The law of mountains and sustainable development: Critical issues and the protection of fundamental rights

Abstract

This article provides a critical analysis of the legal framework governing mountain areas in Italy, with reference to recent developments in national legislation and the influence of European law. The article posits that the neoliberal interpretation of sustainable development has progressively diverged from the original constitutional objective of safeguarding and fostering substantive equality in mountainous areas, supplanting it with a paradigm driven by the imperatives of efficiency and market competition. Through an analysis of Italian and EU case law and positive legislation, as well as the practices of administrative authorities, the article highlights how the dogma of sustainable development is steering public policy and public authorities towards the financialization and economic exploitation of natural resources in mountain areas, thus jeopardising the social and environmental function of mountains as spaces for the protection of fundamental rights.