LA PEREQUAZIONE URBANISTICA: INQUADRAMENTO E PROBLEMATICHE GIURIDICHE

This work is due to the need to focus, from a legal point of view, the institution of “urbanistic equalization”. Equalizing modalities take place, within some Municipalities, in order to overcome the intrinsic discrimination, typical of planning processes. To enforce this kind of technique, as a matter of fact, means to overtake, respect to the owners, an undifferentiated condition with regard to the characterizing effects deriving from discretional choices of territorial functional zoning. The thesis, then, examines the matter of urbanistic equalization, starting from a complete investigation of the sources and origins, with the intent to specify institutions and remarkable legal problems, with regard to a new relationship between public administration and private ownership. The Law n. 1150/1942 (Art.7), provides that town planning is based on a master-plan. This implies a land-zoning in which each “zone” is characterized by a specific function. The result is the creation of inequalities between the owners of properties benefited by building rights and those owners whose properties are subjected to expropriation. This happens because all the involved owners are equally subjected to support the duties connected to the construction of public works and services but it’s unavoidable that these works grant privileges to subjective situations. Several attempts to change the town-planning laws were undertaken, in the past, but they all failed. For instance the so-called “Progetto Sullo”, the Law n. 765 (year 1997) or the Law n. 10 (year 1977). Step by step, a different outlook grew up; thanks to the Constitution principles and to an ever more pointed out demand (even from the E.U.), the need to remark the ethical value of equity has been noticed. This requirement, within the urbanistic laws, is pursued to protect the citizens’ private property from the power granted to the public authorities. In comparison with the Legislative gap, the first effords to overtake a change developed straight on the territory, in those Municipalities where concrete attempts of equalization techniques’ application are pursued. Regional provisions occurred, later, but they have to do with rules which don’t work out a specific regulation; they mostly are just principles statements. As a consequence, into practice, different patterns have been carried out, connected to the needs of the land where they have been applied. Some general indications came out in the variegated outline. It’s necessary to make some principles clear. The “equalization” may be: -“of values”, if obtained through strictly financial operations, like fiscal reductions to indemnify the owner for the lost building suitability on his property; -“of volumes”, if building suitability, which may be accomplished only on a different land respect the one where it was originally settled, is assigned (within predetermined areas); -“a priori”, if building rights are not negotiable, since they are recognized to the land as an implicit potential, apart from the planner’s choices, but concerning the condition “in fact and in law” in which the area is standing. - “a posteriori”, if all the foreseen building rights are distributed between the lands involved by the plans - independently of the future lands’ function - so that their negotiation with the public authority is allowed; -“generalized or partial”, according to its being extended either to all the conversion areas or to some circumscribed areas. In both cases, the mechanism provides for the public authority to allot to each area the same building suitability, after having classified the lands according to the “in fact and in law” conditions; later, the public authority establishes the “landing areas” (where building activity will really be possible) and the “take-off areas” (where public services and works will rise). In case some subjects wanted to build, they’ll have to buy the “volume” from the take-off areas’ owners. -“by compartment”, based on the determination of specific zones in which the same building suitability is recognized to the owners, apart from the future function of the single areas; the subjects will be able to deal the building rights but just between areas localized in the same compartment. -“by expanded compartment”, if the building rights can be dealed even between owners of lands localized out of the compartment; -“compensative”, if private owners transfer certain areas to the public authority, directly realizing works of public interest. Troubles came out whereas some Municipalities tried to use the term “equalization” to mask expropriation processes without compensation. Nevertheless, the Administrative Jurisprudence intervened. The main difficulty remains connected to the purpose that the foreseen mechanisms are realized. The risk is to leave the so-called “public town” un-realized, with the following costs for the whole community. Just recently (Law 244/2007 - art. 1 comma 258/259, Law 133/2008 and, even more significant, the s.c. “Development Decree” n. 70 of 2011) the urbanistic equalization is expressly mentioned. Nevertheless, also in these cases, the legislator lost the opportunity to make this matter clear. The reasons which justify the application of equalization mechanisms are: - equality between the subjects interested in the planning; - a different idea of public administration, devoted to a greater involvement of private owners, even in the land matters; - the shortage of financial resources for the municipalities; - the need to justify and indemnify the expropriation bounds. Authoritative acts are always possibile but they have to be considered as extreme drastic measures. Having made these preliminary statements clear, we faced the main theme concerning the legal institutes which the different equalization mechanisms can be referred to. To carry this out, we need to consider that “equalization” implies a split between theoretical building rights and jus aedificandi. This way, it’s believed that a specific deal is generated, where the authority is called to establish the rules and watch over the correct course, through holding proper auctions. The Decree n. 70 of 2011 provides that are subjected to registration (according to civil code art.2642) even the contracts which transfer, settle or modify the building rights however denominated. The importance of this rule is represented by the protection of the “assurance” requirement within the rights circulation but not clearing up their nature. The formulation, then, should identify the equalization mechanism as an agreement between the public administration and the private owners, provided by the Law n. 241 of 1990, art. 11. If the subjects, whatever pattern of equalization is chosen, perceive the adherence as “economically convenient”, even the doubts connected to the possible violation of the s.c. “minimum content of the stated right of ownership” (Constitution, Art. 42) would be overcome. The equalization presents criticality which, still, can be limited by the pre-eminent role that the public administration must have, within the management of the building rights. Everything, anyway, starts from the concept of “urbanistic equalization” as a public-private agreement. With the present work, we tried to point out the problems connected to the urbanistic equalization choices as well as the attempts that have been made to resolve them

Expanding the clinical and genetic heterogeneity of SPAX5

Mutations in the ATPase family 3-like gene (AFG3L2) have been linked to autosomal-dominant spinocerebellar ataxia type 28 and autosomal recessive spastic ataxia-neuropathy syndrome. Here, we describe the case of a child carrying bi-allelic mutations in AFG3L2 and presenting with ictal paroxysmal episodes associated with neuroimaging suggestive of basal ganglia involvement. Studies in skin fibroblasts showed a significant reduction of AFG3L2 expression. The relatively mild clinical presentation and the benign course, in spite of severe neuroimaging features, distinguish this case from data reported in the literature, and therefore expand the spectrum of neurological and neuroradiological features associated with AFG3L2 mutations

MELAS Syndrome with Cardiac Involvement: A Multimodality Imaging Approach

A 49-year-old man presented with chest pain, dyspnea, and lactic acidosis. Left ventricular hypertrophy and myocardial fibrosis were detected. The sequencing of mitochondrial genome (mtDNA) revealed the presence of A to G mtDNA point mutation at position 3243 (m.3243A>G) in tRNA(Leu(UUR)) gene. Diagnosis of cardiac involvement in a patient with Mitochondrial Encephalomyopathy, Lactic Acidosis, and Stroke-like episodes syndrome (MELAS) was made. Due to increased risk of sudden cardiac death, cardioverter defibrillator was implanted

A Multisystem Mitochondrial Disease Caused by a Novel MT-TL1 mtDNA Variant: A Case Report

Background: Mitochondrial tRNA (MTT) genes are hotspot for mitochondrial DNA mutation and are responsible of half mitochondrial disease. MTT mutations are associated with a broad spectrum of phenotype often with complex multisystem involvement and complex genotype-phenotype correlations. MT-TL1 mutations, among which the m.3243A>G mutation is the most frequent, are associated with myopathy, maternal inherited diabetes and deafness, MELAS, cardiomyopathy, and focal segmental glomerulosclerosis.Case study: Here we report the case of an Italian 49-years old female presenting with encephalomyopathy, chronic proteinuric kidney disease and a new heteroplasmic m.3274 3275delAC MT-TL1 gene mutation.Conclusions: Our case demonstrates a systemic mitochondrial disease caused by the heteroplasmic m.3274 3275delAC MT-TL1 gene mutation, not yet described in the literature. A mitochondrial disease should be suspected in case of complex multisystem phenotypes, including steroid-resistant nephrotic syndrome with multisystemic involvement

La dimensione regionale nelle politiche dell'Unione Europea per la Societ\ue0\ua0 dell'Informazione

paper presentato al Panel Sistemi Locali e Spazio Europeo\u9d, Convegno SISP 200

Looking at European Policies for the Information Society: Communication about Governance and the Governance of Communication

paper presentato alla Conferenza IAMCR/AIECS/AIERI \ue2\u20ac\u201c Barcellona, 21-26 Lugli

Communication and (e)democracy: assessing European e-democracy discourses

This chapter aims to articulate the conceptual nexus between communication and democracy, through a reflection on \u2018e-democracy\u2019 discourses. We address the connection between the \u2018e-\u2019 dimension and democracy as: [a] political concept, concerning the collectively binding decisions about the rules and policies of a group, association or society. Such decision- making can be said to be democratic to the extent that it is subject to the controlling influence of all members of the collectivity considered as equals (IDEA, 2002: 13). Recent initiatives for the analysis and assessment of democratic systems, alongside efforts to clarify the articulation between e-government, e-governance, and e-democracy, offer theoretical and empirical insights towards the development of frameworks for the assessment of electronic democracy as well. From a theoretical perspective, those initiatives build on developments in democratic theory that stress a substantial vision of democratic processes; while at the empirical level they contribute in identifying criteria and indicators for the evaluation of practices, which can be relevant for both offline and online modes. We, therefore, start by positioning societal transformations in relation to democratic practices and reviewing some of these reflections in order to identify the basic elements for a (re)conceptualization of democracy in the information age. We then proceed by investigating if and how these core elements play a meaningful role in contemporary discourses on e-democracy, through a lexical- content analysis of documents, which represent different perspectives from which the e-democracy discourse is being developed. Finally, since e-democracy is generally understood as a way to strengthen and revive democracy through the application and use of tools that enhance information flows and communication processes in society, and given the close relation between democracy and the exercise of human rights, particularly communication rights, this analysis of e-democracy discourses will identify some open issues that pertain to the potentialities and challenges of information and communication technologies\u2019 (ICTs) applications in the promotion, protection, and realization of communication rights in Europe