La disciplina del danno ambientale

Abstract

The national legislator since the sixties of last century, in adherence with the values expressed by the Constitution, has always disciplined the normative about environment with legal institutions for its guardianship, that, to this day have been continously modified. The reforms of regulatory framework spring from the economic circumstances and from the continuous and mutable ‘politics’, undertaken both to community and to national level. Such discontinuity, however, has been reduced, because of the tendential and gradual ‘consolidation’ of the regulation. In fact, with the coming into effect of the law n. 349 of 1986 – finished in the amendment art. 117, second paragraph, of the Constitution and laid in the legislative decree n. 152 of 2006 – it has been established the ‘unitary’ notion of the ‘good environment’ and it has been asked if it could be possible to identify a subject as its ‘holder’. Regarding this, it can be affirmed that the ‘holding’ of the ‘good environment’ represents a matter of positive law that the legislator wanted to resolve... [edited by author]