The two state offices would have disapplied the regional law despite this, challenged by the Draghi government, is still under trial and therefore not yet, possibly, declared illegitimate.
CAGLIARI. The Region has challenged the provisions of the Superintendency of Cagliari and Sassari for conflict of attributions, due – explains a note from the regional administration – of the non-application of two regional laws that intervene in the field of building and urban planning. This is the law 1/2021 (House plan) challenged in March by the Government because it is considered to be in contrast with the state legislation on landscape protection and the law 8/2015 (never considered illegitimate and therefore regularly applied to date). “Once again we find ourselves having to defend Sardinia before the State and to affirm the rights deriving from the special autonomy”, says the president of the Region Christian Solinas, reiterating the importance of two laws that combine environmental protection with interests of citizens and businesses. “We believe that Sardinia’s right to decide clearly and in the public interest on a matter of vital importance for the future of our island has been compromised, canceling that balance between the powers of the State which is a guarantee of freedom, democracy and good functioning of the Institutions “.
The reason that led to the challenge of the measures is based on the non-application by the Ministry, through the two Superintendencies, of a law not yet declared illegitimate since the Constitutional Court has not expressed itself on the appeal of the Draghi Government, and which therefore must be applied.
Basically, by denying the authorizations to citizens who legitimately have applied for construction and landscaping, the judgment of the Constitutional Court is anticipated – explains the Region – with an evident conflict of attribution of powers: the Superintendency, disapplying the regional law without this being been declared illegitimate, it replaces the judiciary.
With these appeals, the president concluded, “we reaffirm our sacrosanct rights recognized by the Statute and by the rules of implementation of the Statute, starting from the exclusive legislative power in the field of building and urban planning and in the field of landscape plans”. Pending the decision of the Constitutional Court on the merits, a precautionary petition for suspension of the measures was presented together with the appeal. (Handle).