Local Community Engagement in Pesticide Regulation: A Commentary on the Italian Council of State's Judgment in the Municipality of Malles Case

In resolving the controversy over the competence of the municipality of Malles to impose restrictions on the use of pesticides and herbicides within its municipal territory, Judgment 4307/2020 of the Italian Council of State clarifies that municipalities do not have such competence under the Italian legislative framework governing pesticide use. Simultaneously, the Council further emphasises that, even if such authority were granted, it would conflict with Regulation 1107/2009 on the placement of pesticides on the market and therefore, any national provisions that might confer this competence should be disregarded in accordance with the principle of the primacy of EU law. This case note contests the Council's arguments for two essential reasons. First, the Italian administrative court's interpretation is inconsistent with recent jurisprudence from the Court of Justice of the European Union. Second, it fails to consider the institutional autonomy of the Member States. Against this background, this case note argues that in accordance with the principle of institutional autonomy, Member States should establish a regulatory framework for pesticides that actively involves local communities in the decision-making process.