinct.
So decided in Rome, at the seat of the Constitutional Court, Palazzo della Consulta, on June 18, 2024.
Signed:
Augusto Antonio BARBERA, President
Emanuela NAVARRETTA, Rapporteur
Roberto MILANA, Registrar
Filed with the Registry on August 2, 2024