FRANCESCO TORCHIA 12 tives are determined by art. 3 TEU, by virtue of which the Union must promote the well-being of peoples, sustainable development, the fight against social exclusion, trade and the protection of human rights. It follows that, in view of the general nature of the objectives, the possibility of subsidiary intervention is extended to all sectors, including ownership. In addition, pursuant to art. 6 of the TEU, art. Article 17 of the Charter of Fundamental Rights of the EU has the same value as the Treaties and this rule recognises that every person "has the right to own, use, dispose of and bequeath the property he has legally acquired. No one shall be deprived of his or her property except in the public interest, in the cases and in the manner provided for by law, and against payment of fair compensation in good time for the loss of the property. The use of goods may be regulated by law within the limits imposed by the general interest. Intellectual property is protected". Thanks to this rule, Property is no longer treated with reference to economic relations27, but between freedoms, so that it is plausible "an obvious and immediate impact on the very possibility of imagining a social function"28. This, because the social function would be ontologically incompatible with the concept of freedom and fundamental right, consisting in a form of limitation of property. Recognizing, in fact, property as freedom, as well as as as a fundamental right, could lead to the inevitable exclusion of social function, since where property is conceived as one of the ways of being of freedom, "the functional constraint [...] would manifest all its incompatibility with the law"29. However, part of the doctrine objects that even in the German Constitution, property is contemplated among the Grundrechtes (fun- 27 Cf. S. RODOTÀ, The draft European Charter and art. 42 of the Constitution, in M. COMPORTI (edited by), Property in the European Charter of Fundamental Rights, Milan, 2005, p. 159 28 Cf. L. NIVARRA, European property between counter-reform and "passive revolution", in C. SALVI (edited by), Civil law and European and Italian constitutional principles, Turin, 2012, p. 215. 29 Cf. S. RODOTÀ, Critical notes on property, in Rev. trim. dir. and proc. civ. 1960, II, p.1300 et seq. and S. RODOTÀ, item Property, in Novissimo digesto italiano, Torino, 1967, p. 134.
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