Sustainable Tourism Law

148 SUSTAINABLE TOURISM LAW The category of “common goods” introduced by the Supreme Court of Appeal 26 , is used to identify those goods which, regardless of ownership, are functional to the satisfaction of the general interests of the affiliates’ and are therefore of relevance to their ownership in the hands of the cives , on the basis of a complete interpretation of the regulatory system by the Articles 2, 9 and 42 of the Constitution. Common goods ultimately represent the profile of the fundamental values promoted by the Italian Constitution, and their legal value is predominant, because of their indispensability in terms of subjective and collective life, acquiring a functional value for the development of the individual, as well as the movement of goods in the market (in this regard, an important contribution made by the Rodotà Commission 27 is quoted). 26 Cass. civ. sez. un., 14 febbraio 2011, n. 3665, annotata da S. LIETO, “ Beni comuni”, diritti fondamentali e Stato sociale . The Court of Appeal over the prospect of property code, in Pol. Dir ., 2011, p. 2 ss.; Cass. civ. sez. un February 16, 2011, no. 3811, no. 3811: “From the direct application of art. 2, 9 and 42 of the Constitution, the principle of the protection of human personality and its proper conduct in the sphere of the social state, also in relation to the landscape, is derived, with particular reference not only to the constituent goods, to the codification of the legislative classification, the property and property of the “state property”, but also those goods which, irrespective of their prior intentional nature or finalization by a legislator, result, on the basis of a complete interpretation of the whole system normative, functional to the pursuit and satisfaction of the interests of the community and which – for their purpose in the creation of the social state – must be considered “common”, irrespective of the title of property, resulting in a recessionary aspect to the functional aspect of goods in relation to the interests of the community (Principle outlined about the so-called valli da pesca della lagna di Venezia). With regard to public goods, the connotation of state ownership expresses a dual belonging to the community and its exponential entity, having the title in the strict sense of service membership, in the sense that the exponential entity can and must ensure the maintenance of the specific relevant characteristics of the good and its concrete potential for fruition; it follows that the ownership of state property to the State or to other local authorities is not an end in itself and does not only take into account “ownership” but also entails the existence of governance burdens to make it effective. the various forms of fruition and public use of the good. (Principle outlined about the so-called valli da pesca della laguna di Venezia). Cf., about it, E. CATERINI, E. JORIO, Il predissesto nei comuni , Maggioli, 2013, p. 127 ss.; A. MIGNOZZI, La proprietà culturale. Strumenti privatistici di gestione e valorizzazione dei beni culturali , Napoli, 2007; F. LO PICCOLO, F. SCHILLECI, Forme e processi per il progetto di territorio. Pratiche e prospettive nella Sicilia occidentale , F. Angeli, 2016; L. D’ANDREA, Ragionevolezza e legittimazione del sistema , Milano, 2005, p. 216 ss.; ID., I beni comuni nella prospettiva costituzionale: note introduttive , in www.rivostaaic.it , 3/2015, p. 13 ss. 27 The Commission chaired by prof. Stefano Rodotà was established by decree of the Minister of Justice on 21 June 2007 “ for the elaboration of principles and the direct criteria of a draft bill of law delegated to the Government for the novelty of Chapter II of Book III of the Civil Code as well as of other parts of the same book related to it for which similar recovery needs a rise of the order function of property and goods law ”; it concluded its work in February 2008 with the drafting of a proposal for articulation (available, together with a summary of the Report accompanying the Bill delegate, also in Vv.Aa.., Oltre il pubblico ed il privato, cit ., p. 161 ss., which, however, had no follow-up, overwhelmed by the anticipated end of the legislature.