February 2022 is an important month for the Italian Constitution, because it finally introduces the protection and protection of the environment, biodiversity and ecosystems in a clear, black and white way. A vital civic and constitutional value.
It does so by acting on two well-defined constitutional articles: 9 and 41.
Article 9 is part of the "fundamental" articles of the Constitution. It already contained the protection of the landscape heritage and the historical and artistic heritage of the Nation, with the reform the Republic also attributes the protection of the environment, biodiversity and ecosystems and explicitly specifies a principle of protection for animals.
The new change adds, highlighted here in bold:
Article 9
The Republic promotes the development of culture and scientific and technical research.
It protects the landscape and the historical and artistic heritage of the nation. It protects the environment, biodiversity and ecosystems, also in the interest of future generations. The law of the State regulates the ways and forms of animal protection.
The amendment to Article 41, on the other hand, establishes that health and the environment are paradigms to be protected by the economy, as well as safety, freedom and human dignity. And the same amended article also establishes how institutions, through laws, programs and controls, can steer public and private economic initiative not only towards social purposes but also towards environmental ones.
The new change adds, highlighted here in bold:
Article 41
Private economic initiative is free.
It cannot take place in conflict with social utility or in a way that could damage safety, freedom, human dignity, health and the environment.
The law determines the appropriate programs and controls so that public and private economic activity can be directed and coordinated for social and environmental purposes.
From today, therefore, the Italian Constitution includes environmental responsibility and human health for all economic activities, as well as the protection of the environment and its biodiversity on a broader spectrum, as the right and duty of every Italian citizen, thus creating the land fertile also for the definition and implementation of better and more effective regulatory instruments. A change that, moreover, immediately enters into force and is not subject to referendum, thanks to the approval of the majority of the Senate, two thirds, on November 3, 2021.
A Constitution that inspires everyone to a better way to go and that can also inspire other nations in the world.
From today the word "unconstitutional" takes on a new meaning.
