In a world in which environmental policy tries to guarantee sustainable development for future generations, States aim to limit the waste of raw materials and reduce pollution through proper waste management. The study aims to analyze the legal notion of "waste" and check whether it should be considered a source of disutility or a positive source of usefulness.The study starts with the analysis of EU legislation, which has obliged the Member States to incorporate the principles set out in it. In Italy, this led to the formulation of an organic law on waste after a troubled legislative process that resulted first in Legislative Decree no. 22/97 and subsequently in Legislative Decree no. 152 of April 3, 2006. On the basis of the analysis, it will be verified whether technologies allow the use of waste which, through processes of reuse, recovery and/or recycling, can be transformed into a useful resource. Moreover, nor will the analysis neglect cases of the illegal abandonment and disposal of waste, which negatively affect important community values. The approach outlined in this study is mainly theoretical; from a practical and applicative point of view, the interventions of case law are often conflicting rather than illuminating. The interaction between public and private interests has led legislators to formulate extremely diverse rules regarding waste, with the consequence that one must disentangle the confusing mass of internal and community legislation. The problem of liability arising from environmental offenses for which the legislator has foreseen the possibility of reconstituting the quo ante situation (compensation in a specific form) or the adoption of complementary and compensatory remedial measures is relevant. The second analytical profile regards the environmental damage caused to individual assets owned by the public or private sector, or protected individual subjective positions pursuant to Article 2043 of the Italian Civil Code.

Waste. A Source of Utility or Disutility?

Maria Francesca Tommasini
2019-01-01

Abstract

In a world in which environmental policy tries to guarantee sustainable development for future generations, States aim to limit the waste of raw materials and reduce pollution through proper waste management. The study aims to analyze the legal notion of "waste" and check whether it should be considered a source of disutility or a positive source of usefulness.The study starts with the analysis of EU legislation, which has obliged the Member States to incorporate the principles set out in it. In Italy, this led to the formulation of an organic law on waste after a troubled legislative process that resulted first in Legislative Decree no. 22/97 and subsequently in Legislative Decree no. 152 of April 3, 2006. On the basis of the analysis, it will be verified whether technologies allow the use of waste which, through processes of reuse, recovery and/or recycling, can be transformed into a useful resource. Moreover, nor will the analysis neglect cases of the illegal abandonment and disposal of waste, which negatively affect important community values. The approach outlined in this study is mainly theoretical; from a practical and applicative point of view, the interventions of case law are often conflicting rather than illuminating. The interaction between public and private interests has led legislators to formulate extremely diverse rules regarding waste, with the consequence that one must disentangle the confusing mass of internal and community legislation. The problem of liability arising from environmental offenses for which the legislator has foreseen the possibility of reconstituting the quo ante situation (compensation in a specific form) or the adoption of complementary and compensatory remedial measures is relevant. The second analytical profile regards the environmental damage caused to individual assets owned by the public or private sector, or protected individual subjective positions pursuant to Article 2043 of the Italian Civil Code.
2019
978-83-7285-890-0
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11570/3148578
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