DOI: 10.53136/97912218287333
Pages: 30-42
Publication date: August 2026
Publisher: Aracne
SSD:
IUS/13
The European Landscape Convention, adopted under the auspices of the Council of Europe in 2000, marked the first recognition, at a continental level, of landscape enjoyment as a factual element capable of contributing to human mental and spiritual well-being. Read in conjunction with Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life, the Convention supports the recognition of a distinct individual right to a view. Such an interpretation correspondingly expands the operative scope of Article 8, extending its protection to the individual’s visual relationship with the surrounding environment. Once landscape protection is construed as a means of giving effect to the right to private life under Article 8 echr, it follows that, within the Italian legal order, the corresponding fundamental right assumes – in line with consolidated constitutional jurisprudence – the status of an “interposed norm” (norma interposta), that is, a sub-constitutional parameter for the review of legislation. The practical implications are twofold. Under ius publicum, the State is under a duty to refrain from conduct detrimental to this right, including in the exercise of planning and building powers. Under ius privatum, the ius aedificandi is correspondingly curtailed, as is the installation of structures or other removable elements by third parties that obstruct the enjoyment of the view. This horizontal dimension of protection reflects the broader principle that the right to private life – and, by extension, the right to a view – must be secured not only against State interference, but also in relations between private individuals.