STRUMENTI DI AUTONOMIA PRIVATA E DI PUBLIC ENFORCEMENT A SOSTEGNO DELL¿ECONOMIA CIRCOLARE

This thesis aims to analyse certain legal profiles that are relevant in the transition from the traditional linear economic model towards a more sustainable economic model – the circular economy. The first chapter examines the principles of the circular economy and analyses recent European legislative initiatives that aim to promote its development. As one of the sectors with the greatest environmental impact, the chapter focuses particularly on the textile industry, referring to the relevant European legislation. The second chapter analyses the concept of greenwashing, a pathological phenomenon of an economy in transition towards greater sustainability. De jure condito remedies to the problem are studied, both in business-to-consumer and business-to-business relations. The third chapter focuses on new technologies that can play a crucial role in promoting the circular economy. However, their use can be undermined by a strict application of the precautionary principle, a bulwark of environmental law which could lead to the risk of innovation being hampered. Finally, the fourth and final chapter analyses the instruments of private autonomy – such as the network contract and sustainability clauses – that can facilitate the development of the circular economy, either based on spontaneous company initiative or in the face of a public incentive or obligation. The thesis thus highlights the crucial role of the consumer, no longer a passive subject, but a central actor in the transition towards a circular model. Through an interdisciplinary approach it is shown how the circular economy is not only a solution to mitigate environmental risks, but also an opportunity to stimulate innovation and sustainable economic growth. Finally, the importance of collaboration between businesses, governments and citizens is emphasised to ensure a future in which environmental protection and economic development can coexist.