AMBIENTE E INIZIATIVA ECONOMICA PRIVATA NEL GOVERNO DELLA TRANSIZIONE VERDE. PRINCIPI E VALORI COSTITUZIONALI IN CHIAVE COMPARATA
type: CreativeWork
description: The doctoral thesis explores the constitutional relationship between environmental protection and private economic initiative. The research adopts a comparative perspective, focusing on the Italian and French legal systems, while also taking into account the broader framework of European Union law. The primary aim is to examine how constitutional principles and values can inform the governance of the green transition, ensuring a sustainable balance between economic development and environmental safeguarding. The dissertation is structured into two main sections. Section I investigates the constitutional foundations of the environment - enterprise nexus in Italy and France. In the Italian context, Constitutional Law No. 1/2022, which amended Articles 9 and 41 of the Constitution, represents a pivotal moment in redefining the legal equilibrium between ecological concerns and economic freedoms. This reform provides an opportunity to reflect more deeply on the implications of the newly enshrined constitutional protection of the environment, particularly in relation to Article 41. The analysis includes an in-depth examination of the Italian Constitutional Court’s case law - both before and after the reform - with a focus on the balancing techniques employed in key decisions that highlight the normative tensions between environmental protection, health, labor, and enterprise. In the French system, the analysis centers on the constitutional principle of liberté d’entreprendre and the 2005 Environmental Charter (Charte de l’Environnement), assessing how these principles interact, also through the lens of the Conseil Constitutionnel’s jurisprudence. Further attention is given to the 2021 proposal for constitutional reform aimed at strengthening environmental protection. Although ultimately unsuccessful, this initiative reflects an increasing constitutional awareness of the need to reconcile ecological imperatives with economic development - an evolution mirrored in positive…
abstract: The doctoral thesis explores the constitutional relationship between environmental protection and private economic initiative. The research adopts a comparative perspective, focusing on the Italian and French legal systems, while also taking into account the broader framework of European Union law. The primary aim is to examine how constitutional principles and values can inform the governance of the green transition, ensuring a sustainable balance between economic development and environmental safeguarding. The dissertation is structured into two main sections. Section I investigates the constitutional foundations of the environment - enterprise nexus in Italy and France. In the Italian context, Constitutional Law No. 1/2022, which amended Articles 9 and 41 of the Constitution, represents a pivotal moment in redefining the legal equilibrium between ecological concerns and economic freedoms. This reform provides an opportunity to reflect more deeply on the implications of the newly enshrined constitutional protection of the environment, particularly in relation to Article 41. The analysis includes an in-depth examination of the Italian Constitutional Court’s case law - both before and after the reform - with a focus on the balancing techniques employed in key decisions that highlight the normative tensions between environmental protection, health, labor, and enterprise. In the French system, the analysis centers on the constitutional principle of liberté d’entreprendre and the 2005 Environmental Charter (Charte de l’Environnement), assessing how these principles interact, also through the lens of the Conseil Constitutionnel’s jurisprudence. Further attention is given to the 2021 proposal for constitutional reform aimed at strengthening environmental protection. Although ultimately unsuccessful, this initiative reflects an increasing constitutional awareness of the need to reconcile ecological imperatives with economic development - an evolution mirrored in positive…
author: PADRIN, CHIARA
language: ita
keywords: transizione verde, libertà d'impresa, ambiente, revisione costituzionale, separazione dei poteri, impresa responsabile, climate change litigation, corporate social responsability, valori costituzionali., Settore GIUR-05/A - Diritto costituzionale e pubblico, Settore GIUR-11/B - Diritto pubblico comparato
date published: 2025-05-14
date modified: 2026-07-27T20:18:58Z
provider: Università degli Studi di Milano
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Università degli Studi di Milano

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property ID: Handle
value: https://hdl.handle.net/2434/1158486