In this context, the environment becomes the engine of a profound and structural transformation of the European economy and society, embodying what the European Commission has termed “a new growth strategy.”48 The right to a healthy environment, codified in Article 37 of the Charter, thus finds in the Green Deal its operational and programmatic dimension, emerging as a fundamental component of an integrated system of protection for both individuals and the environment within the European legal order. This European dynamic has also found significant expression at the national level. Italy, in particular, has provided a significant example in the European context with regard to the constitutionalization of environmental rights, through the constitutional reform definitively approved in 202249. This reform affected two fundamental articles of the Constitution, marking a historic step forward in the constitutional protection of the environment. Article 9 of the Constitution, traditionally dedicated to the promotion of culture, scientific and technical research, and the protection of the landscape and historical-artistic heritage, was amended by adding a new paragraph stating the protection of the environment, biodiversity, and ecosystems, also in the interest of future generations50. This wording introduces, for the first time in the constitutional text, the principle of intergenerational equity, explicitly recognizing that environmental protection must be oriented not only toward present needs but also toward those of future generations. At the same time, Article 41 of the Constitution, which governs the freedom of private economic initiative, was modified to include, among the limits to economic activity, the prohibition of causing harm to health and the environment51. This modification represents a constitutional balancing between economic freedom and environmental protection, establishing that economic initiative, while remaining free, cannot jeopardize constitutionally relevant legal interests such as human health and ecosystem integrity. The reform thus forms part of a broader international movement to recognize 48 European Commission, “The European Green Deal”, COM(2019) 640 final, 11 December 2019, p. 2, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52019DC0640 49 Constitutional Law No. 1 of 11 February 2022, “Amendments to Articles 9 and 41 of the Constitution concerning the protection of the environment”, published in the Gazzetta Ufficiale No. 44 of 22 February 2022. 50 E. Blasizza (ed.), Ambiente 2025, IPSOA HSE Manuals, Milan, 2025, pp. 16 ff. 51 The new paragraph 3 of Article 41 of the Constitution states that public and private economic activity “may not be conducted in a manner contrary to the common good or in such a way as to cause harm to health, the environment, safety, freedom, or human dignity.” 140 GINEVRA GELSOMINI
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