This work stems from statement of how the attempt to go beyond the traditional instrument of command and control has finally led to the increasingly evident assertion of economic instruments in the legal protection of the environment, in order to manage the environment in line with the principle of sustainable development. However, it must be pointed out that – even in this new perspective – it is not possible to do without traditional instruments considering the fact that the market is not capable, if left to itself, of protecting the public interests and, moreover, often the guarantee offered by the private sector is insufficient. Therefore, the legal system must envisage new forms of administrative action which reconcile efficiency and effectiveness while guaranteeing citizens and environmental protection. Since, we can easily see that in some recently introduced rules an accurate and articulate public law is necessary so that growing expansion and not a recession of administrative law can be recorded, as supposed by the doctrine by means of the entry of private instruments in an area that has always been governed by administrative law. In the laws regarding legal settlement concerning environmental damage introduced in 2009, for example, it is the accurate public law that guarantees the participation and convenience of the citizen, just like in the sector of trading emissions, while in the banking sector – which is based on commercial law – the administrative rules to protect the environment are increasingly mutually responding.

Gli strumenti privatistici nella tutela amministrativa dell’ambiente

MASTRODONATO, Giovanna
2010-01-01

Abstract

This work stems from statement of how the attempt to go beyond the traditional instrument of command and control has finally led to the increasingly evident assertion of economic instruments in the legal protection of the environment, in order to manage the environment in line with the principle of sustainable development. However, it must be pointed out that – even in this new perspective – it is not possible to do without traditional instruments considering the fact that the market is not capable, if left to itself, of protecting the public interests and, moreover, often the guarantee offered by the private sector is insufficient. Therefore, the legal system must envisage new forms of administrative action which reconcile efficiency and effectiveness while guaranteeing citizens and environmental protection. Since, we can easily see that in some recently introduced rules an accurate and articulate public law is necessary so that growing expansion and not a recession of administrative law can be recorded, as supposed by the doctrine by means of the entry of private instruments in an area that has always been governed by administrative law. In the laws regarding legal settlement concerning environmental damage introduced in 2009, for example, it is the accurate public law that guarantees the participation and convenience of the citizen, just like in the sector of trading emissions, while in the banking sector – which is based on commercial law – the administrative rules to protect the environment are increasingly mutually responding.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11586/49815
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