The case, explained
Landscape Protection in South Tyrol: The Constitutional Court to Decide
5 min read · Updated July 2026 · Editorial oversight: Avv. Federico Papa
The management of "landscape ensembles" in South Tyrol is back at the center of a tight constitutional dispute. Recent developments mark a turning point in the delicate balance between local urban planning powers and national environmental protection, bringing Provincial Law no. 9/2018 under the scrutiny of the Constitutional Court. According to press reports, the issue concerns the decision-making power of municipalities over assets of historical and aesthetic value, raising doubts about the legitimacy of procedures that exclude state and provincial control. The article reconstructs the regulatory and jurisprudential background, concluding with a didactic twin case to illustrate the operational risks of urban planning lacking supra-municipal coordination.
In brief
The Regional Administrative Court of Bolzano has raised a question of constitutional legitimacy regarding Article 48 of Provincial Law no. 9/2018. At the center of the case is the authority of municipalities to approve urban planning variances for landscape ensembles without binding opinions from superior authorities. The potential conflict between the Special Statute and Art. 117 of the Constitution jeopardizes the validity of numerous local administrative acts. The article analyzes the applicable regulations, the Constitutional Court's jurisprudence, and practical takeaways for legal practitioners.
The facts
According to reports by outlets such as Italia Oggi, Alto Adige, and Salto.bz, the case stems from the referral order issued by the Regional Administrative Court (TRGA) of Bolzano.
The court suspended the administrative proceedings to submit Article 48, paragraph 3, of Provincial Law no. 9/2018 to the Constitutional Court. The regulation allows Municipal Councils to modify landscape ensembles (nuclei of historical-cultural value) through variances to the municipal plan, without requiring a binding opinion from the Provincial Government or state involvement.
The procedural stage is currently that of a preliminary constitutional referral, which suspends the effectiveness of connected administrative proceedings pending the final decision of the Constitutional Court.
The regulations at play
The central provisions include Art. 48 of Bolzano Provincial Law no. 9/2018, which delegates the regulation of landscape ensembles to Municipalities. This rule must be weighed against Art. 8, no. 6 of the Special Statute (Presidential Decree no. 670/1972), which grants the Province primary jurisdiction over landscape protection.
At the national level, Art. 117, paragraph 2, letter s) of the Constitution reserves exclusive environmental protection to the State. Furthermore, the Cultural Heritage and Landscape Code (Legislative Decree no. 42/2004) mandates co-planning between the State and local authorities to ensure uniform minimum standards of protection throughout the national territory.
What case law says
Constitutional and higher court jurisprudence has clarified that landscape protection constitutes a primary constitutional value. Established principles dictate that, although Autonomous Provinces enjoy broad legislative powers, they cannot lower the protection levels mandated by state law.
In previous decisions, the Constitutional Court has struck down provisions attempting to simplify approval procedures in protected areas. Administrative case law has also reiterated that evaluating landscape ensembles requires a qualified technical appraisal, which cannot be replaced solely by the political choices of municipal councils.
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What it teaches professionals
First, legal practitioners should never rely solely on local regulations without verifying compliance with the State's overarching principles. Second, when encountering municipal variances lacking superior technical opinions, challenging the lack of jurisdiction promptly is essential to prompt constitutional review.
Third, when representing private parties like Gaio Sventura, it is prudent to advise obtaining voluntary technical opinions from heritage authorities to strengthen the administrative measure against third-party challenges.
References: Articolo 117 Costituzione ItalianaArticolo 8 Statuto Speciale Trentino-Alto Adige (D.P.R. 670/1972)Legge Provinciale Bolzano 10 luglio 2018, n. 9D.Lgs. 22 gennaio 2004, n. 42 (Codice dei Beni Culturali e del Paesaggio)
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Frequently asked questions
What happens to building permits already issued if the law is declared unconstitutional?
Generally, a declaration of unconstitutionality operates retroactively on pending legal relationships (those not settled by final judgments or statutory limitation), leading to the derivative invalidity of building permits issued under the invalidated law.
What is the difference between urban planning and landscape protection in terms of jurisdiction?
Urban planning concerns spatial development and land use (often under regional or provincial jurisdiction), whereas landscape protection aims to preserve environmental and cultural assets, an area where the State retains exclusive jurisdiction to guarantee minimum uniform protection.
Can a citizen apply directly to the Constitutional Court?
No, under Italian law, constitutional review is conducted incidentally: a citizen must bring a case before an ordinary or administrative court (such as the TRGA), which will refer the question to the Constitutional Court if it deems the issue relevant and not manifestly unfounded.
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