The article "I LIVELLI ESSENZIALI DELLE PRESTAZIONI E I NUOVI "DIRITTI CULTURALI" by S. Cavaliere has been published on Rivista AIC (n. 3/2017). The article can be viewed from the link below.


The article will demonstrate the existence, in our legal system, of a right to access cultural heritage or  to culture. To do this, it will examine the decree law  n. 146 of 2015, "Urgent measures for the use of the historical and artistic heritage of the Nation," which included the opening of the cultural heritage essential public service in order to refer it to the regulations contained in the law n. 146 of 1990 (which governs the exercise of the right to strike in essential public services and safeguarding the rights of the person constitutionally protected), This right has its foundation in various international and European conventions, in the Republican Constitution and , especially, in the art. 9 Cost., taking the form of a social right. It therefore analyzed the perspectives that this "new right" may result in "material" cultural heritage and, especially, the possible consequences about to the competences between State and Regions, also considering art. 01 of the above decree, which included the protection, enhancement and enjoyment of historical and artistic heritage in the adequate levels of services related to the art. 117 Cost., C. 2, lett. m).