Il riconoscimento costituzionale dei beni comuni

Abstract

The following processed wants to lead the way for a possible constitutional recognition of the commons, meaning those goods that they express functional utility exercise of fundamental rights and the free development of the person. These assets must be protected and safeguarded by the legal system, also for the benefit of future generations. This category includes the environment, rivers, archaeological and even intangibles such as knowledge and its applications, as well as the urban space. These assets are qualified as common as the shared management, guaranteed access to them, the enjoyment in common, are functional features to the performance of the personality of man as established by art. 2 of the Constitution. The analytical method used is to outline both a historical view to finding conceptual origin of the term and those who were its different developments over time, is to identify a legal genealogy of the common, namely the identification of specific individual events from which emerges precisely the emergence of the concept. And then, make a connection between the commons and the fundamental rights enshrined in the Constitution, especially in light of the few but decisive judicial decisions.