Danno all'ambiente

Translated title of the contribution: [Autom. eng. transl.] They damage the environment

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The object of the essay is the new discipline of damage to the environment, contained in d. lgs. n. 152/2006. The novelty of the discipline consists of the part consisting in the implementation of the European directive of April 21, 2004, n. 35, which on the one hand has foregrounded prevention, on the other established a publicistic regime, which came to support the purely private one already provided for by art. 18 of the law n. 349/1986. The double regime thus established has created a basic difficulty, in particular in the discipline of compensation for damage, in relation to which the new regulation provides for it to be imposed, in a specific form or equivalent by the competent Minister, who can also continue to act in civil proceedings in view of the same compensation. The attribution to the administrative authority of the power to impose a typical civil effect such as compensation, consisting of an obligation, is characterized by being extremely precarious and even unconstitutional. The question of damages that can be compensated to private subjects, who remain victims of the environmental damage as a consequence, is also addressed.
Translated title of the contribution[Autom. eng. transl.] They damage the environment
Original languageItalian
Pages (from-to)379-392
Number of pages14
JournalVITA NOTARILE
Publication statusPublished - 2010

Keywords

  • danno all'ambiente
  • risarcimento del danno
  • risarcimento in forma specifica

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