A local referendum for the sake of appearances?
Comment on Constitutional Court judgment n. º 1/2025
DOI:
https://doi.org/10.60543/dlb.vi9.10766Keywords:
decentralization, local referendum, local autonomy, local accommodation, constitutional jurisprudenceAbstract
Can a local referendum address the issue of “local accommodation” by submitting to popular vote the potential prohibition of establishing such accommodations in properties designated for residential use, as well as the cancellation of existing registrations in those properties? The Constitutional Court addressed this question in Judgement n.º 1/2025, concluding that by attempting to “introduce solutions that are inconsistent with the regulations binding local authorities,” the local referendum was affected by an incurable flaw. This study aims to critically analyze the aforementioned ruling, showing that although the illegality of the decision is unquestionable, the reasoning underpinning the decision is not immune to criticism.
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