Religione, urbanistica e terzo settore. Destinazioni d’uso in deroga, attività consentite e rigenerazione urbana nell’ermeneutica dell’art. 71, D.Lgs. 3 luglio 2017, n. 117 (Codice del terzo settore)

In actual fact it is common to come across abandoned industrial warehouses converted by communities of foreigners (in the main) involved in Social Promotion Associations (Aps). Their scope is to carry out various kinds of activities including welfare and social integration, recreation, conferences and debates, language schools and collective prayer. These are effectively re-use (recycle) initiatives which, from a legal and regulatory point of view, can involve a number of legal disciplines. Amongst these: third sector law, urban planning law and constitutional law. When the initiatives are carried out by Islamic communities and the locations are also used for prayer, problematic disputes can arise, based on the well-known syndrome Nimby (Not In My Back Yard), whereby the above mentioned disciplines come into conflict. The paper then analyzes the phenomena in question aiming to restrict the field to aspects related more specifically to administrative law. In particular, everything is read and interpreted through the prism of Article 71 of the Third Sector Code (Legislative Decree 117/2017) and the exceptions (for example, to the regulations on destination use) provided for therein. A complex ministerial advice (or evaluation) addressing the issues in question is also critically commented. In the case of initiatives regarding the urban and construction sectors therefore, the paper shows how trend-setting organizations of the third sector are significantly linked and correlated with regeneration, urban planning and religion.