Conservazione e restauro nella disciplina italiana dei beni culturali

The article examines the historical origins of italian legal system of heritage preservation and restoration. The constitutional reform of 2001 has distinguished preservation from exploitation of heritage; preservation belongs to the exclusive legislative power of state, while exploitation belongs to the concurrent legislative power of state and regions. The code of heritage and landscape of 2004 has implemented this distinction that, however, has been judged by the constitutional court in restrictive manner for regions. The essay shows the most important sides about preservation and restoration in the code of heritage and landscape and discusses three actual problems: the matter of heritage in the recent reforms of the law on administrative proceeding with special regard to the certified signalising of the beginning of activity and to the silence of the public administration; the discretionary power in the administrative measures on heritage, according to the instructions of the ministry and to the decisions of the administrative courts; the qualification of restorers in the recent reforms.