Le clausole intergenerazionali: strumenti di realizzazione della giustizia ambientale?

Abstract

This work aims to analyze the implications of the reform (L. Cost. 1/2022) that, modifying art. 9 and 41 of the

Constitution, has recognized for the first time explicitly the environment as a legal entity worthy of protection also

in the interest of future generations. Particularly, the reform has highlighted the need to analyse the relevance of

intergenerational clauses in the context of environmental constitutionalism. Consequently, the objective of this work

is to investigate the consequences of the reform in terms of jurisprudential application by the Constitutional Court,

drawing inspiration from the development already carried out by other Courts (in particular by the German Federal

Constitutional Court - BverfG), in order to affirm the possibility that the intergenerational responsibility clause can

be definitively used as a parameter of legitimacy in the judgments subjected to scrutiny by the constitutional judges.