The multi-level protection offered to the right to property is an element of the current Italian and European legal system. Reading Article 8 (respect to private and family life) and Article 1, paragraph 1 (property protection) of the European Convention on Human Rights (hereinafter ECHR) it is possible to state that the protection of someone’s property has gone beyond the physical object. This interpretation, which derives from an approach which underlines the social function of property, has been strengthened by the ECHR that, during the last 20 years, has extended the concept of property. Thanks to it, it is possible to affirm the existence of a right to remain in one’s own land before, during and after an emergency, caused by a natural, health or man-made disaster. Also, trough the reading of Articles 41, 42 and 44 of the Italian Constitution it is possible to affirm the existence of this right within the Italian Fundamental Charter. In light of the above evolutions of the jurisprudence and of the interpretation of the concept of property within the Italian Constitution, this article analyses how this principle may apply also to people affected by natural hazards. Keywords: Property right; Right to remain in your homeland; Italian constitution; Natural disasters; European Court of Human Rights; Court of Justice of the European Union; European Convention Human Rights
Property law is present in every narrative, language and even in fairy tales as a fundamental right. The contribution, based on the fairy tales Up and The Emperor’s New Groove, aims to draw – in fairy tales as well as in reality – the boundaries within which this right can be exercised. The purpose of this paper, using an empirical and qualitative methodology, is to demonstrate how the use of fairy tales can be useful to teach young students of both primary and high school important concepts such as those part of the modern concept of “property” expressed recently by the legal doctrine and the jurisprudence of the European Court of Human Rights.
This article has the aim to investigate the relationship between fashion and archaeological heritage sites. This paper start from the analysis of the International Laws regulating the protection both of cultural heritage as well as archaeological heritage such as the UNESCO World Heritage Convention of 1972 or article 167 of the Treaty on the Functioning of Europe. After, it will be devoted to outline the international recommendations on the preservation of cultural heritage. Soon after, the paragraph 5 traces the relationship between archaeological heritage sites and fashion shows made by the most important fashion brands in the world. For instance, paragraph 5 of the paper analyzes a concrete case of a show, the show of Greek designer Mary Katrantzou who showed her collection at the Temple of Poseidon on top the Cliff of Cape Sounion. Thanks to this, it will be analyzed Greek’s law on the protection of antique and cultural heritage. The main achievement of this research, achieved trough the reading and in-depth analysis of international laws, international conventions and the Greek Law 3028/2002 “On the Protection of Antiquities and Cultural Heritage in General”, is the outlining of the discipline concerning private events in archaeological heritage spaces in Greece.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.