The essay proposes a reflection on the possibility of individual and intergenerational environmental protection, moving from a reconstruction of the concept of environment in the existentialist perspective, deriving from the internal and European constitutional value system and the affirmation of the principle of sustainable development. The valorization of the environment in the theory of legal assets finds in the debate on commons new meanings, combining the existentialist perspective of environmental damage with the theory of commons. As a result of this reconstructive process, confirmed by the recent decisions of the European Court, the author comes to the conclusion of an individual legitimation alternative to the choice of the European legislator to confine the protection in the public sector.
|Number of pages||61|
|Journal||THE CARDOZO ELECTRONIC LAW BULLETIN|
|Publication status||Published - 2020|