La modifica degli artt. 9 e 41 Cost. in tema di ambiente: spunti dal dibattito francese sulla Carta dell’ambiente del 2004 tra diritti e principi

Abstract

The amendment of Articles 9 and 41 of the Italian Constitution on the environment: insights from the French debate on the 2004 Environment Charter between rights and principles - This paper analyses the ongoing revision of Articles 9 and 41 of the Italian Constitution, based on the constitutional revision process carried out in France between 2003 and 2005, which led to an Environment Charter referred to in the Preamble of the 1958 Constitution. The French reform, like the current Italian reform, also stemmed from the need to introduce environmental protection standards into the constitutional norms. The comparison relates to the revision process, the contents, but also the nature of the new constitutional provisions as rights or as principles, a theme that was very much present in the French constitutional debate, in Italian doctrine somewhat outdated, but re-emerged in the current constitutional reform.