L’ambiente sì, ma dove? Il problema della collocazione delle disposizioni ambientali nelle costituzioni europee

The environment yes, but where? The problem of the positioning of environmental provisions in European constitutions

Abstract

Whereas the inclusion of an express reference to the environment nowadays characterises most constitutions in Europe (and beyond), the choices made by European countries as to the part of the constitution in which to position the environmental provisions vary from State to State. While some countries expanded their bill of rights in order to include new-generation rights, other countries preferred to place the environmental protection among the constitutional basic principles or the State aims. What were the reasons for these choices and what were their consequences? This paper compares the choices made by European constitutions in this regard and carries out a topographical classification of environmental provisions. Greater focus is then devoted to the constitutions of Spain, Germany and France. Finally, the analysis reveals that the location of these provisions has not only symbolic but also legal significance, since it influences the effectiveness of environmental protection in different constitutional orders.