Tourism Enterprise and Cultural Heritage protection, as a legal for valorization of the Territory and of the Person by Francesco Torchia

7 unfinished project, questions his own achievements, tirelessly seeks new meanings and creates works that transcend him." 11. However, in view of this definition, there is a high risk, in the second part of the doctrine, of confusing the elements relating to the notion of "cultural identity" with those relating to the concept of the "human person"12. Even so, however, there is no doubt that our constitutional provision, with art. 9 (placed in the context of the Fundamental Principles), combines the concept of "Landscape" with that of "Historical and Artistic Heritage"13, with this wanting to signify the need for a unified protection of values of a purely cultural character14, so it is clear that even the very definition of "cultural identity" it cannot go beyond the necessary consideration of the close relationship between the constitutional value of the protection of the landscape and of the historical and artistic heritage and the constitutional value of the protection and development of the person, both as an individual and in social formations15. A relationship that ultimately leads to consider the concept of "cultural identity" as one of the many natural fields of expansion of the rights of the person, which, for this very reason, takes on a dynamic meaning, having to take into account the needs, which places the socio-economic development of the country. In this sense, however, it would seem to have expressed (albeit within certain limits) even our legislator who, with the latest draft of the Code of Cultural Heritage, in the part relating to the protection and enhancement of the landscape, has dictated the rule in art. 131, which reads: "1. Landscape means the expressive territory of identity, whose character derives from the action of natural, human factors and their 11 Cf. C. BORTOLOTTO (edited by), The intangible heritage according to UNESCO: analysis and perspectives, Rome: Istituto Poligrafico e Zecca dello Stato, 2008; World Conference on Cultural Policies; Mexico, 1982 12 Cf. E. A. IMPARATO, Cultural identity and territory between Constitution and regional policies, cit., p. 41, which, on the point, recalls in note J.M. PONTIER, Les données juridiques de l'identité culturelle, in Rev. dr. publ. n. 5/2000, p. 1274 and ss. 13 Art. 9 Cost.: "The Republic promotes the development of culture and scientific and technical research [cfr. art. 33, 34]. It protects the landscape and the historical and artistic heritage of the nation." 14 Cf. E. A. IMPARATO, Cultural identity and territory between Constitution and regional policies, cit., p. 45. 15 On the role of the Person as value, cf. P. PERLINGIERI, The Current Order and its Values, Naples, 2006, p. 289.

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