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C40.CU4.05

Climate change litigation and the recent constitutional reforms

  • Reference person
    Lino
    Panzeri
    lino.panzeri@uninsubria.it
  • Host University/Institute
    Università degli Studi dell'Insubria
  • Internship
    N
  • Research Keywords
    Environmental protection
    Climate change
    Italian constitutional reforms
  • Reference ERCs
    SH7_6 Environmental and climate change, societal impact and policy
  • Reference SDGs
    GOAL 10: Reduced Inequality
    GOAL 13: Climate Action
    GOAL 15: Life on Land
  • Studente
  • Supervisor
  • Co-Supervisor

Description

The issue of environmental protection poses multiple challenges to the law and has prompted reflection on the appropriateness of its constitutionalization. This debate has also concerned Italy, where, despite the lack of specific references in the Constitution that came into force in 1948, environmental protection has nevertheless received a constitutional foundation over time thanks to the valuable contribution of the Constitutional Court case law.In light of this development the Constitutional law No. 1/2022 should be read. This reform raised multiple questions, relating not only to the appropriateness of affecting the Fundamental Principles of the Constitution and its qualification as a "budget" or "program" revision, but also with reference to its potential.The PhD project, from a constitutionalist perspective, can be of interest from two points of view: on the one hand, to reconstruct, also from a comparative point of view, the constitutional amendments made in recent years, their nature and consequent prospects; on the other hand, to elaborate the case law of the European Court of Human Rights and the Courts of other European Countries, in an attempt to identify points of contact, mutual interactions and prospects for dialogue.

Suggested skills:

The research requires knowledge of constitutional law and comparative law; a willingness to explore the topic in an interdisciplinary manner is also required. The research will be run in Italian and in English.

Research team and environment

Research Team of the Department of Law, Economics and Cultures, University of Insubria (Research Team with an interdisciplinary approach)