DOI: 10.53136/97912218282526
Pages: 81-97
Publication date: July 2026
Publisher: Aracne
SSD:
IUS/09 IUS/14 IUS/21
This article examines the interaction between differentiated regionalism the allocation of legislative powers and environmental protection in light of recent constitutional legislative and judicial developments It takes as its starting point Constitutional Law No 1 of 2022 which amended articles 9 and 41 of the Italian Constitution to include the principles of environmental protection biodiversity and ecosystem preservation The analysis focuses on how these constitutional principles affect both the scope and the limits of regional autonomy Particular attention is devoted to the demands of ordinary statute Regions seeking to obtain special forms and conditions of autonomy pursuant to article 116 3 of the Constitution as well as to the legal and institutional compatibility of such differentiated arrangements with the overall framework of environmental protection The contribution highlights the need to ensure that differentiated autonomy does not lead to unequal levels of environmental protection across territories In this respect the Constitutional Court appears to outline a guiding path for the differentiation process emphasizing the importance of preserving institutional boundaries and constitutional balance The Court’s approach reflects a broader objective ensuring that differentiated autonomy is implemented in a way that promotes administrative efficiency enhances political accountability and more effectively responds to citizens’ needs and expectations.