Law+of+the+patrimony+of+the+Public+Administrations+(Helena+and+Clara)

Art. 5

1. The goods and rights that, being of public ownership, are destinated to the general use or to public service as well as those that a law confers expressly the condition of public domain, will be considered rights and goods of public domain.

Art. 6

The management by the public administration of goods of public domain must follow the principals below: a. Inalienability, unseizability, unprescribability. b. Adequacy and sufficiency to serve the public general interest. c. Effective destination to the general use. d. Preferent dedication to the common use in front of the private one. e. Responsible use of the prerogatives that this and other laws give to Public Administrations, guaranteeing their preservation and integrity. f. Identification and inventory control through public registers. g. Cooperation and collaboration among Public Administrations in the exercise of their competences over the public domain.

Brief comments: 1. Translation by Clara and Helena 2. Relation with article 41 Italian Constitution: The right to private enterprise and the access to common goods sometimes can colide. To prevent this from happening, Public Administrations have to regulate and control the use of public domain (common) goods. Articles 5 and 6 of the Law of the patrimony of the Public Administrations provides the guides for this protection.