L’ambiente da valore a principio (costituzionale)

This essay wonders the implications with the shift of the Republic’s obligation to promote the environment from the (non legal) realm of values to that of constitutional principles. The argument presented shows that this transition is highly significant, particularly considering the ineffective and piecemeal legislation on environmental protection.
This legislation has failed to adequately protect natural resources and has often resulted in unnecessary conflicts.
The rejuvenated role of the Constitution as a source of environmental law is of great significance. It not only sets new priorities for the political agenda, but also has implications for legal interpretation. This is evident in some decisions by the Council of State, where environmental protection is no longer derived from the related concepts of landscape or culture, but rather has acquired its own significance, both from a normative and axiological perspective.