Such approach may bring about (also in the tourism sector) disruptive effects. Indeed, without prejudice to the provision of Article 18 of Regulation (EU) 2021/241 and the need that Member States provide a DNSH assessment for each reform and each investment included in the RRP, the case-law at stake seems to identify a distinction according to whether those measures having an impact on areas (i) already interested by previous interventions (having the same or a similar nature) or (ii) not yet affected by them. It is clear that the lawfulness of previous (similar) interventions on the same area (including EIAs) does not automatically imply that no further assessment (including the one related to the DNSH) has to be carried out. Previous assessments may be very useful for the new required compliance activity, as it can leverage (in some extent) on previous studies and preparatory documents of the relative administrative procedures; but such documents cannot supersede the analysis required by the new measures in the light of Article 18 of the RRF Regulation. VI. FINAL REMARKS The European Union legal system has codified the environmental protection as a transversal criterion80, paving the way for institutional and (in some cases) constitutional reforms.81 Within such scenario, the DNSH is gradually gaining importance into regional legal systems, like the EU one. From a well-established principle in international law, DNSH is getting a more and more autonomous dimension as EU (and multilevel) environmental principle. The DNSH aims at reorienting the economy towards sustainability. It brings about a paradigm shift and implies an ex ante approach in terms of reasoning. The DNSH requires that whatsoever economic activity (including those related to the tourism sector) has to be re-designed. The EU institutions seem to refrain from giving full implementation to such principle, given the disruptive reach of it. Notwithstanding, the principle in word has been incorporated into numerous EU legal acts. This shows that the DNSH is gradually gaining wide importance, also in the tourism sector, although 80 See Article 37 of the EU Charter, Green Deal, DNSH principle. 81 In Italy, see Constitutional Law 11 February 2022, No. 1 that has amended articles 9 and 41 of the Constitution. 125 THE “DO NO SIGNIFICANT HARM” (DNSH) PRINCIPLE IN THE MULTILEVEL LEGAL SYSTEM
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