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Green light to scissors i park boundaries, in fifteen days and with the silence-assent. It is the devil hidden in the details of the budget law Ligurian: or rather, in the only amendment to the provisions relating to the maneuver, entirely dedicated – even if the connection is difficult to reach – to review the regional legislation in protected areas. A set of forecasts already renamed by the environmental acronym “the new shipwreck parks“, With reference to the autonomous law (later rejected by the Query) with which in 2019 Governor Toti tried climb again the expansion of the four main parks in Liguria. Bankrupt company, but ready to be judged: in the folds of the text, in paragraph 6, the council has inserted two novelties to speed up the border change process. The first is that the local authorities affected by a proposal to modify the protected areas must express themselves on the merits. In two weeks, even if the state framework law does not provide any time limit. What if the opinion does not arrive? Take it for a yes: “Where there is no expression or communication of opinion, it is understood as acquired in a favorable sense“, Read the text.
To reveal the bombing a joint complaint by Angelo Bonelli (National Coordinator of the Greens) and Danilo Bruno (responsible for the parks of Europa Verde Liguria). “It is a rule that at least violates two fundamental laws of our legal system ”, explains Bonelli to ilfattoquotidiano.it. “One is the framework law on protected areas, valid for all Regions, which imposes the mandatory consultation of municipalities, provinces and mountain communities for the redefinition of borders. The other, the most important, is the administrative procedure law, 241 from 1990, which explicitly excludes silence-assent of opinions on environmental and landscape matters, confirmed by numerous sentences of the Constitutional Court. The one on the Ligurian board is a shameful initiative, a ploy to let go free hands and redesign protected areas quickly and easily. “What for?” We will see soon, because such a rush it’s not accidental. The suspicion is that it is the antechamber of initiatives for which they are not wanted broken boxes“, dice.
With the “aid parks”, Toti and the then Councilor for the Environment of the Northern League Stefano Mai they had stolen 540 hectares to the reserves of Aveto, Antola, Beigua and the Ligurian Alps, and revoked the classification of protected area in 42 territory in Savonese, for a total of 22 thousand hectares. Opposition, environmentalists and academics, worried about a new one, had aligned themselves against the measure loosening environmental constraints in an area already plagued by wild construction me hydrogeological instability. The law, challenged by the government for violation of state jurisdiction in environmental issue, was declared illegitimate by the Constitutional Court a July 2020: the reason is precisely there lack of consultation local authorities, imposed by that national framework law (394 of 1991) and the new Toti regulation I would like to move. So the fear of a new, imminent assault The Greens are concerned about the parks, which are willing to ask the government, with a formal appeal, to raise a new question of constitutionality. “The objective is to arrive at a pronunciation of illegitimacy for violation of Article 117 of the Constitution ”, which assigns the exclusive power on “protection of the environment, the ecosystem and cultural heritage”.
Not only that, but the environmentalist contest other passages of the single amendment, defined as a whole “a functional operation to further restrict the boundaries of the parks.” On a joint note, Legambiente, Italy Nostra, Cai, flag me Wwf particularly attack the choice of of power the park authorities, “subtracting personnel that would be assigned from the direct dependencies of the parks to those of the Region, without the guarantee that the personnel themselves remain take care of protected areas. The pretext for this novelty – they write – is the rationalization of expenses, but one of the approved paragraphs makes explicit reference to the desire to ‘establish a homogeneous and unitary organizational performance structure’ through the articulation of offices, services and functions “, that is to say “the unique Park Organ of Liguria.” The establishment of the “Conference of Mayors of the protected area”, a body “of which the utility is not understood, having valued that the Park Community already exists where local territorial entities are represented, and that it would carry out consultative activities for the redefinition of borders. We wonder – they conclude – what is the meaning of this operation, if not to please interests in the territory that have little to do with the organizational and functional capacity to promote the protected areas that the park authorities must continue to develop ”.
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