Sustainable development enters fully among the goals of the Italian Republic, thanks to the reform of Articles 9 and 41 of the Constitution. In particular, the Constitutional Charter is updated with respect to the goals of protecting the environment, biodiversity and ecosystems, and animal and human health.
The impact of this reform may be significant, also taking into account the competing competencies of regions, autonomous provinces and local authorities. The constitutionality of primary and secondary sources of law, as well as ongoing administrative acts and proceedings, should then be scrutinized.
However, democracy in Italy is still flawed. Under the checkmate of a power group, the Coldiretti magic circle, that commands politics and interferes with public administration in areas crucial to the protection of the environment, health and animal welfare. #CleanSpades
1) Sustainable development, the reform of the Italian Constitution in 2022
1.1) Foreword
On 8.2.22 the House of Representatives gave final approval, with a two-thirds majority of its members, to the constitutional bill already approved by the Senate. Thelegislative process is thus concluded. The text reforms Articles 9 and 41 of the Constitution, inserting:
– environmental protection, biodiversity and ecosystems among the basic principles,
– protection of all animals, with criteria to be defined by state law.
1.2) Article 9. Culture, research, landscape, historical and artistic heritage
Article 9 of the Italian Constitution crystallizes the duties-for the state and the regions, in matters subject to concurrent and exclusive legislation (see section 2.2 below)-to:
– Promote the development of scientific and technical culture and research,
– Protect the nation’s landscape and historical and artistic heritage.
1.3) New Article 9. Environment, biodiversity and ecosystems, animal health and animal welfare
The new Article 9 extends the responsibilities of the state – as well as regions, autonomous provinces and local authorities, within their respective areas of competence – to the protection of ‘environment, biodiversity and ecosystems, including in the interest of future generations. State law should also regulate the ways and means of animal protection.’
The responsibilities of central, regional and local government agencies in Italy are thus expanded in a direction that considers the environment:
– in its current value, on par with landscape, historical, artistic and cultural heritages,
– in the perspective of sustainable development, as early as 1987 referred to as the condition of ‘ensuring that the needs of the present generation are met without compromising the ability of future generations to realize their own‘ (Brundtland Report, Our Common Future).
1.4) Article 41, freedom and limits of private economic initiative
Private economic initiative is affirmed as ‘free,’ in Article 41 of the Constitution, as long as it is not ‘contrary to social utility or in such a way as to be detrimental to security, freedom and human dignity.’ A freedom that is moreover vague, in the country-symbol of bureaucracy and distortions of competition. (1)
Limits on freedom of economic initiative are now extended to include damage to health and theenvironment. The law must determine appropriate programs and controls so that public and private economic activity can therefore be directed and coordinated for social purposes and also, with the novella, for environmental purposes.
2) Concurrent legislation
Constitutional Law 18.10.01 No. 3, it will be recalled, assigned to the regions legislative competence over all matters not explicitly reserved to the state.
Therefore, Article 117 of the Constitutional Charter distinguishes the matters subject to legislative power:
– exclusive rights of the state, on ‘protection of the environment, ecosystem and cultural heritage‘ (and in various other areas indicated in the first paragraph),
– exclusive rights of the regions (in any matter not reserved to the state),
– competitor. The state is responsible for defining the ‘fundamental principles‘ and the regions for legislating, on that basis, in the matters to follow.
2.1) Concurrent legislation, subjects
Concurrent legislation of state and regions is provided in Article 117.2 of the Constitution for the following matters:
– relations, international and with the EU, of the Regions,
– foreign trade,
– labor protection and safety,
– education, subject to the autonomy of educational institutions and excluding vocational education and training,
– professions,
– Scientific and technological research and innovation support for productive sectors,
– health protection,
– power supply,
– SPORTS ORDER,
– civil protection,
– land governance,
– Ports and civil airports,
– major transportation and navigation networks,
– communication ordering,
– National energy production, transportation and distribution,
– Supplementary and supplementary pensions,
– Harmonization of public budgets and coordination of public finance and tax system,
– Enhancement of cultural and environmental heritage and promotion and organization of cultural activities,
– Savings banks, rural banks, credit companies with regional character,
– Land and agricultural credit institutions of regional character.
2.2) Concurrent legislation, modalities
The Regions and Autonomous Provinces of Trento and Bolzano, in matters within their competence, exclusive and concurrent (in the latter case, in compliance with the fundamental principles established by State laws):
– Participate in decisions suitable for the formation of EU regulatory acts, and
– Provide for the implementation and enforcement of international agreements and acts of the European Union.
2.3) Regulatory power and administrative functions.
Regulatory power is vested:
– to the state in matters of exclusive legislation, subject to delegation to the regions,
– to the regions in all other matters,
– to municipalities, provinces and metropolitan cities, for the organization and performance of the functions assigned to them.
Administrative functions ‘are attributed to municipalities unless, in order to ensure their unitary exercise, they are conferred on provinces, metropolitan cities, regions and the state, based on the principles of subsidiarity, differentiation and adequacy‘ (Constitution, Article 118).
Municipalities, provinces and metropolitan cities hold their own administrative functions and those conferred by state or regional law, according to their respective competencies. Like the regions, they have financial (revenue and expenditure) autonomy and autonomous resources (Articles 118,119).
3) European treaties and rules, governance
The Italian Republic and its related public and private entities are themselves subject to the Treaties and European rules. As well as to their official interpretation – binding on all judges in the EU, of all ranks and levels – by the European Court of Justice. These norms, it should be noted, rank higher than constitutional norms in the hierarchy of sources of law.
In 1987-at the dawn of the Fourth European Environment ActionProgram (EAP)-a new chapter of the Treaty on the Functioning of the European Union (TFEU) was introduced, devoted precisely to environmental protection (current Articles 191 to 193, in addition to Article 11). And the EU has primary competence in all areas of environmental policy.
3.1) The environment in the Treaty for the Functioning of the European Union (TFEU).
‘The Union’s environmental policy contributes to the following objectives:
– Preservation, protection and improvement of the quality of the environment,
– Protection of human health,
– Shrewd and rational utilization of natural resources,
– Promotion at the international level of measures designed to solve regional or global environmental problems and, in particular, to combat climate change.
The Union’s environmental policy aims at a high level of protection, taking into account the diversity of situations in different regions of the Union. It is based on the principles of precaution and preventive action, the principle of correcting, as a priority at the source, damage caused to the environment, and the“polluter pays” principle’ (TFEU, Article 191).
3.2) European governance
European governance was introduced in 2001 with the White Paper of the same name. (2) And it has been developed over the past two decades to pursue the two essential goals of:
– transparency, in relations between the social partners concerned (public and private entities of all sorts) and the European institutions. Also through the establishment of the
EU Transparency Register
,
– Participation of all stakeholders (the social partners, including individual citizens) in EU formation paths of policies, rules and their implementing acts. Drafts of which are now always subject to public consultation(Have your say).
4) Spoiled Democracy
This novella brings the Italian Constitutional Charter closer to the reforms introduced 35 years ago in the TFEU, which already stands above the Constitution. Repetita juvant, in any case, in a country where not even the Council of State seems to have learned the official value of the interpretation of the European Court of Justice. (3)
The problem, however, is a different one. The culture of European law-still lacking, as shown by the case of the ex lege expiration of fresh milk, contrary to EU rules as well as a cause of food waste with a negative impact on the environment (4)-is compounded by that of governance, whose shortcomings often clash with environmental goals.
4.1) Transparency and governance, the Italian trouble.
Transparency and governance remain Italy’s worst trouble, as noted earlier, in politics and public administration. (5) So for example, Coldirette policies have diverted every NRP resource allocated to agriculture–for soil and water protection(drinking and agricultural), biodiversity and animal welfare–to photovoltaic panels, logistics and innovation/mechanization. (6)
1.5 billion euros that would have been needed to cut down on the use of pesticides and build stables for cattle still reared ‘in the chain’ (including in the Parmigiano Reggiano and Grana Padani PDO supply chains) will instead go to those who make photovoltaic panels whose Life Cycle Assessment is anything but environmentally friendly. Most importantly, it has nothing to do with agricultural production. (7)
4.2) Cement, road logistics, waterless stable lawns.
Cementification of rural areas is another phenomenon of absolute gravity that has, among its protagonists, some distinguished representatives of Coldiretti. Two cases are cited in that Emilia-Romagna today is more gray than red, under the leadership of a Stefano Bonaccini blessed by Sardines:
– 73 hectares of wetland protected under the Habitats Directive, as well as the last historic Emilian rice field, in Malalbergo. Mauro Tonello – former president of Coldiretti Emilia-Romagna and v.president of national Coldiretti, now president of Società Italiana Sementi, SIS SpA, claims the right to ‘do business’ by selling to a French holding company aspiring for a concrete pour on 516,000 square meters of agricultural land to build a road logistics center, (8)
– 36 hectares of agricultural land in the municipalities of Reggio Emilia, Correggio and San Martino in Rio have just been invested by concrete, instead, to house an electric car industry. Coldiretti Modena President Luca Borsari among the protagonists of the big deal. (9)
In contrast, the stable meadows of the Val d’Enza-where the cows that form the basis of the Parmigiano Reggiano supply chain graze-are forced on a water diet based on water from the Po River, brought upstream with one of the most energy-intensive pumps on the old continent. Indeed, the plan of Coldiretti and the politicians it commands is not to build dams tailored to the needs of the people but rather many, small locks. (10) Which, if anything, will serve to increase debts to Europe, and generate seats in new consortial bureaucracies.
5) Interim Conclusions
Before celebrating, it seems reasonable to expect Italy to solve the problems highlighted above. Starting with the National Action Plan (NAP) pesticides whose only draft (2019), moreover never adopted, is in blatant conflict with the Italian Constitution. This and other structural woes were noted in the UN Special Rapporteur’s report 13.12.21 on the human rights implications of the environmentally sound management and disposal of hazardous substances and wastes. (11)
Concerned citizens and social partners have the right to be informed about current regulatory projects and participate in public consultations. Urban planning tools need to be reviewed in light of the reform, as well as EU strategies, regulations and directives that Bel Paese still neglects. Not surprisingly, still at the bottom of the ranking of member states for levels of directive transposition and adoption of technical standards in the environmental field.
What about green procurement? Ad maiora
Dario Dongo
Notes
(1) About the distortions of competition ignored by the Antitrust Authority, a couple of examples out of all:
– the production plans of the consortia for the protection of Italian PDO cheeses (see previous article on Grana Padano and Parmigiano Reggiano)
– AGEA resolution 6.12.20 no. 25 with which Gabriele Papa Pagliardini, its director as well as a member of Coldiretti’s magic circle, tried to exclude freelancers from handling files for aid in agriculture (see article)
(2) European Commission. European governance, White Paper. 12.10.01. COM/2001/0428 final. https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=celex%3A52001DC0428#
(3) An example of significant environmental impact, with regard to food waste prevention, in the previous article Precooked bread, the State Council edict and EU food safety rules. GIFT(Great Italian Food Trade). 10.11.21, https://www.greatitalianfoodtrade.it/mercati/pane-precotto-l-editto-del-consiglio-di-stato-e-le-regole-ue-sulla-sicurezza-alimentare
(4) Dario Dongo. Food waste, our battle over fresh milk. GIFT(Great Italian Food Trade). 7/24/19, https://www.greatitalianfoodtrade.it/consum-attori/sprechi-alimentari-la-nostra-battaglia-sul-latte-fresco
(5) Dario Dongo. Transparency and governance, what ministerial work and government acts lack. FARE(Food and Agriculture Organization). 4.2.17, https://www.foodagriculturerequirements.com/approfondimenti_1/trasparenza-e-governance-ciò-che-manca-a-lavori-ministeriali-e-atti-di-governo
(6) Dario Dongo. National pesticide action plan, sustainable agriculture and NRP. GIFT (Great Italian Food Trade). 4.2.22, https://www.greatitalianfoodtrade.it/sicurezza/piano-di-azione-nazionale-pesticidi-agricoltura-sostenibile-e-pnrr-vanghepulite
(7) The most environmentally friendly energy production, in the logic of, among other things, the circular economy, is probably biodigesters. Which must be fed by agricultural activities and maintenance of green and rural areas, useful for food sovereignty and prevention of hydrogeological hazards. But the priority of vested interests seems to have nothing to do with logic and ecology
(8) Marta Strinati, Dario Dongo. Concrete rain on Bologna’s historic rice field. #CleanSpades. GIFT (Great Italian Food Trade). 1.7.21, https://www.greatitalianfoodtrade.it/sicurezza/pioggia-di-cemento-sulla-risaia-storica-bolognese-vanghepulite
(9) Faw Silk plant, Reggio Emilia land is owned by Modena. The Press. 4.4.21, https://www.lapressa.it/articoli/economia/stabilimento-faw-silk-il-terreno-reggiano-di-propriet-modenese
(10) Dario Dongo. Vetto dam to save Parmigiano Reggiano’s stable meadows. GIFT(Great Italian Food Trade). 8/24/21, https://www.greatitalianfoodtrade.it/progresso/la-diga-di-vetto-per-salvare-i-prati-stabili-del-parmigiano-reggiano
(11) Dario Dongo. Human rights and pesticides, PFAS, hazardous waste. OHCHR audit in Italy. GIFT (Great Italian Food Trade). 1.1.22, https://www.greatitalianfoodtrade.it/idee/diritti-umani-e-pesticidi-pfas-rifiuti-pericolosi-audit-ohchr-in-italia
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
