Gastronomy Law

necessary to restore production.38 This not only contributed to feeding the European populations but laid solid bases for social and economic recovery, since a prosperous agricultural sector provided raw materials for industry and stabilised the prices of foodstuffs.39 The strategic importance of the agricultural sector pushed many European nations towards the urgency of developing a coordinated approach with a shared vision for the creation of a supra‑national structure capable of regulating relations among European and non‑European countries while at the same time ensuring food security, market stabilisation, and fostering economic cooperation. From the regulatory point of view, in most national legal orders, although almost everywhere the essential character for human life of food (and of water) is recognised, the legal regime is not always the same. This is because it prevails the idea that not everything that is necessary for human life must be the object of collective reservation, public management, and gratuitous (or semi‑gratuitous) provision.40 Hence the importance of public intervention in the food (and water) sector as a logical response to shortages in the availability of resources and to inefficiencies in the functioning of market mechanisms.41 Indeed, through administrative regulation the efficient use of resources is governed, sectoral public policies are managed, and market mechanisms are regulated.42 At the international level, Article 25 of the Universal Declaration of Human Rights provides that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” Such act sets out the rights recognised to satisfy (even primary) material needs that had not found precise regulation in the constitutions of the eighteenth and nineteenth centuries, nor even in the constitutions of the second post‑war period.43 Although it is a recommendation addressed to the Member States of the United Nations, some scholars hold that the rights and freedoms contained 38 E. Bernardi, La riforma agraria, cit., p. 77 ff., and passim. 39 P. De Castro, Piano Marshall, cit., p. 2. 40 G. Napolitano, Acqua e cibo, cit., p. 301. 41 G. Napolitano, Acqua e cibo, cit., p. 302. 42 G. Napolitano, Acqua e cibo, cit., p. 302. 43 L. Costato, Diritto al cibo, cit., p. 8. 438 FRANCESCO GASPARI | LUIGI CAMERIERO

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