La tutela dell'ambiente nel difficile bilanciamento tra diritti fondamentali ed esigenze economiche

Environmental Protection in the Hard Balance between Fundamental Rights and Economic Reasons The paper aims at investigating the role of environmental protection to settle the conflict between Economics and the multilevel system of human rights protection (the EU’s supranational level, the ECHR and the Italian law). The analysis shows a progressive shift towards a balancing operation wherein the parameters of proportionality and reasonableness are crucial, as they need to be applied by the Legislator in the formulation of the rules and then by the Judge in the interpretation of these latter to set the equilibrium point among all the interests considered. Finally, the case of the biggest European steel plant (Ilva, Taranto) is examined, which fully expresses the underlying tension between the needs of a healthy environment and Economics.