S i is also observed deliberately
the form of presentation of the question because it leaked and the pathos,
the same time, inconvenience to the mayor than
a singular problem, but not without
complexity, which ultimately refers to
citizenship rights and the proper course of
local community.
Under the Civil Code
First Book "of people and family," Title III "of the home and residence" art. 43 2nd paragraph abode is in the place of habitual residence
ie the place where you normally exerts
family and social life of a subject.
The main legal regulations to protect even have the right to residence constitutional fact, the Italian Republic,
Constitution provides in its Art. 3 that all citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinion, conditions personal and social it is the duty of the Republic remove obstacles to economic and social which constrain the freedom and equality of citizens, prevent the full development of the human .
While all 'art. 16 states that every citizen can move and reside freely in any part of the national territory, subject to the limitations which the law provided generally for reasons of health or safety . With
DPR 30 May 1989, n.223 "Adoption of the new regulation
master resident population" was news of the institute
' Population of residents
defined as the systematic collection of all the positions relating to
individuals, families and partnerships that
have set up residence in the town,
and positions relating to persons with no fixed abode who have established their residence in the town
( art. 1, paragraph 1) and shall be governed, respectively, in art. 7:11
registrations and cancellations registries.
It should be recalled that:
register in the resident population is made
:
a) by birth;
b) judicially declared to exist;
c) to transfer residence to another municipality. The
canceled from the registry of the resident population is made
:
a) for death, including the alleged death judicially declared
;
b) for taking up residence in another municipality or
abroad
and to transfer residence in another municipality for people homeless ;
c) unavailability
established following the results of operations of
general census of population, namely,
when, after repeated inquiries, properly
intervals, the person is found to be untraceable.
Since the problem be registered, in extraordinary situations
periodically
recurs in various local
the Ministry of Interior - with
Circular May 29, 1995, No.8 dictated
"
Clarification on inclusion of nell'anagrafe resident population of Italian citizens."
It seems appropriate to quote some excerpts of the circular
(
and the next January 1997 )
because they are facing a situation similar to the question raised by the City
instant
providing explanations and addresses.
"
In relation to recent news, reported with evidence in the press, about behavior followed by the municipal administration when considering applications for registration ; registry made by Italian citizens this Ministry, as part of their institutional, considers necessary to make some clarifications on the topic in question so that by of Mayors is taken a line of conduct uniform throughout the national territory avoiding thus, the discrimination against citizens from municipality to municipality.
So the mayor as the official registry and Government, when considering applications for registration by the registry Italian citizens must strictly observe the relevant legislation. An examination of this legislation is clear that the registration request, which constitutes a subjective right of the citizen , is not subject to any conditions, nor could it be otherwise, because in this way would be to restrict the freedom of movement and of establishment of nationals in Italy evident in violation of Article. 16 of the Constitution .
the light of these considerations appear therefore contrary to the law and anti- those citizens' rights position taken by some municipalities , when considering registration request, ask a proven record of conducting of employment in the municipality, or the availability of accommodation, and maybe in the case of married persons, the co- enrollment of all members of the family, or proceed to the eventual a criminal record to the applicant registration.
Recalling that the concept of residence, as stated by consistently held and finally by the Administrative Court Piedmont Regional ruling filed June 24, 1991 , is based on the usual residence of the subject the municipal area, ie the element goal of staying in that place and subjective intention of having stable dwelling, measured by the habits of life and the development of social relations, it should be noted that can not be an obstacle to the birth registration nature area, which For example, a unlicensed building habitable or does not comply with zoning requirements, caves, accommodation in caravans. With the subsequent
Circular 15 January 1997, No. 2 headed "Population of the population resident-registration-attaching conditions - inadmissible" in the same ministry Interior (at that time ownership of the President Giorgio Napolitano) back on the subject, addressing the Prefects:
"With previous MIACEL Circular No 8 of 29 May 1995 this Ministry has issued detailed rules on timely and accurate manage the register by Mr. Mayor, in their as government officials, calling the attention of same consequences, not only penal but also administrative, which may result in the creation of impediments, not provided for by laws, entry in the registry. This was particularly stressed that
register in the population resident Italian citizens, is not subject to any condition, as shown clearly not only from December 24, 1954, No 1228 and the subsequent decree of the President of the Republic May 30, 1989, No 223 , but also consistently held the Court of Cassation.
only requirement is the correspondence that must elapse between the factual situation and as declared by the ... ...
those circumstances, since the repetition of such unacceptable episodes ... are invited SS.LL. to make the most accurate monitoring of management registers by Mr. Mayor, proceeding, where appropriate, to take all measures here protecting the dignity of the person, not excluding reporting to the court. " The Court has consistently understood within the concept of distinguishing
residence
an objective, consisting of the stable
stay in one place, and a subjective element, consisting of the will
to remain
(
see, for example, the judgments of the Supreme Court: Sec. n.1925 I to June 21, 1955, Sec. I October 17, 1955 n.3226, Sec. II January 17, 1972 n.126, of February 5, 1985, n.791, Sec. II: March 14, 1986, no 1738).
This subjectivity must be a
"
revealed by the habits of life and the development of normal relations social "
(
Cass., Section II, March 14, 1986 n.1738 )
that must be made known to the associates
through the conduct of that person.
So it follows that the residence is still a factual situation, which must tend to correspond a situation of law findings contained in personal data. The demand for residence can not be subject to any conditions nor can it be restricted from displacement of citizens and the choice to settle the territory where they want, otherwise a violation of Article . 16 of the Constitution.
The only requirement is that
correspondence must exist between the facts as stated and
than by the person's place of habitual residence.
The registration is in fact linked, but the effectiveness of the real estate unit
habitual residence in that place that is the reality
family housing. Therefore
behaviors aimed at further investigation beyond the habitual residence
are configured such aggravating
the administrative procedure and subject of the complaint by a citizen. Again,
currently can not be an obstacle to be registered
the nature of accommodation such as
the building does not conform to zoning requirements, the cave,
caravan or log cabin.
The second paragraph of article 4 of Law registry
(
Law of 24 December 1954, n.1228 ) requires
Officer
registrar to order the necessary investigations to ascertain
the truth of the allegations by the parties concerned.
It is clear that the power and duty
Officer
registrar is to have the findings as a result of submission of a declaration
concerned just check
direct correspondence between what is declared and what
implemented in reality.
Having my residence (ie, be registered in the archives of population of the City) where you live is really an individual right (although it is a "homeless" without a house "normal" that is legally used as a house) .
This is a right that triggers many others
entitlement to NHS care,
the issue of identity cards, the right to social,
the enrollment for the allocation of housing construction
public housing, the right to vote in a series of
and local elections (the latter only for Italian citizens or EU).
not only homeless, but people
homeless are entitled to have a registered residence.
The law requires municipalities to include both anagrafe the homeless that homeless .
The residence is in fact a fundamental right of freedom (to choose where to live) and suddenly essential personality (each, in fact, belongs to a community and is entitled to be a member .
are brought
review the provisions of the law, from those with constitutional status,
up to the circular of the Ministry of the Interior,
to stress, among other things, like the mayor
hierarchical relationship is improper
in the performance of government officials
and as such subject to the supervision of the prefect
are otherwise engaged, though for
; via functional
within the structures that are part of the Ministry of the Interior,
which shall exercise supervision and guarantees
unit
address in the competence of the state. From this initial examination
legislation on the subject, conducted on the slope of the powers of the mayor
services expertise state, it follows clearly that
there is no reason to remove citizens campers and the Office Municipal worked properly in issuing their residence.
Even the Highway Code (SC)
approved by Legislative Decree no. April 30, 1992, No 285
unable to provide any pretext for
the 'removal' championed by the mayor
moment.
The "camper" or with words
technique, the second motor
defined in the Code, is described as having a special vehicle
body and equipped to be used permanently
transport and accommodation for up to seven people, including the driver
(art. 54 c. 1 letter. m) of the Security Council).
For the purposes of road traffic in general and the effects
of the prohibitions contained in Articles. 6 and 7 of the Code, a motor caravan
subject to the same rules applicable to other vehicles
(Art. 185 para 1). Their stay, where
allowed, is not camping, tents and the like if they
based solely on the ground with the wheels,
outflows do not emit their own and do not occupy
the roadway in excess
its footprint (Art. 185 para 2).
And 'The discharge of organic waste and clean water and sewage
on roads and public areas, outside
disposal plants
sanitation (Article 185 paragraph 4).
The prohibition of parking for motor homes can only be provided by local government
only if the measure excludes from
also stop all other vehicles with similar characteristics
size and mass, and only if
entitled to objective situations of intransitabilità.
It has camping,
wait or the like, whenever you do not come back in the staging
conditions as set forth above.
This means, for example, that have supported
a step on the floor,
allowing easier access
all'autocaravan, already incorporates the hypothesis of
camping and staging .
As camp goes beyond the simple
of vehicles, is planned for the local authorities, owners
roads, may limit this possibility
areas appropriately equipped for this purpose.
The Ministry of Infrastructure and Transportation
Department for Land Transport Directorate
General Motors has repeatedly made clear
with relevant Directives under Article.
35 paragraph 1 of the Highway Code
guide lines on the movement and parking of motor
. But it is still
the Ministry of the Interior Department for Internal and Territorial Affairs
-Direction for the Administration and General
for the Territorial Government Offices-General Directorate
UTG, to issue the circular ref.
277 on 14/01/2008 headed, to be precise:
"
Directive of the Ministry of Transport to Article. 35 paragraph 1 of the Code Road. Guidelines movement and parking of motor . "
addressed to the mayors to take this into account in exercising its powers
.
Here it is argued as follows:
\u0026lt;...
The restriction movement road and stop for a particular vehicle category in question appears unlawful in the case of motor that they rest on the roadway with their wheels, without emitting outflows own and do not occupy the roadway far exceeds its size, in the absence of obstacles to justify. Even with the Law 336/91 the legislature was intervened to prevent the long-standing disputes between the owners of the atucaravan and Public Administration, ratio with a simple and clear, conveying a series of innovations identified, least, in the following key points:
• Confirmation that the caravans are vehicles and shall be treated for all other vehicles;
• a clear distinction between the "pause" and "Camping";
• the obligation of staging systems sanitation roads, highways and campsites in order to protect the public health land, collecting organic residues and clear waters and sewage collected in internal systems of homes.
• the possibility for the municipality to provide for the establishment of reserved picnic areas to stop and the parking of motor homes, to develop tourism traveling practiced with these cars. intervention, therefore, overall efforts to promote and not to prevent circulation to homes. These principles, contained in the above mentioned law were fully incorporated in the new Highway Code ... The circular goes on to analyze in detail some specific cases that have
gave rise to the orders of public administrators
that inevitably provide criticisms, with particular emphasis on the prohibition
movement for reasons of public safety and
and alleged abuses of
health and hygiene.
The concept of public policy which, of course, is reflected in the legislative
art. 159, paragraph 2, of Legislative Decree no.
112/98 is "
understood as the series of legal interests fundamental public interests primary which is based on the orderly and cohabitation in the national community The Ministry of Transportation points out that the concept of public safety is narrower reference to safeguarding the safety and integrity physical capital and moral citizens.
would, therefore, tainted by illegality in terms of over-protection those measures which attract situations not responding to the real state of affairs or otherwise in general needs to "protect public safety and public peace .
In other cases it is forbidden for
and circulation to the motor on the basis of an order
motivated by the need to safeguard the image and, above all,
Hygiene and Public Health. The Public Administrator
justifies its decision
arguing that his goal is simply to slow
...
abuse of health and hygiene related to the discharge of sewage and white on the public highway ... "or
of "....
prevent any danger viral infections or infectious diseases, the occurrence of which can occur for the uncontrolled and disorderly deposit of sewage and organic matter over that solid waste ...". It is noted, however
, which often orders and urgent contingibili
justified on the basis of the need for protection of public
, given the vagueness of the expressions used
absence of any other element of the indicating
limit the movement of motor
on the basis of reasons that are certainly not attributable to the established requirements
of preventing pollution.
Moreover, the motor homes for their
construction, including water collection tanks
inherent
kitchen and bathroom, as long as
are duly and properly used, are vehicles
not in itself capable of endangering the public health
.
Moreover citizens are concerned
camping in an area removed from public use
, of \u200b\u200bwhich even one of them is
owner of the property right.
The area is equipped with connections
water, electricity and sewerage.
This service, as we have seen, is essential for the
discharge of organic waste and clean water and sewage collected in the internal systems
the motor to be pumped to disposal plants
sanitation,
that, presumably, takes place according to criteria of
good technique.
should also be pointed out here there is
located in front of a real camp,
ie a structure and an exercise
accommodation for the public and governed by the rules on
campsites.
Article. 16 of the Law of the Piedmont Regional
31/08/1979 No 54 and establishing mechanisms for
precisely, the complex regulation of outdoor
receptive to the 4th paragraph provides that
"Notwithstanding
rules under this Act e'consentito the establishment of a maximum of 3 tents or caravans at farms that provide the essential services , giving simple communication to the City. The City may, in relation to local needs authorize the elevation of the number of tents or caravans to a maximum of 10 in requiring if so, what are insured supply water and sanitation and waste disposal .
Paragraph 5, however, provides that the requirements of the Act do not apply
for
receptive outdoor furnishings that are characteristic of public
year, having to such productions
subject to local regulations
-residential construction in the area.
It thus remains to examine the aspects
construction.
Article. 54 of Regional Law
5/12/19977, n, 56
entitled "
Concessions Building temporary camps " provides that" no e'ammessa the construction of temporary buildings or poor to use as accommodation and camping or ; preparation of areas for use continuous media of any kind, caravans and mobile homes, except in areas for the land-use plan to For this purpose, the rules it expressly provided, and after granting with the payment of an appropriate contribution to the incidence of urbanization direct and induced, to be calculated on the basis of disposed of Law January 28, 1977, No 10 .
Article.
56 of that Act (Posts are subject to approval)
that "
require authorization the following:
... omission ...
d) Long-term parking of vehicles or trailers equipped for an overnight stay and wait, except those that occur in specific picnic areas. Then it occurred
DPR . June 6, 2001, No 380, and SMI on the " Consolidated provisions laws and regulations on building, which art. 3 "Definitions of interventions building "and paragraph 1 letter 5) states:" For the purposes of this text one is used: e) " interventions of new construction," those transformation of housing and urban land not falling into the categories defined previous letters. They are however considered these : ... ... and 5) the installation of manufactured light also prefabricated structures and of any kind, such as caravans, campers, mobile homes, boats, that are used as dwellings , environments work, or as warehouses, and the like, and that are not intended to satisfy merely temporary; "
and art. 10 (
Posts subject to planning permission "
states that" actions constitute
urban renewal and building of the territory and are subject to planning permission: a) the intervention of new construction. . "
In this regard we note the sentence no
4974 the Court of Criminal Appeal Sec. III, 31/01/2008 (Ud.17/12/2007) , where it is claimed, even
, configurability in subdivision
abuse of the processing
of mobile facilities (campers and caravans) in real
permanent housing units.
\u0026lt;
The transformation of structures mobile (motor homes and caravans) in real their units and permanent housing may recognize in a concrete lottizzatoria conduct (in species when the activity of camping become quite high and also make up buildings service indicating a stable construction and have a significant impact on territory). droughts is parcelling those interventions that change the characteristics of the settlement and / or territory to an extent that not give rise to a expected demand measures of urbanization or to require measures of urbanization are larger or different to those envisaged. You configure the "prima" of the crime of illegal subdivision (and subsequent measure seizure) where a structure used as a campground, though duly authorized, be radically changed, for effect of unauthorized building works and caravan permanently positioned on the ground and, therefore, no longer easily transportable , in a building of residential settlement significant impact on spatial planning negative. In this perspective a set of interventions that change the nature of characteristics originating in a camp, as it is duly authorized, may in principle lead, if total assessed the violation of Article. 44, lett.c) the aforementioned presidential decree No. 380 of 2001 >.
The sentence, though interesting,
does not seem applicable to the case under consideration because of its small size.
certainly stable and the installation of moveable
continued
which campers and caravans in order to meet housing needs
than temporary results in the need of
permit to build under the combined
Articles of Presidential Decree 380/2001
mentioned above. The Municipal Administration
evaluate, on the basis of information available
and investigations which will carry out
if the conditions for the application of sanctions
provisions in existing legislation on illegal construction,
shall be without prejudice to the institution of the investigation
compliance as provided by art.
36 of Presidential Decree 380/2001.
They seem to speak as the conditions
proactive in terms
with citizens "campers", representing the possibility
regularization
of their stay in the town,
also considering the fact that their establishment
already insists on a land
building (presumably for residential purposes), for
which should be paid
its local property taxes. Paradoxically
legislation provides research outcomes can
integration rather than expulsion of
oriented practices
life different from the ordinary. The question does not provide additional information to assess
the real reasons "
disorder and intolerance from neighbors. "
is believed that these behaviors can be forecast
composition and also because the penalty
municipal regulation of local police, who should have
the purpose of promoting the orderly and peaceful coexistence, to ensure
public safety, protect the decent conduct of
town life and to deal with activities and
behavior of citizens in the late
good performance of the local community.
