Riformare l’art. 41 della Costituzione: alla ricerca di “nuovi” equilibri tra iniziativa economica privata e ambiente?

The essay offers an interpretation of the constitutional revision introduced in 2022 (Const.Law n.1/2022) regarding environmental protection, with particular reference to the relationship between the qualification as "fundamental principle" of the Republic's commitment to the protection of the environment, biodiversity and ecosystems (art.9 of the It.Constitution) with the expansion of the limits applicable to private economic initiative (art.41 of the It.Constitution). Even before proclaiming the limits of “freedom, security and human dignity”, the current text of art.41, co.2 of the Constitution places “health and the environment”: this clause certainly highlights the renewed centrality of controls aimed at maintaining balance the reasons for the business (production, profit, employment) with the balance between ecosystems, but does not seem to allow the total functionalisation of the private production.