Environmental Protection and the Right to Property
Council of State 689-90/2019 (Plenary Session)
Assistant Judge, Council of State
Art. 22 L. 1650/1986, a framework law for the environment, instituted compensation for owners whose right to property is unduly restricted by protective rules and measures. To this day the presidential decree which would regulate the details has not been promulgated. In balancing the need for environmental protection and the principle of equality in burden sharing, two different sections of the Court, the First and the Fifth, issued contradicting decisions. Council of State 4283/2013 (First Section) ruled that those affected by such measures can seek redress by addressing the administrative courts. Council of State 1833/2017 (Fifth Section) found that it is required to first petition the Administration, and only if and when the Administration rejects the request, should those affected be able to address the courts. The Plenary Session of the Court resolved the conflict adopting the interpretation given by the First Section.
