Art. 41 Costituzione

In: Business and Management

Submitted By lavilavi91
Words 7673
Pages 31
Università degli studi “Roma Tre”
Facolta di Economia “Federico Caffe”
Corso di Laurea in Economia e gestione delle imprese

Tesi di laurea “Articolo 41 della Costituzione: analisi e interpretazione”

1

INDICE

Introduzione...................................................................................................................3

Origini............................................................................................................................5

Utilità sociale: nozione e limite.....................................................................................8

La tutela della concorrenza..........................................................................................14

L'art 41 e il quadro normativo comunitario.................................................................16

Programmi e controlli..................................................................................................19

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INTRODUZIONE
Art. 41 Cost.
L'iniziativa economica privata è libera.
Non può svolgersi in contrasto con la utilità sociale o in modo da recare danno alla sicurezza, alla libertà, alla dignità umana.
La legge determina i programmi e i controlli opportuni perché l'attività economica pubblica e privata possa essere indirizzata e coordinata a fini sociali.

L'articolo 41 è stato a lungo al centro di dibattiti dottrinali. Questo infatti appare come la chiave di volta della “Costituzione economica”, cioè quella parte della Costituzione italiana che disciplina i rapporti economici, poiché pone un principio di bilanciamento tra iniziativa privata e interesse collettivo: l'iniziativa privata è libera nei limiti dell' utilità sociale e della sicurezza, libertà e dignità umana. Nell’interpretazione di questo articolo, un primo problema riguarda le attività tutelate dalla disposizione costituzionale:…...

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