Abstract

The essay offers some reflections on Property and the constitution, based on the teachings of Giovanni Tarello. In addition to recognizing private property and guaranteeing it, the Italian Constitution provides for the need to set limits to it, primarily to ensure its social function. The provision contained in Art. 41 para. 3 has recently been revised with an explicit reference to environmental and health protection purposes. Furthermore, the concept of property, which appears in the Additional Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms and in the dialogue between the courts, is analyzed.