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CONSTITUTION OF ITALY
Besides article 41, we suggest you take a look also at articles 42 and 43.
Article 42 mainly concerns the right to private property, but it also states that the law sets limitations to that right "so as to ensure its social function and make it accessible to all".
Article 43 states that the law may reserve or transfer "for the purposes of the common good" to the State, to public bodies or
to communities of users
and workers enterprises or categories of
enterprises operating in the field of essential public services
, energy sources or monopolies, which "are
of general public interest"
In our opinion this article is extremely relevant, since it represents the Constitutional ground on which to base a claim for the citizens' participation in the management of essential public services (i.e. water management).
(Emanuela and Tommaso)
CODICE CIVILE (ita)
You can find the articles concerning public goods (which will be useful for our analysis) in:
LIBRO III - DELLA PROPRIETA' (On Property)
TITOLO I (articles 810-831)
in particular CAPO II - DEI BENI APPARTENENTI ALLO STATO, AGLI ENTI PUBBLICI, AGLI ENTI ECCLESIASTICI (articles 822-833)
(On properties belonging to the State, to public bodies, to ecclesiastical institutions)
The Italian Civil Code - Property Rights.pdf
The Italian Civil Code
, Oceana Publications, 1991.
(Emanuela and Tommaso)
RODOTA' COMMISSION BILL
DISEGNO DI LEGGE: DELEGA AL GOVERNO PER LA MODIFICA DELLE NORME DEL CODICE CIVILE IN MATERIA DI BENI PUBBLICI
The Rodotà Commission Bill aims to reform Capo II, Titolo I, Libro III of the Civil Code, by redefining the legal category of "public goods" and by introducing the distinct and new legal category of "common goods".
2010_24_02_ddl commissione rodota.pdf
This is my unofficial translation of the most relevant parts of the bill: article 1, paragraphs 1 and 3.
Rodota Commission Bill_ EN.pdf
The Water Manifesto is a document written in 1998 by Riccardo Petrella on the initiative of the Lisbon Group. This Manifesto try to delineate a new idea of water: as a human right, inalienable and collective. (
First chapter of Petrella's book "
The water manifesto
A. Goria, N. Lugaresi,
The Evolution of the National Water Regime in Italy
evolution of national water regime Italy.pdf
This chapter is part of the volume: I. Kissling-Näf, S. Kuks (eds. by),
The Evolution of National Water Regimes in Europe. Transitions in Water Rights and Water Policies towards Sustainability
, (Dordrecht: Kluwer Academic Publishers, 2004).
This volume was the result of a two years research project (2000-2002) on European Water Regimes and the Notion of a Sustainable Status. Research institutes from six European countries (the Netherlands, Belgium, France, Spain, Italy, Switzerland) have been cooperating with the aim to contribute to the implementation of the EU Water Framework Directive.
The outcome is a very interesting comparative analysis on six European countries water regimes. The chapter concerning Italy represents a very interesting overview on our "pre-referendum" water management system. The analysis is carried out both from a legal and an historical-political perspective.
The Right to Water in Italy
right to water in italy 2008.pdf
This paper was published by the International Environmental Law Research Center (IELRC) of Geneve in 2008. The author's purpose is to provide a general understanding of the relevant legislation in force in Italy concerning drinking water, as well as to show how the pressure of civil society towards the official recognition of the human right to water and the re-publicisation of the water sector seeks to fill a gap in the Italian water legislation.
4) Articles, which are related to the issue of cooperation of private sector and "the public" in terms of Private-Public Partnership:
Mixed Public-Private Enterprises in Europe Economic Theory and an Empirical Analysis of Italian Water Utilities.pdf
Governance of Public-Private corporation in the provision of local italian utilities.pdf
Impact of financial crisis on PPPs a comparison between Italy and Switzerland.pdf
5) Articles about Conrtact law in Europe and Italy (as a base for Private-Public Partnership):
Guiding principles of European Contract law.pdf
Standard Conditions and Form Contracts in Italian Law.pdf
Water as a Common Good: the Italian Case
(Emanuela and Tommaso)
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