Abstract

Italian law does not, as yet, provide clear points of reference regarding free access to common goods. The Legislator has wide margins of discretion, without prejudice to the grid of constitutional and European values. The parameters of exercise of legislative discretion orbit, in fact, on the characteristics of rivalry and exclusion of common goods and on externalities. However, they converge in the sphere of ability to pay, of the allocation criteria in the contribution to public expenditure, and in the relationship of the tax regime pursuant to art. 53 of the Italian Constitution. Another fundamental pillar is the principle of legality pursuant to art. 23 of the Italian Constitution. The topic is explored by examining the emblematic case of access tickets to cities of art.