Environmental protection in Italy and Europe

Starting from the definition of environment, we know that it has always referred to a place where we live. The term environment derives from the Latin "ambiens" whose meaning corresponds to the term "to surround", a term that highlights the dynamism that distinguishes the environment and is therefore complex to crystallize in a definition. Originally, the "polluter pays" principle was read from an economic perspective and only thanks to the action of European jurisprudence, the principle originally characterized by a programmatic content, later had a legal and binding meaning. The principle can also be found in law 349/1986 which deals for the first time with liability for fraud or negligence on the part of the agent, followed by the promulgation of the Ronchi decree, Legislative Decree no. 5 February 1997. 22 in which a shift from the criterion of subjective fault to the area of business risk was highlighted. In other words, the "polluter pays" principle unfolds, in a particular way, in the fundamental fulcrum of the assessment of the causal link: the latter translates into the finding that only the person who caused the damage, causing damage to the environment, is required to compensate for the same. If this discipline is not observed, the opposite effect would occur, whereby the consequences of such damage caused to the environment would weigh on the community. As regards, however, the environmental code, it can certainly be stated that the above principle finds its recognition in the sixth part. In particular, the rules regarding compensatory protection against damage to the environment include two different groups of disciplines: that is, on the one hand, a first group having as its object the rules regarding environmental prevention and restoration (articles 304 -310), and on the other hand, a second group of rules concerning compensation for environmental damage (articles 311-318). Furthermore, it cannot be overlooked that this code also repealed the art. 18 of law 349/1986. Furthermore, it also emerges that the "polluter pays" principle has always prevailed, especially considering the judge's continuous referrals to the European court, which has always guided national jurisprudence in the footsteps of this principle. In fact, it is no coincidence that with the latest rulings both the Plenary Assembly and the Council of State have applied the principle without problems. Despite this, the divergent position of that minority jurisprudence is undeniable, which diverges from this direction, therefore violating not only European legislation, but also our own.