Molteplicità delle fonti e tutela dei diritti. Il danno non patrimoniale nella lesione della proprietà e dei dati personali

The essay addresses the issue of the so-called multilevel protection of human rights from the civil liability point of view, with reference to non-pecuniary damage, particularly. Having identified the methodological problems in the specific context of private law, the author analyses the case law position and the views expressed by other authors in relation to the value of the European Convention on Human Rights and the European Charter of Fundamental Rights within tort law. Due to their different position in the sources of law, the writing treats separately the hypotheses that the violation concerns a right provided for in one or in the other. The right to property (Art. 1 — 1st Protocol of the ECHR) and the right to protection of personal data (Art. 8 Charter of Nice) are taken into consideration as cases study.