Abusi edilizi e doppio binario sanzionatorio

In this essay, after analytically reconstructing the evolution of the powers of repression of illegal buildings up to the current double-track (criminal and administrative) sanctioning system, the Authors highlight its most problematic aspects in the light of an honest reconnaissance of criminal and administrative courts’ rulings. In particular, the self-assigned power of the criminal judge to order the demolition of illegal buildings even if formally authorised is subject to criticism, especially in relation to some open problems that have not yet been sufficiently highlighted in the legal literature. Although aware of the difficulty of achieving a satisfactory balance between all the interests at stake, the Authors warn of the risk that the need to ensure effective protection of urban planning may compromise values that are just as fundamental, such as the principle of legality, the separation of powers and the legal certainty.