Interrogativi e prospettive per una riforma della codificazione ambientale

The year 2026 will mark the twentieth anniversary of the approval of the Italian Environmental Code (legislative decree No. 152/2006). Since then, numerous legislative developments — first and foremost the constitutional reform of Articles 9 and 41 — as well as jurisprudential innovations at international, European and national levels have taken place. This contribution therefore questions the advisability of reforming the Code. If the answer is affirmative, the question arises as to the direction such reform should take. Consequently, a number of general issues that should be addressed are proposed, such as: the model of codification that could be implemented today; the identification of the administrative bodies that may now be deemed competent; the “scope” of any reform; the regulatory perimeter it should encompass; the normative status that should be recognized to the Annexes to the Code. In addition, more specific issues are also raised, such as the principles that might be introduced in a possible new codification, or the instruments that should be regulated, for instance market-based tools. Other questions are also asked about what changes could be made to the current regulation of administrative procedures and measures, what new rules might be introduced regarding the role of businesses, circular economy, and judicial protection. It concludes by affirming that any revision process should begin precisely with answers to these fundamental questions.