ITALY Law and Practice Contributed by: Francesco Fonderico, Elettra Monaci, Eugenio Fidelbo and Marco Pellizzola, Ambientalex Studio Legale
Ambientalex Studio Legale Via di San Sebastianello, 9 00187 Rome (RM) Italy
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1. Multilateral and Regional Regimes 1.1 Multilateral Climate Change Legal Regime Italy participates in the multilateral climate change legal regime both individually and as a member of the European Union (EU), which acts as a negotiat - ing bloc. Individually, Italy is an Annex 1 party to the United Nations Framework Convention on Climate Change (UNFCCC). It ratified the Kyoto Protocol with Act No 120 of 1 June 2002 and the Paris Agreement with Act No 204 of 4 November 2016. In implementing the Paris Agreement, Italy has partici - pated in recent COPs, advocating for cross-sectoral solutions and building resilient partnerships, thereby contributing to the management of the ever-increasing risks associated with climate change. In this regard, Italy announced at COP28 that it would contribute concrete financial commitments, including EUR100 million for Loss & Damage. Italy also sent the largest number of delegates to COP29, demonstrating its commitment and the importance of its participation during the conference. However, during COP30, Italy adopted a more skep - tical position regarding the roadmap for phasing out fossil fuels.
Furthermore, through its competent ministries, Italy responds to its commitments through the conclusion of international agreements at a bilateral and multi - lateral level. Regarding the areas of interest for the conclusion of agreements, traditionally, Italian foreign policy has ori - ented its co-operation and development work, includ - ing on climate issues, towards the Mediterranean and Africa. Decree Law No 92/2021 established the role of the Special Envoy for Climate Change to ensure more effective Italian participation in international events and negotiations on environmental issues. 1.2 Regional Climate Change Legal Regimes Italy, as a member state of the EU, participates in the drafting of EU policies for combating climate change. In fact, EU Treaties, in particular Article 191 of the Treaty on the Functioning of the European Union (TFEU), identify “combating climate change” as an important objective of EU policy. Competence in this area is shared between the member states and the EU. The European Green Deal The European Commission’s political guidelines place climate action at the top of its agenda, in particular with the European Green Deal, announced on 11 December 2019.
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