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The Italian Chamber of Deputies approved a constitution law on February 8, 2022 (A.C. 3156) that modifies the Italian Constitution and elevates the environment to a constitutionally protected primary value.
The Italian Constitution did not explicitly acknowledge environmental protection as a fundamental principle before this latest amendment. Article 9 was in force before this amendment. It only provided for environmental protection.Förderung of science and technology research and cultureAndProtection of the Nation’s historic and artistic heritage and landscape.
In the absence of any explicit reference to the environment the Constitutional Court has always recognized the importance and broad interpretation of Article 9 together with Article 32 (which recognizes the protection for health as a fundamental human right and in the public interest).
In this interpretative development, Article 117 was modified by Title V of the Italian Constitution in 2001. It concerns the division of legislative powers between the State and Regions. In this context the State was given the sole authority to protect the ecosystem and environment, while the Regions had concurrent legislative power.Enhancement of cultural or environmental properties.
The time was right to finalize the constitutional prioritization for the protection of the ecosystem and the environment. The Italian Parliament amended Articles 9 to 41 in this regard.
The Protection of the environment, biodiversity, and ecosystems in the interests of future generationsThe new paragraph of Article 9 includes the following and is therefore one of the fundamental principles of Italy’s Republic, as enshrined by the first 12 articles.
The principle ofProtection of animalsThe provision of a Reserve of State Law that will determine the methods and forms of protection has been made possible by the introduction of the Italian Constitution. This amendment, which is in response a growing public sensibility, officially recognizes the dignity and worth of animals.
New Article 41 prohibits private economic initiativesIn a way that is harmful to health and the environmentThese two limits will be added to the existing ones Security, freedom, and human dignity. The second amendment concerns Article 41’s third paragraph. It allows the law to allow for the possibility of directing or coordinating economic activity both public and private for purposes that are not just social, but also environmental.
These amendments to the Italian Constitution are a further step towards the green revolution. They present challenges for stakeholders involved in the implementation sustainable business models.
2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume II, Number 54
