The Court and the cities: planning restrictions, land ownership and urban governance in the 1960s (ruling 55/1968)
Journal title ITALIA CONTEMPORANEA
Author/s Bruno Bonomo
Publishing Year 2025 Issue 2025/307
Language Italian Pages 34 P. 37-70 File size 348 KB
DOI 10.3280/IC2025-307003
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The Constitutional Court’s ruling no. 55 of 1968 on planning restrictions is a milestone in the urban history of contemporary Italy. Issued less than a year after the approval of the so-called “bridge law”, the ruling marked a serious setback in the already rocky road of urban planning reforms. This article traces the judicial story that led to the Court’s decision, starting with the mobilisation of landowners in Palermo to exempt their property from the constraints and limitations imposed by the master plan approved in 1962. After examining the constitutional judgement, the article reconstructs the lively public debate that the ruling provoked, and highlights the multiple issues underlying the Court’s decision. Moreover, it examines the political issue of the relationship between land ownership and the right to build, as well as the associated balance between the constitutional principles of the protection of private property and the social function it is required to perform.
Keywords: Constitutional Court, town planning, restrictions, land ownership, right to build
Bruno Bonomo, La Corte e le città: vincoli di piano regolatore, proprietà dei suoli e governo delle trasformazioni urbane negli anni Sessanta (sentenza 55/1968) in "ITALIA CONTEMPORANEA" 307/2025, pp 37-70, DOI: 10.3280/IC2025-307003