PERSPECTIVES OF THE ENVIRONMENTAL PROTECTION AS A FUNDAMENTAL RIGHT

The ongoing climate emergency is a global problem. The need for a common action to overcome it is felt with increasing urgency by the international community.

This awareness has often pushed the European legislators to recognize the environment as a fundamental right, and, even where it does not find an express recognition as such, the European Courts have shown that they give it the value of a fundamental right.

In this perspective, the Italian Constitution, after an important procedure of constitutional revision, has now provided for the protection of the environment among the principles at the basis of the Italian legal system.

The paper aims to highlight the aspects of convergence of the jurisprudence of the European Court of Human Rights and the Italian Constitutional Court to outline the content of the environmental protection and to explore the possible application problems of its express provision in the Italian constitutional text.