Description
Historically, this complex concept has encompassed both the rights of use to which the community is entitled on privately owned land (iura in re aliena) and the common use of assets belonging directly to the community itself (iura in re propria, or civic domain). At national level, the legal framework for this matter is set out in the ‘reorganisation law’ No. 1766 of 16 June 1927 (supplemented by the implementing regulations set out in Royal Decree No. 332 of 26 February 1928).This framework has recently been expanded and updated by Law No. 168 of 20 November 2017 on collective domains, which has formally recognised these assets as primary legal institutions, fundamental elements for the life of communities, the country’s natural heritage and its ecological and landscape structure.
Within this integrated framework, the Autonomous Province of Trento stands out for its solid and historically rooted system of autonomy. Already recognised under its Special Statute (now pursuant to Article 8(1)(7) of Presidential Decree No. 670/1972) as having primary legislative power in this area, and bolstered by the early transfer of administrative powers from the State to the Province enshrined in Presidential DecreePresidential Decree No. 1064 of 17 July 1952, the Trentino region autonomously manages the protection of this heritage, whilst the exercise of judicial functions remains vested in the Commissioner for the Settlement of Civic Usages.
The fundamental legislation of reference at local level is Provincial Law No. 6 of 14 June 2005, supplemented by the implementing regulation referred to in Provincial Decree No. 6-59 of 6 April 2006. The Trentino legal system explicitly enshrines the protection and enhancement of civic assets as essential pillars for the development of local communities and the preservation of the agricultural, forestry and pastoral landscape.