Abstract

This work stems from statement of how the attempt to go beyond the traditional instrument of command and control has finally led to the increasingly evident assertion of economic instruments in the legal protection of the environment, in order to manage the environment in line with the principle of sustainable development. However, it must be pointed out that – even in this new perspective – it is not possible to do without traditional instruments considering the fact that the market is not capable, if left to itself, of protecting the public interests and, moreover, often the guarantee offered by the private sector is insufficient. Therefore, the legal system must envisage new forms of administrative action which reconcile efficiency and effectiveness while guaranteeing citizens and environmental protection. Since, we can easily see that in some recently introduced rules an accurate and articulate public law is necessary so that growing expansion and not a recession of administrative law can be recorded, as supposed by the doctrine by means of the entry of private instruments in an area that has always been governed by administrative law. In the laws regarding legal settlement concerning environmental damage introduced in 2009, for example, it is the accurate public law that guarantees the participation and convenience of the citizen, just like in the sector of trading emissions, while in the banking sector – which is based on commercial law – the administrative rules to protect the environment are increasingly mutually responding.

Autore Pugliese

• Mastrodonato Giovanna

Tutti gli autori

• MASTRODONATO G.

Titolo volume/Rivista

Non Disponibile

Anno di pubblicazione

2010

ISSN

0394-2287

ISBN

Non Disponibile

Numero di citazioni Wos

Nessuna citazione

Ultimo Aggiornamento Citazioni

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Numero di citazioni Scopus

Non Disponibile

Ultimo Aggiornamento Citazioni

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Settori ERC

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Codici ASJC

Non Disponibile