Development and sustainability are both economic notions which may be perceived as obscure in law. Nevertheless. the principle of the sustainable dvelopment plays a pivotal role in environmental law. There is a growing attention to the role that dvelopment and sustainability can play us parameters for the validity of regulatory acts. Sustainability and its governing criteria have been dealt with the CJEU in two judgements, in 2007 and 2018. In the light of italian environmental law, growth and durability also come together in the Constitutional Legitimacy wirh regard to the allocation of legislative powers Ibetween the State and the Regions. Exploitation of fishery resources raises a topic which is weil known to scholars of environmental economics, namely the tragedy of commons. Resources are not incxhaustibe andl natural capital resources must not be depleted. The risk is that a collective resousewill be exhausted.causing a negative externalily. These arguments, started in 2007, have also been confirmed in 2017 by the Italian Constitutional Court. Nor can it be forgotten the role played by the CCtHR wich has extensively interpreted Article 8 (1) of ECHR which protects the right to private and family life. The Court of Strasbourg stated that home must not be violated by noise. Emissions, odours and other nuisances. Furthermore. Italian Administrative Courts have adressed the principle of sustainabIe development making use of environmental processes, such as Environmental impact assessment (EIA), integrated pollution prevention and control (IPPC) and strategic environmental assessment (SEA). The author addresses the issue of the confluence of environmental and landscape interests in urban planning. Many regulator provisions seem to show that durable development can shape territorial govemment, as well as the functionality of ownership enances the interaction between environmental sustainability and territorial governance, where the former’s standing is note qual, but rather takes precedence. Recent Italian administrative law cases seem to acknowledge this stand poin principle, convering with the interpretatiion of environental sustainibility adopted by CJEU and Italy’s Constitutional Court.
Sviluppo sostenibile e giudice amministrativo tra tutela ambientale e governo del territorio
M. Antonioli
Primo
2019
Abstract
Development and sustainability are both economic notions which may be perceived as obscure in law. Nevertheless. the principle of the sustainable dvelopment plays a pivotal role in environmental law. There is a growing attention to the role that dvelopment and sustainability can play us parameters for the validity of regulatory acts. Sustainability and its governing criteria have been dealt with the CJEU in two judgements, in 2007 and 2018. In the light of italian environmental law, growth and durability also come together in the Constitutional Legitimacy wirh regard to the allocation of legislative powers Ibetween the State and the Regions. Exploitation of fishery resources raises a topic which is weil known to scholars of environmental economics, namely the tragedy of commons. Resources are not incxhaustibe andl natural capital resources must not be depleted. The risk is that a collective resousewill be exhausted.causing a negative externalily. These arguments, started in 2007, have also been confirmed in 2017 by the Italian Constitutional Court. Nor can it be forgotten the role played by the CCtHR wich has extensively interpreted Article 8 (1) of ECHR which protects the right to private and family life. The Court of Strasbourg stated that home must not be violated by noise. Emissions, odours and other nuisances. Furthermore. Italian Administrative Courts have adressed the principle of sustainabIe development making use of environmental processes, such as Environmental impact assessment (EIA), integrated pollution prevention and control (IPPC) and strategic environmental assessment (SEA). The author addresses the issue of the confluence of environmental and landscape interests in urban planning. Many regulator provisions seem to show that durable development can shape territorial govemment, as well as the functionality of ownership enances the interaction between environmental sustainability and territorial governance, where the former’s standing is note qual, but rather takes precedence. Recent Italian administrative law cases seem to acknowledge this stand poin principle, convering with the interpretatiion of environental sustainibility adopted by CJEU and Italy’s Constitutional Court.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
