Law and the Environment. Legal framework to evaluate environmental impact and waste treatment from the perspective of the Italian legal system: “from environmental sustainability to the defence of human rights".
The aim of this paper is to reflect on the findings of the European Court of Human Rights in the case «Giacomelli vs. Italy», of 2nd November 2006. For this purpose, it studies Italian environmental legislation which, lacking an explicit and structured constitutional reference point, and inspired by EU directives, regulates the two major issues tackled here: the evaluation of environmental impact and waste treatment. It also analyses and assesses the line of jurisprudence followed by the Court regarding environmental protection through the technique of cross efficacy, subsuming it in the sphere of law concerning respect for private life and the home (art. 8.1 ECHR).
Keywords: environmental legislation, environmental impact, waste treatment.