Il valore del paesaggio in una prospettiva multidisciplinare: il caso italiano tra strumenti di tutela tradizionali e nuove indicazioni della Corte di Giustizia dell’Unione Europea
Il valore del paesaggio in una prospettiva multidisciplinare: il caso italiano tra strumenti di tutela tradizionali e nuove indicazioni della Corte di Giustizia dell’Unione Europea

Summary/Abstract: The present article will deal with these issues: given as known the importance – even from a practical point of view – of extraordinary locus standi recognized in favor of environment protection associations, as far as landscape measures are concerned, meaning and being of landscape itself according to the Italian Constitution will be examined. These matters have been broadly discussed; their common ground is a belief that landscape is referred as a part of the environment. Finally, a new reconstruction of locus standi criterion will be suggested according to international treaties, legal sources and courts and also into in a compared view with the Slovak system. According to these suggestions, everyone who enjoys landscape should be endowed with locus standi to react against administrative measures, which can cause its damage, also not directly. This point of view can find support in a recent sentence of the Court of Justice of the European Union that has stated – with a point of view basedon Central European national discipline – that a limitation, as far as environment protection associations are concerned in proceedings and trials about the environment, is not correct because it is against the principle of effective protection.

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