ITALIAN CONSTITUTION AND ENVIRONMENTAL PROTECTION

In the Official Gazette no. 44 of February 22, the Constitutional Law of February 11, 2022, n. 1 , containing "Amendments to articles 9 and 41 of the Constitution regarding environmental protection".  

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In the midst of the global climate crisis and after years of proposed parliamentary discussions and debates among jurists, environmental protection has officially entered the Italian Constitution.

The Chamber definitively approved the bill amending two constitutional articles, 9 and 41, in order to protect the environment, biodiversity, animals and ecosystems, also in the interest of future generations.

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It is the first time that the first part of the Constitution (consisting of the first 12 articles) has been modified , that is, the one concerning the fundamental principles of the nation. The text obtained 468 votes in favor, one against and six abstentions. The reform, which had already been approved by the Senate in second reading in November 2021, immediately enters into force and is not subject to referendum (as it was voted by more than two thirds of the Parliament).

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Here's how the two articles of the Constitution change:

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Article 9 : “The Republic promotes the development of culture and scientific and technical research. It protects the landscape and the historical and artistic heritage of the nation. It protects the environment, biodiversity and ecosystems, also in the interest of future generations. State law regulates the methods and forms of animal protection ".

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Article 41 : Private economic initiative is free. It cannot take place in conflict with social utility or in a way that could damage safety, freedom, human dignity, health or the environment. The law determines the appropriate programs and controls so that public and private economic activity can be directed and coordinated for social and environmental purposes ".