Spunti critici sull’aggiornamento della normativa europea in tema di qualità dell’aria

Abstract

This paper aims at presenting an argument in favour of the need for a prompt update of the European legislation on air quality, by taking its cue from the current situation in Italy. The paper starts by providing a definition of outdoor air pollution and by referring to the most influential Italian scientific studies on the main health risks connected. The perspective then shifts to the analysis of the relevant legislation at both European and national level in an attempt to systematically recompose the complex framework of plans and regulations adopted for the containment and prevention of outdoor pollution. In this framework, the analysis of the three infringement procedures opened against Italy by the European Commission, two of which have already resulted in a condemnation for Italy by the European Court of Justice, is used to further argue the pressing need for a revision of European and national policies. Accordingly, the final considerations remark on the need to adopt innovative legislation, which allows the Union to promote a radical change of approach to environmental protection, especially in light of the recent positions expressed through the relevant soft law documents including: the new 2021 WHO guidelines on air quality, the recommendations of the European Parliament for updating the air quality directives of 2008 and 2004, and the plans and programs of the European Union developed as part of the European Green Deal and the 2030 Agenda.