Environmental Protection and Italian Constitutional Reform. Some Profiles of Interest and Critical Remarks

Abstract

This paper aims to analyse the scope of constitutional reform no. 1/2022, approved last 8th February by the Italian Parliament, with which the Articles 9 and 41 of the Constitution have been modified. Thanks to this amendment, the environment (the ecosystem and biodiversity) has been included as a legal asset subject that needs an expressed protection. Specifically, it is possible to highlight the critical profiles concerning the balance that the legislator has already intended to offer at a regulatory level between respect for the environment and private economic activities. In this field, the Ilva case-law represents a milestone for the Constitutional Court and the Italian legislator.