The Public-Law Protection of Third Parties in Urban Subdivisions and Urbanization Works

Abstract

Starting from the proposition that the risk society produces an urban subdivision law that generates uncertainty, this study seeks to determine who the third parties are in relation to a subdivision permit, using for that purpose the concept of a multipolar administrative legal relationship. Once the typical categories of third parties are identified, the analysis focuses on the public-law protection they deserve, particularly through fundamental rights, procedural and neighbourhood rules, and urban planning standards. The conclusion is that the weak legislative contribution in constituting and shaping fundamental rights and other constitutional goods aimed at protecting third parties in this field will necessarily call for new legislative intervention and, until then, for more intense judicial protection.