Le misure amministrative di "enforcement" del principio di precauzione per la tutela dell'ambiente

The paper aims to examine the enforcement tools by which the legal system implements the precautionary principle. The precautionary principle requires to prevent even potential environmental risks, for which there is no scientific certainty. In this view the ministerial orders foreseen by Environmental Code are very significant, even if they raise issues of compatibility with the rule of law and the principle of dutifulness of administrative action. The paper investigates the substantive and procedural limitations in the field of administrative activity that took place in the pursuit of the precautionary principle, as well as the available remedies in case of illegitimate administrative measures or in case of unlawful failure of the same measures.