The present contribution deals with the amendment to Article 9 of the Italian Constitution introduced by Constitutional Law No. 1 of 11 February 2022 which foresees a duty for the Italian Republic to protect the environment, biodiversity and ecosystems, also in the interest of future generations. The contribution pursues a twofold objective. First, it aims to analyse the content of the reform to appraise its impact on environmental protection in the Italian legal system, also in light of the previous case law of the Italian Constitutional Court. Second, it intends to assess the influence of international (environmental) law on the amendment to the Constitution. In this respect, it will be argued that the relationship between domestic law and international law follows two main trajectories: on the one hand, the constitutionalisation of international law and, on the other, the internationalisation of constitutional law
The 2022 “Environmental Reform” of the Italian Constitution and International Law / Greco, Donato. - In: ITALIAN YEARBOOK OF INTERNATIONAL LAW. - ISSN 0391-5107. - 32:(2022), pp. 263-279.
The 2022 “Environmental Reform” of the Italian Constitution and International Law
Donato Greco
2022
Abstract
The present contribution deals with the amendment to Article 9 of the Italian Constitution introduced by Constitutional Law No. 1 of 11 February 2022 which foresees a duty for the Italian Republic to protect the environment, biodiversity and ecosystems, also in the interest of future generations. The contribution pursues a twofold objective. First, it aims to analyse the content of the reform to appraise its impact on environmental protection in the Italian legal system, also in light of the previous case law of the Italian Constitutional Court. Second, it intends to assess the influence of international (environmental) law on the amendment to the Constitution. In this respect, it will be argued that the relationship between domestic law and international law follows two main trajectories: on the one hand, the constitutionalisation of international law and, on the other, the internationalisation of constitutional lawFile | Dimensione | Formato | |
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