TOURISM ENTERPRISE AND CULTURAL HERITAGE PROTECTION any other public body or institution, with the exception of the collections that perform the functions of the libraries indicated in article 47, paragraph 2, of the decree of the President of the Republic 24 July 1977, n. 616” and property owned by private persons if declared as such by the local superintendents with a special declaration and not explicitly excluded by the appropriate procedure. In this context, the ratio of the Code is, according to some, exclusively to regulate the commercial exploitation of cultural goods (reserving it to supervisors and authorised individuals, subject to payment of a fee) to better finance its conservation and management 7. Having said this, however, it cannot be denied that in the Italian legal system it is also possible to configure an interest in “cultural identity” without being forced to identify it only and exclusively in material goods 8. Environmental goods, in fact, can also be considered (latu sensu) “cultural goods”, which is why the notion of landscape is also capable of assuming cultural value, as well as, consequently, the interest in landscape is able to express cultural values, when it recalls the relationship between a given community and the territory. Nor, on the other hand, is it useful to object that the Italian legal system seems to protect the interest in cultural identity only with the norms on linguistic and confessional minorities. In response to that objection, the doctrine cited observes that in such cases: “The identity interest is important as a factor that delimits parts – minorities, in fact – to which are granted, by reason and in order to protect their specialties, special treatments and not as an expression of a “feeling of cultural identity”referred to the space and living conditions of a community” 9. Consequently, in the constitutional values cited, the protection of identity with respect to that of the territory/landscape assumes only indirect character. Given the above, we must recognize, again, that to some it often does not seem possible to identify an unambiguous definition of the concept of “cultural identity”, also because of the plurality of meanings, which assumes the term 7 Cf. A. ROSSARI and R. TOGNI (edited by),Towards a management of cultural heritage as a public service: legislative activity and cultural debate from the unitary state to the regions (1860-1977), Milan, 1978; B. DENTE (edited by) Public policies in Italy, Bologna, 1990. 8 Cf. E. A. IMPARATO, Cultural identity and territory between Constitution and regional policies, cit., p. 37. 9 Cf. art. 6 and 8 Cost. In particular, art. 6 reads: “the Republic protects with special rules the linguistic minorities”, while, according to art.8: “all religious confessions are equally free before the law. Religious confessions other than the Catholic have the right to organize themselves according to their own statutes, as they do not conflict with the Italian legal order. Their relations with the State are regulated by law on the basis of agreements with the relevant representations”.
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