I diritti fondamentali tra inviolabilità e disponibilità

An increasing attention is being paid to the important issue of the transition from a mainly “negative” or static sense of fundamental rights to a more “active” or dynamic one, along with the evolution of the society, the different balances between public law and private law, the different demands of the legal system. In this framework, on the other hand, the State and public law are regarded as playing a protection role within private relations, by placing limits of the power to dispose of fundamental rights by the same owners. The work aims to analyze the key issues related to the disposability of these rights in light of the European experience.