La tutela dell'ambiente come diritto della persona

Abstract

In this essay the author proposes a reconstruction of the environment as a right of the person and of environmental damage as an existential damage aimed at filling that void of protection in environmental matters denounced by the internal and European courts. In particular, in the Italian legal system, the absence of remedies that allow the individual affected person to obtain compensation protection reveals, on the basis of current legislation, within the Italian legal system, a dangerous vacuum of protection. According to the author, the legitimacy of the injured party could be derived from a parallel reconstruction of the environmental damage that, regardless of the legislative configuration, identifies it as damage to the quality of life, in accordance with the enhancement of the environment as a fundamental right of the person, operated by jurisprudence and confirmed by the principles of domestic and European legislation. In this perspective, the author identifies in the reform of the commons, currently under consideration by Parliament, the opportunity to introduce a specific discipline for the private protection of the environment. According to the author, in addition to the public legitimacy of the State, in the person of the Ministry of the Environment, provided for by the special environmental legislation, the reformed civil code could still establish the individual legitimacy of the person injured by a phenomenon of environmental damage, as damage to an individual existential condition