Giudice amministrativo e procedimento di scissione del comune capoluogo di città metropolitana: il ruolo del principio democratico e dei diritti politici

Abstract

The work tackles the complex topic concerning the proper procedure for the division of the City capital of the Metropolitan City.

The difficulty of the solution to the problem has been proved by the diversity of the analysis and conclusions reached by Administrative Courts when they had to face the division of the Municipality of Venice, current provincial capital of the Metropolitan City, into two autonomous Municipalities of Venice and Mestre. 

Therefore, two opposite theoretical reconstructions confront each other. 

The first which is in favour of the applicability of the procedure introduced by Law n. 56/2014 for the division of the territory of the provincial capital, since this Law is the reference of the discipline of Metropolitan Cities. 

The second considered applicable the procedure provided by art. 133 of the Constitution.

It is therefore evident the important consequences because the diversity of the procedures is reflected on the mechanisms for the political participation, the representation of the territory in the Metropolitan Cities, the relationship between the sources of law, considering the necessity to correctly understand the spaces for the intervention of State law e regional law.

The article, by this way, examines such important aspects, considering the arguments adopted by the Administrative Courts to highlight the most critical points. With this purpose, it focuses on the role of the “democratic principle” and of the political rights, that the Administrative Court followed to conclude with different solutions and to develop more general arguments on the complex placement of the Metropolitan Cities in the legal system, according to the rules introduced by the Law n. 56/2014.