Search results for "Environmental liability"
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La tutela dell'ambiente come diritto della persona
2021
In this essay the author proposes a reconstruction of the environment as a right of the person and of environmental damage as an existential damage aimed at filling that void of protection in environmental matters denounced by the internal and European courts. In particular, in the Italian legal system, the absence of remedies that allow the individual affected person to obtain compensation protection reveals, on the basis of current legislation, within the Italian legal system, a dangerous vacuum of protection. According to the author, the legitimacy of the injured party could be derived from a parallel reconstruction of the environmental damage that, regardless of the legislative configur…
THE ILVA DISASTER: A STUDY OF ENVIRONMENTAL LIABILITY IN ITALY
2021
Purpose The purpose of this paper is to propose a reflection on the importance of individual environmental protection, which recognizes the right of every citizen to take action to obtain compensation for environmental damage, as a damage to his or her existential condition. One of the most discussed environmental issues in Italy today is the lack of personal protection because the European legislator has provided for a public protection of environmental damage. Design/methodology/approach Design/methodology/approach based on the analysis of a well-known environmental disaster, the case of ex Ilva, the author shows how in Italy there is a dangerous lack of protection in environmental matte…