The ILVA disaster: a study of environmental liability in Italy

Gabriella Marcatajo

Journal of Financial Crime, 2021, vol. 28, issue 4, 1044-1052

Abstract: Purpose - The purpose of this paper is to propose a reflection on the importance of individual environmental protection, which recognizes the right of every citizen to take action to obtain compensation for environmental damage, as a damage to his or her existential condition. One of the most discussed environmental issues in Italy today is the lack of personal protection because the European legislator has provided for a public protection of environmental damage. Design/methodology/approach - Design/methodology/approach based on the analysis of a well-known environmental disaster, the case of ex Ilva, the author shows how in Italy there is a dangerous lack of protection in environmental matters that contrasts with the consideration of the environment as a fundamental constitutional value of Italian and European law and the affirmation of the principle of sustainable development. Findings - Findings the reconstruction of the environment as a common good aimed at realizing the fundamental needs of the person according to the theory of common goods and damage to the environment as an existential damage finds in the pronouncement of the European Court relevant confirmations. As a result of an individual legitimation alternative to the choice of the European legislator to confine the protection in the public sector. Originality/value - This work will examine recent Italian cases concerning environmental disaster, the case of ex Ilva. This paper is the original work of the author and has not been submitted elsewhere for publication.

Keywords: Commons; Environment; Sustainable development; Existential damage; Personal damage (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:jfc-07-2020-0143

DOI: 10.1108/JFC-07-2020-0143

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