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"Necessity" unauthorized building: Campania rejected by the Council

The principle of so-called "illegal abuse" has been broken: the Constitutional Court rejects a 2017 regional law already contested by associations, entrepreneurs and the Democratic Party - But in the South, illegal construction remains half of the legal one

"Necessity" unauthorized building: Campania rejected by the Council

The most shrewd speak of 10 billion a year in turnover linked to illegal building. A consistent piece of eco-mafia that cannot be scratched, the effects of which fall on the territory, on the environment, on lawful activities. Little by little the State, the Municipalities, the professional orders, the Regions try to remedy it and it doesn't always go well for them. Campania, the last to want to decide and act independently, saw its 2017 law rejected by the Constitutional Court.

A law on unauthorized building which allowed the Municipalities not to carry out demolitions and to rent or sell (!) the building abusive to the same pirate builder. A "circular" law that was not good, detrimental to a plurality of interests and which the Court quashed above all under the criminal aspect. Campania has little or nothing to regulate. The turnover must be fought in all directions, and no Governor thinks of treating the matter as he sees fit. On the table, in addition to the protection of the landscape and the tourist and environmental effects, there are supplies, materials, services, labour, professional assignments. Things to be protected at a national level also for economic matches. There is no need for unauthorized use, the corrections to urban and territorial disasters must be sought in a national system.

Only the central state can and must legislate, say the judges. And perhaps the sentence is an opportunity to stimulate the Minister of the Environment Sergio Costa to put new measures on the table. Meanwhile, that regional law or similar ones should be set aside. The environmentalists had fought against the Campania law which had raised strong criticisms even within the Democratic Party, the party of Governor Vincenzo De Luca. He had insisted, despite his being among the most devastated regions of Italy. In a South where illegal building - writes Legambiente - exceeds 50% of the legal one. It is no coincidence that associations and voluntary organizations applaud because the main consequence of the pronouncement of Roman judges is the blocking of do-it-yourself laws. Like it or not, territorial amnesties that would have increased the 14 billion in total turnover of the illegal economy.

The Italian Report on Equitable and Sustainable Welfare (Bes) denounced "the subtraction of a growing share of urbanization processes from the control of legality". The rate of illegal constructions in two years was 20 illegal constructions for every 100 authorized compared to 17,6 in 2016. A system that takes root and damages the community, as manufacturers' organizations have also been denouncing for some time. Kidnapping and tearing down is becoming the strongest request that calls Parliament and the government into question. Because if it is the mayors who have to tear down the illegal buildings, little or nothing will change. Competence should pass to the central state, which in turn should find the means and money to intervene. A sentence is certainly not enough, albeit an important one.

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