Ambiente, paesaggio e bilanciamento dei diritti fondamentali

The essay proposes a reflection on the environment as a fundamental right of the person independent of the landscape and the consequences in terms of balance following the reform of art. 9 of the Constitution. The reform consolidates, according to the author, a process of autonomization of the environment related to its affirmation as a personal value, an existential condition determining the quality of life. We are witnessing the end of a formal indistinctness that does not, however, translate into rigid opposition, rather into constant interaction. The environment, while distinguishing itself from the landscape, in some way includes it, where as a determining element the quality of life, presupposes its preservation. In this context the constitutionalization of the environment as an autonomous fundamental right will have specific consequences. In the conflict with the right to the landscape, typical cases of construction of wind farms, repeatedly accused of threatening aesthetics of the landscape, the conflict will be resolved by balancing equal rights, no claiming tyrant positions. The most recent pronouncements show a radical reversal of the approach to the subject. The theme of the intangibility of the landscape is no longer defensible as a given assumption, where the construction of photovoltaic systems is considered as an evolution of the constructive style accepted by the order and collective sensitivity. The enhancement of aesthetics is then called to dialogue with a priority need, the health of the planet, which is, equally, not even in spite of, natural beauty, existential condition, in the name of the common direction towards the goal of quality of life. It will be a matter of balancing values of equal rank and filling possible gaps in protection, as well as in the event of conflict with emerging economic rights in cases of environmental pollution.