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Title: | Water Quality Control Policies and the Criminalisation of Pollution | Authors: | De Santis, Giovanni FERMEGLIA, Matteo |
Issue Date: | 2021 | Source: | Turrini, Paolo; Massarutto, Antonio; Pertile, Marco; de Carli, Alessandro (Ed.). Water Law, Policy and Economics in Italy: Between National Autonomy and EU Law Constraints, p. 147 -177 | Series/Report: | Global Issues in Water Policy | Series/Report no.: | 28 | Abstract: | The present contribution aims to provide a comprehensive account of Italian legislation on water quality and water protection through criminal law. The Italian legal regime on water quality largely builds on the overarching European Union framework, which includes the Water Framework Directive, the Drinking Water Directive and the Nitrates Directive. The path towards full implementation of European water policies in Italy has been, however, all but void of drawbacks and still entails remarkable shortcomings. Hence the Italian implementation of European directives in Italy will be addressed, with a view to highlighting the several nuances with regard to non-compliance and the extensive use of exemptions and derogations. Furthermore, this contribution will provide an overview of the fragmented Italian legal regime for criminalisation of water pollution as interpreted by Italian criminal courts. The upshot of this overview is the ultimate unfitness of the Italian criminal legal regime to adequately ensure water quality protection. Last, the far-reaching 2015 reform of the Criminal Code on environmental crimes is analysed, which arguably paves the way for a more coherent and ecosystem-oriented approach to water quality while strengthening coordination between administrative and criminal responses to water pollution. | Keywords: | Water quality;Water governance;Drinking water;Nitrates;Environmental crimes | Document URI: | http://hdl.handle.net/1942/34342 | ISBN: | 9783030690748 | DOI: | 10.1007/978-3-030-69075-5_7 | Rights: | Springer Nature Switzerland AG 2021 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifcally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microflms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. | Category: | B2 | Type: | Book Section | Validations: | vabb 2023 |
Appears in Collections: | Research publications |
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