La tutela della vita come matrice ordinamentale della tutela dell’ambiente (in senso lato e in senso stretto)

The paper proposes the following theses. The protection of life can be considered the legal matrix of the protection of the environment. On the one hand, life reveals itself in its existential and minimum dimension, that is to say as the inviolable right of men to defend their own biophysical survival (being). On the other hand, life reveals itself in its qualitative and expansive dimension, that is to say as the full development of the human person and the material or spiritual progress of society (well-being). In analysing the hypertrophied set of legal rules that variously qualify as ‘environmental’ norms, it is therefore necessary to make an effort to discern which norms are devoted to the protection of life in its qualitative and expansive dimension, i.e. aiming to avert harmful risks to development that, while not threatening survival, nevertheless reduce or worsen the quality of life/the level of well-being for humanity, leading to a regression or halt in development; and which norms, on the other hand, are more radically devoted to the protection of life in its existential and minimum dimension, i.e. are intended to cope with catastrophic risks to existence/threats to human survival, whether individual or collective, in the short, medium or long term, with particular regard to the risks of ecological collapse determined by the overstepping of the limits of the ecological systems by socio-economic systems, which are included in the former. The circumstance that legal sources sometimes use the term «environment», other times different terms such as «ecological» balances or features, «ecosystems», «nature», «biodiversity», does not seem to be a mere matter of nominalism. It is rather a matter of ‘linguistic symptoms’ revealing a substantial difference: the ‘environment’ is a generic and all-encompassing term, which evokes the protection of life mainly in its qualitative and expansive dimension, i.e. with respect to risks to human development; the more specific terms borrowed from ecological sciences, such as ecosystem, biodiversity, species, resilience, planetary limits, etc., on the other hand, evoke the protection of life also in its existential and minimal dimension, i.e. with respect to risks to the very existence of the human species. The reform of the Italian Constitution by the Constitutional Law no. 1/2022, with special reference to the new formulation of Article 9, has made it possible to distinguish between a legal concept of the environment in the broad sense, marked by the use of the well-established term «environment», and a legal concept of the environment in the narrow sense, expressed notably by the terms «ecosystems» and «biodiversity». The environment in the broad sense is a system of relations between not only ecological, but also social, cultural and economic factors; it is therefore the legal result of a balancing between these factors, which is carried out on the basis of decisions characterised (as administrative case law on environmental assessments testifies) by a very high rate of (not technical, but) pure administrative discretion. The environment in the narrow sense - or the “nature”, if you prefer to use a more traditional term - on the other hand, consists exclusively of the ecological factors (which, in balance with social, cultural and economic ones, give rise to the environment in the broad sense): unlike the environment in the broad sense, it is not to be constructed, through a balancing by assessments with a very high degree of political-administrative discretion; rather, the environment in the narrow sense is to be observed, recognised, andù safeguarded, since the fundamental ecological properties, such as resilience, or ecological limits, such as planetary boundaries, or ecological cycles, such as biogeochemical ones, being the natural foundations of life, are not negotiable ex contractu, abrogable ex lege, or directable ex actu; with respect to the environment in the narrow sense, the administrative law is called upon to bring into play, in the light of the new constitutional framework, not so much pure administrative discretion as technical discretion, recognising the need for a close transdisciplinary dialogue with ecology, whose conceptual categories now appear to be explicitly transposed at the highest level of the legal system. The environment in the broad sense includes in itself the environment in the narrow sense, but the latter, now constitutionally enucleated and differentiated, looks set to rise to the status of autonomous subject of mandatory protection: in the renewed constitutional framework, the regulation of the environment in the broad sense, in balancing multiple factors, finds its foundation in biophysical existence and legal protection of the environment in the narrow sense, so that it would be inconceivable to jeopardize the latter at the time of regulating the former; that is, the protection of the environment in the narrow sense is set up as an a priori for the management of the environment in the broad sense

Crucialità, criticità e complessità del dibattito sul principio di non regressione ambientale

Lo scritto presenta e introduce una serie di saggi, provenienti da tredici paesi e tre continenti e redatti in cinque lingue (italiano, inglese, spagnolo, francese e portoghese), tutti dedicati all’emersione nel diritto vivente (tra dottrina e giurisprudenza) e/o all’eventuale esplicitazione nel diritto vigente (embrionale o matura, su base costituzionale, legislativa o sub-legislativa) del principio di non regressione ambientale, in una pluralità di esperienze giuridiche diverse. Lo scritto, dopo aver sottolineato che in Italia, ad oggi sono molto rari i contributi giuridici che evidenziano la rilevanza del principio di non regressione ambientale, trattandosi di un tema pressoché ignorato nei manuali o nei trattati di diritto ambientale, e relegato altrove in menzioni parentetiche ed ellittiche, evidenzia l'importanza di un dibattito sul tema che, svolgendosi trasversalmente in prospettiva transnazionale, possa stimolare anche gli studiosi italiani ad approfondire maggiormente la ricerca su tale principio. In particolare, lo scritto analizza ed illustra tre punti-chiave: la crucialità, la criticità e la complessità del principio di non regressione ambientale

L'Unione europea possibile e necessaria: l'Europa a cerchi concentrici

Elaborata in prevalenza da studiosi di diritto pubblico con l’aiuto di economisti, la proposta intende affrontare la questione dell’Unione Europea con un approccio istituzionale, individuando un percorso realisticamente percorribile. La praticabilità politica delle riforme ipotizzate è comunque connessa al grado di consapevolezza della estrema fragilità dell’attuale assetto istituzionale e della necessità di snellire e rafforzare l’Unione, con una serie di misure concrete inquadrate in un disegno organico. Il documento è il frutto del lavoro di sei gruppi di studio. INDICE 1. Crisi degli stati. Impossibilità di risposte semplificate. 2. Inadeguatezza dell’attuale assetto dell’Unione. 3. Obiettivi e criteri di una riforma. 4. Le misure: 4.1 Unificazione del debito. Mantenimento dell’euro. 4.2 Rafforzamento della Banca Centrale Europea (BCE) e creazione dell’Unione bancaria. 4.3 Europa sociale. Immigrazione. 4.4 Sicurezza interna ed esterna, flussi migratori, frontiere. 4.5 Strumenti di politica industriale e infrastrutturale sostenibile. 4.6 Revisione organizzativa. Rafforzamento della democrazia e dell’equilibrio tra poteri e responsabilità. 4.7 Sistema delle fonti. Ruolo delle giurisdizioni. Giuridicizzazione del settore pubblico europeo. 5. L’Europa a quattro cerchi concentrici. 6. Prospettive ulteriori

Analysis of the Radish Seed Germination and Growth by Radiofrequency Stresses

In this work we report a study on the behavior of radish seed (Raphanus sativum L.) germination and growth under radiofrequency stresses. Groups of uniform seeds were irradiated at five duration time values of 60, 210, 375, 470 and 830 h at medium frequency of 1 Mhz, (MF/1), (MF/2), (MF/3), (MF/4) and (MF/5), respectively; at very high frequency of 100 Mhz, (VHF/1), (VHF/2) f(VHF/3), (VHF/4) and (VHF/5), respectively; at ultra high frequency of 900Mhz, (UHF/1), (UHF/2), (UHF/3), (UHF/4) and (UHF/5), respectively. The exhibited magnetic field for the three frequencies was of about 240 nT and the associate electric field inside the samples was less than 71 V/m, owing to the electric permittivity exposed sample. Another group of uniform radish seeds, irradiated by static magnetic (SM) field of 80 mT for the same time duration, was used as comparison, whereas untreated ones were used as control. The results showed that all physical stresses induced by magnetic fields did not have effect on seed germination as well as on cell elongation growth of the radish hypocotyls. On the contrary, a stimulating effect was observed on root growth

Does Size Matter? The Case of Piezoresistive Properties of Carbon Nanotubes/Elastomer Nanocomposite Synthesized through Mechanochemistry

The growing interest in piezoresistive sensors has favored the development of numerous approaches and materials for their fabrication. Within this framework, carbon nanotubes (CNTs) are often employed. However, CNTs are a heterogeneous material with different morphological characteristics in terms of length and diameter, and, so far, experimental studies have not usually considered the effect of these parameters on the final sensor performances. Here, we observe how, by simply changing the CNTs length in a solvent-free mechanochemistry fabrication method, different porous 3D elastomeric nanocomposites with different electrical and mechanical properties can be obtained. In particular, the use of longer carbon nanotubes allows the synthesis of porous nanocomposites with better mechanical stability and conductivity, and with a nine-times-lower limit of detection (namely 0.2 Pa) when used as a piezoresistive sensor. Moreover, the material prepared with longer carbon nanotubes evidenced a faster recovery of its shape and electrical properties during press/release cycles, thus allowing faster response at different pressures. These results provide evidence as to how CNTs length can be a key aspect in obtaining piezoresistive sensors with better properties

Realization and characterization of graphitic contacts on diamond by means of laser

This work deals with the realization and characterization of integrated graphitic contacts on diamond by means of laser irradiation (graphitization), in order to obtain good quality ohmic electrodes for nuclear radiation detectors to be used in high energy physics experiments. Unlike the conventional method used for the electrode production, which requires numerous steps and very well controlled environmental conditions, this alternative technique presents many advantages: the contacts are realized in air at room temperature in a single step. In this study, the characteristics of several graphitic structures realized on a diamond surface by changing the radiation-matter interaction parameters have been evaluated in order to define the best experimental conditions to create graphitic electrodes with low resistivity. The obtained results are promising: contacts perfectly adherent, with good charge collection properties, stable and resistant to ionizing radiation

Performance of the diamond active target prototype for the PADME experiment at the DAΦ\PhiNE BTF

The PADME experiment at the DA$\Phi$NE Beam-Test Facility (BTF) is designed to search for the gauge boson of a new $\rm U(1)$ interaction in the process e$^+$e$^-\rightarrow\gamma$+$\rm A'$, using the intense positron beam hitting a light target. The $\rm A'$, usually referred as dark photon, is assumed to decay into invisible particles of a secluded sector and it can be observed by searching for an anomalous peak in the spectrum of the missing mass measured in events with a single photon in the final state. The measurement requires the determination of the 4-momentum of the recoil photon, performed by a homogeneous, highly segmented BGO crystals calorimeter. A significant improvement of the missing mass resolution is possible using an active target capable to determine the average position of the positron bunch with a resolution of less than 1 mm. This report presents the performance of a real size $\rm (2x2 cm^2)$ PADME active target made of a thin (50 $\mu$m) diamond sensor, with graphitic strips produced via laser irradiation on both sides. The measurements are based on data collected in a beam test at the BTF in November 2015.Comment: 7 pages, 10 figure

Effects of physical stresses on radish seed germination and growth

In this work we explore the consequences on variable magnetic fields applied to radish seeds (Raphanus sativum L.) on germination and seedling growth. Three, different alternate magnetic fields have been tested having a high intensity, 40 mT, at very low frequency, 0.2 Hz (B0.2), a low intensity, 577 µT, at low frequency, 370 kHz (B370), and a very low intensity, about 250 nT, at ultra high frequency, 900 MHz (RF900). These last generate electromagnetic waves which are nowadays very used for mobile communications. Groups of uniform radish seeds were exposed to alternate magnetic fields at three duration time values: i) 120 h (BO.2/1), 260 h (B0.2/2) and 360 h (B0.2/3) at high intensity and very low frequency, 0.2 Hz; ii) 120 h (B370/1), 260 h (B370/2), 360 h (B370/3) at low intensity and low frequency, 370 kHz; iii) 120 h (RF/1), 260 h (RF/2), 360 h (RF/3) at very low intensity and ultra high frequency, 900 MHz. Furthermore, another group of seeds was treated by laser beams of 248 nm wavelength whose magnetic field is coupled to an electric field. These two fields, by the Planck theory, origin the quantum energy, expresses by photons. Therefore, in the laser-matter interaction photons are absorbed dependent on laser shots. Again, we performed experiments at three duration time values that applied: 30 kshots (KrF/1), 80 kshots (KrF/2) and 135 kshots (KrF/3) at 40 mJcm2/ fluence. The magnetic field and electric field presented by the laser beam are approximatively 250 kVm/ and 850 µT, respectively. All treatments were performed at room temperature. Both untreated seeds and each group of seeds exposed to the physical stresses were transferred in Petri dishes and followed for their germination and seedling growth up to 96 h. The results showed that all physical stresses induced by alternate magnetic fields, radiofrequency and laser radiations did not have effect on seed germination as well as on cell elongation growth of the radish hypocotyls in comparison to control seeds. On the contrary, all physical stresses showed a significate stimulation on root growth

Diamond detectors with electrodes graphitized by means of laser

In the last years there has been an increase of interest in diamond devices because of the promising applications in different field, such as high-energy physics, radiotherapy and biochemical applications. In particular, a new frontier is represented by the realization of full-carbon detectors characterized by graphite electrodes, which give to the devices considerable advantages like high radiation hardness, perfect mechanical adhesion and good charge collection properties. In this paper the manufacturing of full-carbon devices and their detection performances are illustrated and compared to a reference diamond detector characterized by traditional electrodes

Study of a metal-halide perovskite CsPbBr3 thin film deposited on a 10B layer for neutron detection

Metal halide perovskite materials have received significant attention in recent years due to their promising properties and potential applications, particularly their use as scintillator detectors, which is rapidly emerging due to their promising advantages as detectors, such as low costs, fast response, high quantum yield, strong absorption, scalability, flexibility, and emission wavelength tunability. Given the effectiveness of perovskites as α particle detectors and the potential of 10B as a neutron converter, in this paper a 10B converting layer was coupled with an all-inorganic lead halide perovskite (CsPbBr3) layer aiming to create a thermal neutron detector. Specifically, a 1 μm thin film of 10B and a 1 μm thin layer of CsPbBr3 were deposited on a suitable substrate using a laser ablation process. The fabricated detector was subjected to a comprehensive characterization, including structural, morphological, and detection properties. As output, the films exhibit macroscopically uniform behavior and good adhesion to the substrate. In terms of thermal neutron efficiency, an efficiency of (7.9 ± 0.3)% was determined with respect to a commercial detector (EJ-426), which corresponds to an intrinsic efficiency of (2.5 ± 0.1)%. Also, Monte Carlo simulations were conducted, and the optimum value of the 10B layer thickness was found to be 2.5 μm