La “questione rifiuti” nell'ordinamento italiano: dalla gestione illegale alle attività organizzate per il traffico illecito. Genesi e fenomenologia delle “ecomafie"

Abstract

The focus on environmental crime, which crimes related to illegal waste management represent a big chunk, also involves the European parliament who recently launched the international campaign against impunity for those who commit serious environmental crimes. It is, indeed, probably one of the materials that involves a series of thorny issues undefined and indefinable and branching pervading different disciplines, from the criminal protection of the environment in general, whereas the feedback ethical and sustainable development, Community law supranational and has always been involved in the formulation of a common and effective response to environmental issues and respect to criminal offenses related thereto, by their very nature intended for individual overstepped the borders, up to lead the issue of the so-called economic criminogenesis and criminodinamica criminals. The work has started from a preliminary analysis of the current considerations - doctrinal and jurisprudential - of what is considered as a value to be preserved beyond national borders with a first part delegated to emphasize the good environment and its developments - moving between the anthropocentric and eco-centric perspective - even in a vision markedly Community as a complementary tool to the internal standardization - a topic for discussion it was in fact the Directive 2008/99 / EC on the protection of criminal law and its implementation. It was also addressed, in the wider context of the environment, the problem of "waste matter", one of the components from which potentially originate sources of increased danger in terms of its protection. The problem of waste management has set with strong evidence from the 70s when the economic development there was a growth of the same which was accompanied by a heightened their risk which imposed to deal no longer exclusively, but to the issue of disposal of risks of environmental impact that these could cause. The current notion of refusal can be drawn from the cd Environmental Code which considers it as "any substance or object which the holder discards or intends or is required to discard". There were insights into some particularly thorny issues such as temporary storage and accurate determination of the boundary between the exhaust and liquid waste. During the period for the preparation of the work has emerged as, of all the criminal cases in some way linked to the illegal management of the waste cycle, there was a markedly more important and allegorical of the situation summed up in the neologism "eco-mafia"; This is the crime ex art. 260 of the Consolidated Law on the environment entitled "crime of organized activities for the illegal trafficking of waste," then the subject of careful study... [edited by Author]