This paper provides an overview of the coordination system in land-use planning as interpreted by the Constitutional Court. Starting from planning functions and the relationships between planning bodies, we will first focus on the relationship between municipal urban plans and plans defined as “supra-municipal,” in particular those of intermediate bodies (provinces and metropolitan cities), attempting to analyse the substantial scope of the instruments linking them. Secondly, the yardstick becomes the regional and then the state level, where the conflict between public interests becomes rather heated, as in the emblematic case of the landscape, with particular attention to sectors that in the current context often prevail through derogation systems. Finally, the instruments provided for by the legal system for the coordination of plans are analysed, although the ultimate goal of the plans no longer seems to be the best possible result, as an expression of “buon andamento” but rather a result “whatever it takes” achieved quickly and through discretion compressed by a renewed hierarchy of public interests linked to competition, as in the case of energy.
Zanelli, D. (2026). Le strette vie del coordinamento nella pianificazione territoriale al vaglio della Corte costituzionale, 2(2), 193-220.
Le strette vie del coordinamento nella pianificazione territoriale al vaglio della Corte costituzionale
Dario Zanelli
2026
Abstract
This paper provides an overview of the coordination system in land-use planning as interpreted by the Constitutional Court. Starting from planning functions and the relationships between planning bodies, we will first focus on the relationship between municipal urban plans and plans defined as “supra-municipal,” in particular those of intermediate bodies (provinces and metropolitan cities), attempting to analyse the substantial scope of the instruments linking them. Secondly, the yardstick becomes the regional and then the state level, where the conflict between public interests becomes rather heated, as in the emblematic case of the landscape, with particular attention to sectors that in the current context often prevail through derogation systems. Finally, the instruments provided for by the legal system for the coordination of plans are analysed, although the ultimate goal of the plans no longer seems to be the best possible result, as an expression of “buon andamento” but rather a result “whatever it takes” achieved quickly and through discretion compressed by a renewed hierarchy of public interests linked to competition, as in the case of energy.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



