Abstract

This article examines Constitutional Court ruling no. 105, issued in June 2024, which marked the first judicial interpretation of the 2022 constitutional amendment on environmental matters. The case arose in connection with the preventive seizure of the IAS S.p.A. wastewater treatment plant in Priolo Gargallo.

The article first analyzes the scope of the constitutional reform, arguing that while it introduced some positive changes, it did not bring substantial novelties to the Italian legal system. It then examines the Court’s ruling in relation to the reform, challenging the notion that it represents a landmark decision. On the contrary, the ruling only marginally addressed environmental protection, offering no meaningful interpretation or application of the new constitutional provisions.

Demonstrating excessive deference to political power, the Court issued a decision reminiscent of its previous ruling in the Ilva case, once again prioritizing economic interests over environmental concerns. This approach disregards both the crucial role of constitutional jurisprudence in shaping legal evolution and the obligations derived from international and EU law, despite their formal acknowledgment.

Table of Contents

1. Introduction
2. The Constitutional Reform of 2022: The Environment Enters the Constitution
   • Lights and Shadows of the Constitutional Reform
3. The Priolo Case
   • Facts
   • Law
4. Comments on the Court’s Ruling
5. The Relationship Between the Constitutional Reform and the Court’s Ruling
6. Conclusions