The access to justice in environmental matters, as crystallized in Article 9 of the Aarhus Convention (i.e. Convention on access to information, public participation in decision-making and access to justice in environmental matters taking place at Aarhus, Denmark, on 25 June 1998) and covered in Italy by a number of different regulations, has been the object of extensive discussions in the recent past, with respect to the effectiveness and substantial compliance of the Italian legal system with its requirements, also in a comparative view.

The Italian perspective is certainly peculiar for its historical and political context: albeit a general sense of compliance of the legal system with the pillars of access to justice, anyone wishing to enter into the details of the matter has to confront the theory with the immense criticalities of a local judicial system that hardly reflects and spreads the innate sense of real justice of any human being.

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elni2017-2_Maschietto

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