Right to beauty and urban regeneration: a link to be built.

There is no provision that explicitly configures a subjective right to beauty. In fact, scholars of the law of the arts and entertainment employ this terminology, elaborated by the doctrine, with the aim of making the legislator aware of the adoption of measures aimed at recognising a legal position allowing the use of cultural goods and activities. The legislator has not even addressed the issue in the most recent regulatory interventions, despite the growing sensitivity towards cultural issues. An example is Law No. 175 of 22 November 2017 on "Provisions on entertainment and delegated to the Government for the reorganization of matter", which provided for the entry into force of the Code of the entertainment. However, the original draft of the law has not been implemented, with the consequence that operators in the sector have to trace, in a very complex and disorderly scenario, the correct rules to be applied to their activities. The absence of a specific provision, however, does not exclude that there may be other legislative references useful to recall. When we talk about the right to beauty we must definitely refer to the principle of art. 9 Cost., easy to recall in every speech that looks at the arts and the entertainment. It also notes the less predictable general clause contained in Article 2 of the Constitution, which stresses the need to link the recognition and safeguarding of inviolable rights to the personality of the individual. The combination of these two standards is quite unprecedented. In fact, the fulfilment of the mandatory duties of political, economic and social solidarity provided for by art. 2 of the Constitution is amplified by the obligations of intervention placed at the expense of the public subject, firmly anchored to art. 9 of the Constitution. The Republic has the task of promoting the development of culture, as provided for in Article 114 of the Constitution. And there is no doubt that such an activity can, at the same time, constitute a means of fulfilling those mandatory duties set out in the general clause, which has allowed - in many areas of our legal order - the fair extension of the catalogue of rights. Art and culture are universally recognized values as worthy of protection, despite today they are exposed to threats and dangers, both in times of peace - where it is difficult to regulate a sector often animated by fashions, emotions and passions - that in times of war. It is easy to understand how important well-oriented cultural policies are, precisely because of the difficulty of reconstructing a discipline that makes protection its main objective. To put in place activities of safeguard, recovery and valorization becomes, therefore, an urgency to which the same legislator, like the operators of the field, cannot escape.