This study aims to analyse, starting from the legal notion of environment present among the fundamental principles of the Italian Constitution, the new perspectives of environmental criminal protection, through the current adoption of a model of advance protection, in connection with the effectiveness of the precautionary principle. In this regard, the content of Directive (EU) 2024/1203, issued on 11 April 2024, which reforms the criminal protection of the environment, will be analysed in relation to the possible implementation of the new crime of “ecocide”, also in consideration of the recent sentence issued by the European Court of Human Rights in the case Cannavacciuolo and others v. Italy.
Le nuove prospettive del diritto penale ambientale nel quadro della recente Direttiva (UE) 2024/1203. Profili introduttivi
Luca Mazza
2025
Abstract
This study aims to analyse, starting from the legal notion of environment present among the fundamental principles of the Italian Constitution, the new perspectives of environmental criminal protection, through the current adoption of a model of advance protection, in connection with the effectiveness of the precautionary principle. In this regard, the content of Directive (EU) 2024/1203, issued on 11 April 2024, which reforms the criminal protection of the environment, will be analysed in relation to the possible implementation of the new crime of “ecocide”, also in consideration of the recent sentence issued by the European Court of Human Rights in the case Cannavacciuolo and others v. Italy.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


