The article takes as its starting point the analysis of the Integrated Pollution prevention and Control (IPPC) European and domestic discipline, recently amended, examining the different aspects under the double view of the environmental conservation and the procedural simplification. Therefore, the paper draws attention to the strength and weak procedural points, dwelling on the particular relationship existing between IPPC and Environmental Impact Assessment (EIA), underlining how, in this case, the procedural unification can bring negative effects to the overall environmental conservation. Than, the author points out that some simplification models are absolutely consistent with the primary aim represented by the environmental conservation: in particular, it has to be admitted both to intervene on the procedural complexity and to bring in coordination systems between authorities involved. That being stated, the author concludes that the IPPC can represent a simplification legal institute only if we interpret simplification not as a value in itself – merely directed to expedite procedure – but as application of adequate measures to achieve more effectively the legal result specified in the law, result which, in this case, is represented by the environmental conservation.

Semplificazione procedimentale ed esigenze di tutela dell'ambiente: l'autorizzazione integrata ambientale

CALABRO', Marco
2012

Abstract

The article takes as its starting point the analysis of the Integrated Pollution prevention and Control (IPPC) European and domestic discipline, recently amended, examining the different aspects under the double view of the environmental conservation and the procedural simplification. Therefore, the paper draws attention to the strength and weak procedural points, dwelling on the particular relationship existing between IPPC and Environmental Impact Assessment (EIA), underlining how, in this case, the procedural unification can bring negative effects to the overall environmental conservation. Than, the author points out that some simplification models are absolutely consistent with the primary aim represented by the environmental conservation: in particular, it has to be admitted both to intervene on the procedural complexity and to bring in coordination systems between authorities involved. That being stated, the author concludes that the IPPC can represent a simplification legal institute only if we interpret simplification not as a value in itself – merely directed to expedite procedure – but as application of adequate measures to achieve more effectively the legal result specified in the law, result which, in this case, is represented by the environmental conservation.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11591/198877
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