Phd in PUBLIC LAW

Thesis title: Il diritto amministrativo davanti alle sfide della transizione ecologica: la dinamica della valutazione di impatto ambientale

The research explores Environmental Impact Assessment (EIA), analyzing its historical evolution, objectives, and role in addressing the challenges posed by the ecological transition. In this context, EIA is seen as a lens through which to observe administrative decision-making dynamics and their effectiveness in responding to ongoing transformations. The research first highlights the various EIA paradigms that have emerged globally and its close connection to sustainable development, before conducting a comparative analysis between the U.S. National Environmental Policy Act and the European legal framework. It then delves into the critical issues of EIA in the Italian legal system, focusing on both its historical development and procedural structure, as well as its legal nature and judicial review. Finally, the study explores the regulatory framework of the European Green Deal and the implications of the Do No Significant Harm (DNSH), highlighting potential synergies with EIA. The research underscores the need to rethink certain classical categories of administrative law from an ecological perspective, with particular attention to the role of administrative discretion and the balance between environmental interests and other public and private interests.