Not causing damage to the environment as a new limit to private economic initiative: what prospects following the reform of Article 41 of the Italian Constitution?

Private economic freedom found full consecration only with the birth of the modern state. In Italy the Republican Constitution, in Article 41, paragraph 1, recognizes this freedom. The Constituent Legislator, however, did not want to leave this absolute freedom. In fact, in art. 41, 2nd paragraph, the Constitution introduces significant limits corresponding to the non-contrast with safety, freedom, human dignity, but above all with social utility. At the same time, it establishes the possibility for the state legislator to intervene to determine pro-grams, to provide controls and to coordinate the same initiative for social purposes (Art. 41, 3rd paragraph, Constitution). Recently the Constitutional Legislator with Constitutional Law 11 February 2022, n. 1, as part of a broader intervention, aimed at safeguarding the environment (now expressly pro-tected by article 9 of the Constitution), by reformulating this article and adding that private economic freedom cannot be exercised in such a way as to cause damage to the environment (Art. 41, 2nd paragraph, Const.). It also added that the law determines the appropriate pro-grams and controls so that public and private economic activity can be directed and coordi-nated for social and environmental purposes (Art. 41, 3rd paragraph, Cost.). This modification certainly represents the awareness of the centrality of the environment in common contemporary feeling and offers important cues that require careful study. The investigation profiles on which brief reflections are proposed here are two: on the one hand it is necessary to understand whether it is a directly applicable provision - as well as by the Legislator - also in relations between private individuals and, at the same time, what the consequences could be of this change with reference to the business activity. It is evident, in fact, that the express constitutional provision of this limit entails an increased transition risk for all entrepreneurs and, on the other hand, could provide new insights into interpretation as regards institutions such as the liability of company directors.