Abstract

This paper analyses the concept of "artistic interest" present in the Italian code for the protection of cultural heritage. It argues for the opinion of the technical nature of the administrative act through which the artistic interest is ascertained and it proposes the hermeneutic tool of "fact of art" in order to rationalize the concept of "artistic interest". This rationalization aims to make more effective the judicial protection against the administrative decision that verifies the existence of the "artistic interest".