Le nuove prospettive del diritto penale ambientale nel quadro della recente Direttiva (UE) 2024/1203. Profili introduttivi

Abstract

The new perspectives of environmental criminal law in the framework of the recent Directive (EU) 2024/1203. Preliminary aspects – This study aims to analyse, starting from the legal notion of environment present among the fundamental principles of the Italian Constitution, the new perspectives of environmental criminal protection, through the current adoption of a model of advance protection, in connection with the effectiveness of the precautionary principle. In this regard, the content of Directive (EU) 2024/1203, issued on 11 April 2024, which reforms the criminal protection of the environment, will be analysed in relation to the possible implementation of the new crime of “ecocide”, also in consideration of the recent sentence issued by the European Court of Human Rights in the case Cannavacciuolo and others v. Italy.

Keywords: Environmental criminal protection; Precautionary principle; Directive (UE) 2024/1203; Ecocide; Terra dei Fuochi