Danno ambientale e responsabilità nella gestione dei rifiuti

The regulation of environmental damage was modified many times during the years, at both national and European level. For the first time it was regulated in Italy by the law 349/1986 that, at paragraph 18th, established that the environmental damage was refundable regardless to the violation of other individual rights, as personal property or health. At European level, the first action was the adoption of the Directive 2004/35/CE concerning the environmental responsibility on the subject of prevention and compensation of environmental damage. The Directive was adopted in Italy with the Decree 152/2006, that in the Sixth Section regards exactly the environmental pollution responsibility. However, the main news of European law about the responsibility regime for polluting activities regarding environmental assets was not promptly adopted by Italian law. For that reason, the Italian Government has been subject to two violation procedures: to resolve, firstly the legislator approved the Decree 135/2009, that introduced new recovery criteria for environmental damage. Afterwards, he approved the Law n. 97/2013 on the subject of action for damages and charge of responsibility. Anyway, the structure of charge of responsibility criteria has been over and over subject of interpretation interventions of jurisprudence, that defined a framework better corresponding to European applications and European law principles. In that broader context is included the issue of waste management that was subject of many regulatory actions aimed at a greater and overriding environmental safeguard, through methods and techniques able to reduce waste production, the introduction of the concept of reduction, prevention and salvage, recycling and lastly disposal. A central role is assumed by the awarding of related responsibilities within different entities that deal with waste management. Therefore, in the last chapter, are analysed different forms of responsibility of that entities and are taken into account the main regulatory interventions and various doctrinal interpretations during the years.