La tutela dell’ambiente in Europa. Dai presupposti teorici al diritto e ai principi

Environmental protection in Europe. From theoretical assumptions to law and principles. An an- cient philosophical school, named anthropocentrism, does not recognize the real impor- tance and the value of nature, considering it as a mere item which belongs to humani- ty. On the other hand, biocentrism puts nature in the center, recognizing its importance and its moral value. Last but not least, deep ecology states the self-realization of all li- ving beings – human and not –, claiming their right to realize their own Self. European Law has been inspired by such philosophical schools, that is why it changed its conside- ration of nature since the Treaty of 1957. In those early years, European law seemed to be not so concerned about nature and environment. In reverse, the Treaty on the Fun- ctioning of the European Union states new important rights and principles. Starting from such considerations, the Author explains the role played by environmental protection in European Law, analyzing its theoretical assumptions and criticizing its philosophical foundations.