The Italian Constitutional Court ruled that Law no. 2/2020, a specific law (“legge- provvedimento”) approved by Toscana Region to emphasize the role of Mugello Circuit in regional context, does not violate the State-Regions division of legislative powers ex art. 117 Cost. This paper is made of two parts. In the first one, as the decision no. 3/2021 represents the first one of Italian Constitutional Court concerning Motorsport race tracks as source of environmental noise, this paper briefly examines the Italian public law discipline on noise pollution (Law no. 447/1995), underlining the special rules that are provided to motorsport races (D.P.R. 301/2001), confirmed at European level (Directive 2002/49). In the second part, as well as the same decision is the first one in which the so called “amici curiae” are admitted by the Court during proceedings activated by State and Regions (“giudizi in via principale”), the paper focuses on some effects that amendments to the supplementary rules (“Norme integrative”) can produce on such proceedings, traditionally charachterized by a very restricted access to the hearing of other parts. Then, a final question: can subjects that are addressed by a specific law be considered as qualified third parties in such proceedings?
Il suono degli autodromi, il riparto di competenze Stato-Regioni e una prospettiva processuale per il giudizio in via principale. Alcune osservazioni (molto) a margine di Corte cost., sent. n. 3 del 2021
Laneve
2021-01-01
Abstract
The Italian Constitutional Court ruled that Law no. 2/2020, a specific law (“legge- provvedimento”) approved by Toscana Region to emphasize the role of Mugello Circuit in regional context, does not violate the State-Regions division of legislative powers ex art. 117 Cost. This paper is made of two parts. In the first one, as the decision no. 3/2021 represents the first one of Italian Constitutional Court concerning Motorsport race tracks as source of environmental noise, this paper briefly examines the Italian public law discipline on noise pollution (Law no. 447/1995), underlining the special rules that are provided to motorsport races (D.P.R. 301/2001), confirmed at European level (Directive 2002/49). In the second part, as well as the same decision is the first one in which the so called “amici curiae” are admitted by the Court during proceedings activated by State and Regions (“giudizi in via principale”), the paper focuses on some effects that amendments to the supplementary rules (“Norme integrative”) can produce on such proceedings, traditionally charachterized by a very restricted access to the hearing of other parts. Then, a final question: can subjects that are addressed by a specific law be considered as qualified third parties in such proceedings?File | Dimensione | Formato | |
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