“Freedom of movement” has slipped, unnoticed, into the lexicon of contemporary jurists and legislators and has establishing itself in recent years, albeit not always organically, as part of the doctrinal landscape. The main objective of this paper will be to investigate the reasoning behind the concept and its origins, which will help uncover its constitutional foundations as well as potentially desirable developments. This study will explore in depth the historical markers along the evolutionary timeline and, in addition, the complex dynamics associated with freedom of movement, particularly regarding the functional aspects involved in interpreting Article 16 of the Italian Constitution, and with consideration to recent changes to jurisprudence and the legal framework. Through the study of European Union legislation and jurisprudence, this article will examine the challenges related to the lack of mobility, especially in disadvantaged areas, and the need for infrastructures that guarantee social and territorial cohesion. The results demonstrate the vitally important role that transport services play within each territory and of the necessity for the provision of adequate means of communication, placing greater value in solidarity rather than making economic and market logic the only priority. Freedom of movement has shown itself to be indispensable not only as a prerequisite for the enjoyment of other rights and freedoms but on its own merit, as an automatic right to mobility.

Il "Diritto Costituzionale alla Mobilità" nella metamorfosi storica e giuridica dell'Art. 6 Cost.: diritto alla persona, via di inclusione sociale e di tutela dei territori svantaggiati.

BOTTACCHIARI, MARCO
2025-07-17

Abstract

“Freedom of movement” has slipped, unnoticed, into the lexicon of contemporary jurists and legislators and has establishing itself in recent years, albeit not always organically, as part of the doctrinal landscape. The main objective of this paper will be to investigate the reasoning behind the concept and its origins, which will help uncover its constitutional foundations as well as potentially desirable developments. This study will explore in depth the historical markers along the evolutionary timeline and, in addition, the complex dynamics associated with freedom of movement, particularly regarding the functional aspects involved in interpreting Article 16 of the Italian Constitution, and with consideration to recent changes to jurisprudence and the legal framework. Through the study of European Union legislation and jurisprudence, this article will examine the challenges related to the lack of mobility, especially in disadvantaged areas, and the need for infrastructures that guarantee social and territorial cohesion. The results demonstrate the vitally important role that transport services play within each territory and of the necessity for the provision of adequate means of communication, placing greater value in solidarity rather than making economic and market logic the only priority. Freedom of movement has shown itself to be indispensable not only as a prerequisite for the enjoyment of other rights and freedoms but on its own merit, as an automatic right to mobility.
17-lug-2025
Legal and Social Sciences
Freedom of movement; Article 16 of the Italian Constitution; disadvantaged areas; social and territorial cohesion; transport services; means of communication; right to mobility
Settore IUS/08 - Diritto Costituzionale
Settore GIUR-05/A - Diritto costituzionale e pubblico
BIANCHI, Paolo
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11581/498749
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