Lexambiente (Feb 2019)
The point of view of aquatic ecology in the interpretation of law n. 68/2015
Abstract
The law n. 68/2015 focuses on new forms of environmental crimes, such as environmental pollution, environmental disaster, trade of high-radioactive material and omitted reclamation. The law has three main critical points: (1) interpretation of the new penal code articles; (2) difficulty in finding a cause-effect relationship; (3) possible flexibility in the application to legal limits.The paper reports the rules in force concerning the quality of surface waters, suggests criteria to assess the importance of the crime and an interpretation key to define the cases where flexibility can be adopted to evaluate the non compliance of the limits in force.