Complessità ambientale e integrazione degli interessi: una lettura comparata nell'orizzonte giuridico della transizione ecologica

The work consists of an articulated investigation on the principle of integration referred to in art. 11 TFEU in the EU law, within the Italian domestic law and, from a comparative perspective, in the French legal system. Since the principle of integration constitutes the legal device for the settlement of the scale discrepancies between the order of natural phenomena and that of human activities, its centrality is recognized within the government of the environmental complexity in the ecological transition era. The investigation develops from the reconstruction of the stages that in the international and European context led to the affirmation of the principle, up to its current formulation in art. 11 TFEU. Even in the absence of an express formulation, it can be considered that in both the Italian and French national systems the principle of integration has been introduced at least implicitly, including at constitutional level. The study then follows the various “heights” of the multi-level system at which the integration of environmental protection requirements in other public policies and actions is carried out, both at the “high branches” of the organisation as well as at the “low branches” of the administrative procedure; at last, the focus is on the decisive role of the principle of integration within the balancing operation of conflicting interests from the perspective of fair cooperation between administrations and intergenerational solidarity.