Francesco De Leonardis – Professore ordinario di Diritto amministrativo, Università degli Studi di Perugia -(af.deleonardis@studiodls.it)

SOMMARIO

1. The Italian constitutional reform of 2022: a model to be followed also in Europe?
2. The change of perspective in European policy documents.
3. The Circular Economy in European law.
4. The need to amend European Treaties.

In 2022 in Italy, for the first time in the history of the Republic, the initial part of the Constitution (that came into force in 1948) on fundamental principles was amended.
Constitutional Law n° 1/2022 has recently integrated article 9, which now states: «1. The Republic shall promote the development of culture and of scientific and technical research. 2. It shall safeguard the natural beauties and the historical and artistic heritage of the Nation. 3. It shall safeguard the environment, biodiversity and ecosystems, also in the interest of future generations. State law shall regulate the methods and means of safeguarding animals.» (new parts in italics).
The part of the Italian Constitution on “Economic Relations” (i.e., Title III of Part I on the “Rights and Duties of Citizens”) was also amended, specifically article 41, the text of which now states that «1. Private economic enterprise shall have the right to operate freely. 2. It cannot be carried out in conflict with social utility or in such a manner as may harm health, the environment, safety, liberty and human dignity. 3. The law shall determine appropriate programmes and checks to ensure that public and private economic enterprise activity be directed at and co-ordinated for social and environmental purposes» (new parts in italics)…

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