La proiezione del pensiero di Giovanni Rosadi sulla riforma degli articoli 9 e 41 della Costituzione italiana e oltre

Abstract

The Author, starting from Giovanni Rosadi’s futuristic and enlightened intuitions on the need to protect outstanding natural beauty alongside historical and artistic heritage assets, highlights their reflections on the original text of the Italian Constitution (art. 9) and on landscape legislation, from the first laws of the 20th century to those currently in force, in the sign of the constant acknowledgment of the cultural value that connotes the landscape. The author then highlights the limits and the current criticalities inherent in the extension of the traditional landscape protection to areas of significant environmental interest, performed by the Galasso Law in 1985, and reiterated by the Cultural Heritage and Landscape Code in 2004. And finally, she reflects about the impact of the Italian Constitutional Reform in 2022, Articles 9 and 41, which includes environmental protection among the constitutional values, on the relation between environment and landscape, projecting its consequences beyond the law in force into a future legislative horizon, where, under the chrism of constitutional legitimacy, environmental, cultural and landscape values can finally achieving a balanced recomposition capable of respecting their specificity.