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Italy has undergone a transformation in its environmental law since its formation in 1861. Italian law sees the environment as more than just a resource requiring protection, but a legal asset in itself with its own rights.[1] Along with the usual measures similar to other countries to protect the environment, Italy also provides market incentives such as subsidies or tax incentives for environmental regulation. In its Constitution, Italy recognizes in Article 117:
- The protection of the environment, ecosystem, and cultural heritage[1]
- The 'enhancement of cultural and environmental assets', 'health protection' and 'territorial governance', as 'concurrent matters'[1]
Italy's Environmental Code is its main environmental national legislation. It has also evolved to incorporate international climate agreements and jurisprudence from the Italian courts.[1] There has been little to no climate litigation in Italy, but there have been environmental groups organizing to possibly enter the court system. In Italy, court decisions are only binding to the parties involved, they do not create new law.[2]