Property Rights and Illegal Occupation of Real Estate in Italy: Public Administration Obligations in the Dialogue Between Courts

Abstract

The issue of the unlawful occupation of property by the public administration has, for many years, been the subject of extensive and vigorous debate within Italian administrative law. It provides a privileged lens through which to examine the structure and functions of interpretation in conformity with the case law of the European Court of Human Rights. Experience shows that, within the Italian legal system, a shift in perspective has occurred, leading legislators, courts, and administrative authorities to construct a set of guarantees in favor of private individuals whose land has been expropriated by the administration in the absence of a valid legal title. This contribution aims to examine the distinctive coordinates of the domestic system designed to regulate the unlawful occupation of property as an expression of the sovereign power of the State. In particular, it highlights the perspective of the right to property as a fundamental right of the individual vis-à-vis the public administration.