La nuova disciplina dell'occupazione acquisitiva: l'atto di acquisizione e giusto procedimento acquisitivo

This thesis has as objective the study of the new discipline employment acquisitive, introduced into Italian law by article 42 bis of Presidential Decree 8 June 2001, No. 327. The institute aims to regulate the phenomenon of illegal occupation of government on private property, so widespread anomaly in our system over the years to become a full-blown pathology in the relationship between public power and private property. With the examination of the law we will try of to understand as operate the new acquisition procedure and if this is compatible with the Italian Constitution and the principles developed by the Court of Human Rights on expropriation. The doubt that the act of acquisition, article 42 bis, may not be considered compatible whit these standards can be deducted from some peculiarities of the institute; as the fact that the rule is applicable even when missing or was canceled the declaration of public utility, and when it was canceled the preordained constraint expropriation; and because did not provide a procedure for the adoption of the act of acquisition. This sacrifice of private participation.