ITALY Law and Practice Contributed by: David A Röttgen, Andrea Farì, Francesco Fonderico and Ermanno Fonderico, Ambientalex Studio Legale
Ambientalex Studio Legale Via di San Sebastianello 9 00187 Rome (RM) Italy
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1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws In 2022, Article 9 of the Italian Constitution was amended to include the protection of the environment, biodiversity and the ecosystem within its fundamental principles. In general, the key Italian environmental policies and principles are those provided by EU law: • the precautionary and preventative action principle; • the principle of rectification of environmental dam- age at source; • the “polluter pays” principle; and • the high level of environmental protection principle. The key principles governing environmental protec- tion are listed in Legislative Decree No 152/2006 (the “Code”). The Code is the key law in Italian environ- mental legislation. It is composed of eight parts and 64 annexes. However, many areas are excluded from the Code and the source of their regulation lies within separate pieces of legislation. The Code, furthermore, does not encompass many other important pieces of sector-specific legislation, such as those related to renewable energy sources. • sustainable development; • the integration principle;
2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities
The Ministry for Environment and Energy Safety The system of environmental competencies is com- plex and conferred on a number of authorities and bodies. At central government level, the body that plays a primary role is the Ministry for Environment and Energy Safety ( Ministero dell’Ambiente e del- la Sicurezza Energetica , or MASE). Established in 1986 as the Ministry for the Environment ( Ministero dell’Ambiente ), MASE has progressively increased its functions and delegated them to other ministries. Under the previous Draghi government, it was entrust- ed with energy-related policies, which were previously conferred to the Ministry for Economic Development ( Ministero dello sviluppo economico MISE). Other Ministries Some environment-related functions are still conferred on other central authorities, such as the Ministry for Health, the Ministry for Agricultural Policies and the Ministry for Culture. This often causes serious organi- sational challenges. The Institute for Environmental Research and Protection The Institute for Environmental Research and Protec- tion ( Istituto superiore per la ricerca e la protezione dell’ambiente , or ISPRA) assists MASE by providing technical assessments within relevant administrative procedures or by issuing monitoring reports on envi- ronmental matters. ISPRA also ensures the co-ordina-
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