| La formulazione delle politiche ambientali negli ordinamenti composti |
| Fascicolo 2002-4 |
| Scritto da Bertazzo Cristina |
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Sommario 1. Armonizzazione o soluzioni statali difformi? – 2. Armonizzazione totale e pre-emption. – 3. Armonizzazione minima e cooperative federalism. – 4. Misure statali difformi. – 5. Misure derogatorie. – 6. Conclusione.
Abstract The principles of subsidiarity and proportionality, as formulated and interpreted in E.C. law, can serve as guidance to the formulation of environmental policies in a context of political and economic integration, such as that existing in the E.C. and in the United States. Instead of outlining a rigid separation of powers, the principle of subsidiarity provides criteria for evaluating the efficiency of allocation of powers in environmental matters between the central institutions of the E.C. and the U.S. on one hand and their respective member States on the other. This comparative test can indicate the most suitable level an action should be taken at. Moreover, in accordance with the principle of proportionality, E.C. institutions and the U.S. federal government shape (or should shape) their policies in order to allow for a certain amount of differentiation and guarantee flexibility in the implementation and in the enforcement of these policies. Such aspects are particularly relevant in environmental matters. In fact the question of how to best protect the environment can only be answered by taking into account specific, local factors. |