Common good in a comparative perspective

The orale statement aims to analyze the theme of common goods, as instrumental goods to the protection of fundamental rights and the development of the human person. In Italy, in fact, there is no legal category of common goods, although both the authoritative jurisprudence and the doctrine have provided useful indications for the legal classification of such goods. This juridical construction requires, however, in advance, a rethinking of the State model, in order to make the concept of social function prevail over that of belonging. Therefore, it is necessary to go beyond the binomial dominus-res and public-private, to shift the attention to the characteristics of accessibility and collective fruition of public goods. In this sense, the Andean Constitutions represent an innovative model for the inclusion of common goods in constitutional charters, as functional goods for the development of collective well-being.