Abstract

The present paper aims to explore the protection granted to artistic architecture by the current legislation and its coherency with the Italian Constitution. Article 33 and Article 9 of the Italian Constitution enshrined a very peculiar and robust guarantee for art both from a creation point of view and a conservative point of view. The paper analyses the respect of this freedom and its connected principles looking at the administrative law in force, focusing on the urbanistic plans and the conservation tools with a multilevel approach. Finally, the paper shall suggest some possible solutions to avoid the infringement of the Constitutional articles and principles.