Proficuo, inutile o dannoso? Alcune riflessioni a partire dal nuovo testo dell’art. 41

Abstract

Useful, useless or harmful? Some reflections from the new text of Article 41 – The article analyses the new text of Article 41 of the Italian constitution, pointing out its innovative aspects and analysing its shortcomings. Above all, the article argues that the major innovations of the new text are in fact very little innovative, as they can already be deduced through interpretation from the previous text, also in light of the new Article 9. On the other hand, the legislator's choice appears to be not very courageous and, consequently, defective in not having strengthened the position of environmental stakeholders in public decision-making processes.