The right of property and its “social function” in the Italian and European legal systems

Abstract

The Italian Constitution defines property not as a fundamental right, but as a right “recognized and guaranteed by law… with the objective to secure its social function”. For this reason, many authors have emphasized that its inclusion in the European Convention on Human Rights as well as in the Charter of Fundamental Rights of the European Union, could be considered as a blameworthy return to ancient (and excessively liberal) views. In truth, as this paper will try to demonstrate, the notion of “social function” is not stranger to European Law, which even extents this concept and its significant implications to many other rights and freedoms protected in modern Charters of Rights.