Ambiente e principio democratico. Qualche considerazione a partire dal d.lgs. n. 104 del 2017

Abstract

The paper analyzes the current structure of environmental governance, also in light of the new law on environmental impact assessment (Legislative Decree No. 104 of 2017), having specific regard to two major democratic issues. On the first side, the difficult relationship between technical legitimacy and political legitimacy of the decisions taken on environmental matters. On the second, the relations between the State and the Regions on the subject and the necessary guarantee of institutional pluralism.