The Constitutional Court , with ruling number 100, filed today, examined numerous questions of constitutional legitimacy, raised by appeals by the State against various provisions of Sardinia Region Law number 18 of 2025 : the constitutional illegitimacy of the regional provision that allows the construction of works in areas subject to hydrogeological constraints in the absence of the required authorization or in breach of it was thus declared.

The Court held that prior authorization for such interventions constitutes an essential element of the property conformation regulation outlined by the state legislation on hydrogeological constraints, which constitutes a generalized soil protection measure.

Furthermore, the regional provision that provides for the non-applicability of the pecuniary sanction established by Article 167 of the Landscape and Cultural Heritage Code, if the landscape compatibility of public works carried out without or in breach of the relevant authorization is ascertained, was declared unconstitutional.

However, the issues relating to the provision that excluded the applicability of the same sanction in the case of determining the landscape compatibility of works carried out without authorization before the relevant restriction was applied were deemed unfounded.

The questions regarding the provision requiring coastal waters immediately adjacent to the shoreline to be considered in urban planning were also declared unfounded. The Court held that the regional legislature did not attribute a portion of the territorial sea to the territory of coastal municipalities, but rather exercised its specific statutory legislative competence in building and urban planning matters, which coexists with the State's power over the territorial sea. It also held, based on a constitutionally oriented interpretation, that the same provision prevents the regional legislature from derogating from maritime spatial management plans and port master plans.

Finally, the questions relating to the provision which authentically interpreted a regulation implementing the Regional Landscape Plan, regarding regional wetlands, and those relating to the provision which regulated the procedure for the landscape authorization of detailed urban planning plans without providing for the participation of ministerial bodies were declared unfounded, since all the powers were now attributed to the Region.

functions in this matter. The remaining questions raised were declared inadmissible.

(Unioneonline)

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