La revisione degli articoli 9 e 41 Cost.: quali effetti sulla sicurezza dell’ambiente di lavoro e nell’ambiente esterno?

Abstract

In what measure is the revision of Articles 9 and 41 of the Constitution destined to impact the resolution of conflicts that may arise between the interests of labor and business on one side, and those of health and the environment on the other? The Author seeks to address this question by analyzing the foreseeable effects of the reform implemented by Constitutional Law No. 1 of 2022 on the actions of the legislator, public administration, and (especially) judicial bodies. The impression is that of a reform that has merely codified long-established hermeneutic approaches and, as such, is not expected to bring about significant changes in the balancing of values involved in the safety of the workplace and the external environment.