Diritto all'outdoor e peste suina africana

The paper works out a fundamental right to outdoor – as a corollary of the right to personality development and in relation to the freedom of movement – and deals with opposite public interests concerning the protection of economic activities from the virus. An analysis of the european and national legislation on the contrast of swine fever is provided and it opens the way to the discussion of some aspects of the opposition between the fundamental right to outdoor and antagonistic public interests, like: the organization of public bodies with special attention to the powers of the regions (in a sort of upside down cooperative federalism); the relation of science and politics/law (the first providing a cognitive frame which influences but doesn’t bind public powers); the rule of law and the respective roles of legislation and administration (with the guarantees involved in administrative procedures). The outcome is that regional governments, after having been empowered to regulate outdoor activities in the restricted area, have shown a clear awareness of the political and administrative substance of their function, despite the scientific aspects involved, and have been able to balance reasonably the right to outdoor and the opposite and concurrent public interests