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ARTICLE · 08 MARCH 1995

Environmental Law - Secondary Raw Materials - Waste Or Goods Of Economic Value?

Gianni Origoni Linklaters Alliance
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ItalyStrategy

Under Italian environmental legislation, it is difficult to identify the rules applicable to secondary raw materials and even more so, which materials are to be considered as secondary raw materials. This difficulty has been further complicated by the Lower Court of Cagliari Ordinance No. 616 of July 29, 1994. Such Ordinance requested a ruling of the Constitutional Court on the question of whether Article 2, paragraph 3 of Law Decree No. 438 of July 8, 1994 (containing a regulation which refers to activities involving the recycling of leftover materials from production or consumption cycles as raw materials or as sources of energy) is in breach of the Constitution in that it violates Article 3, paragraph 2 (the "equality clause") and Article 13 (reserving legislation in criminal matters to Acts of Parliament) of the Italian Constitution.

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