Giovanna Endrici

La tutela dell'ambiente urbano

  • Abstract

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The work deals with the urban environment, with particular reference to the effects of motor vehicle traffic. In the first part the subject is examined in relation to the relevant constitutional principles, as well as those underpinning environmental law, which overall do not appear to adequately inform the related protective action. For a variety of reasons concern for the environment at the urban level today in fact appears intrinsically weak. The investigation then turns to the relation between technique and policy, re-presenting a crucial point in environmental law, also important for the theme forming the object of the investigation. Next and more specifically, the problem of the regulation of the urban environment is examined: consideration in this respect is given to the ends, instruments and arrangement of the competencies within the present normative framework. The insufficiency of the instruments of a traditional nature, however indispensable, points up the need to broaden the range of available tools to include economic regulation, from the standpoint of complementariness. A further problematic area appears to be the insufficient cogency of environmental standards, often outdated. Regarding the role of the subjects, the principle of shared accountability reveals all its pregnancy, in terms of both public and private subjects. In conclusion, it is pointed out how regulation is growing in the environmental sector, including as regards the urban environment; no-netheless, in order to reach a more satisfactory level of protection a profound change in outlook is required, in conformity with the principles in force in the matter.

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