Verso un ampliamento delle ragioni di tutela del suolo: la valorizzazione dei suoi servizi ecosistemici

The study aims to verify whether the ecosystem functions and services of soil, are adequately highlighted in Italian national law as they are in European law, and it reaches a negative conclusion. It is hoped that de iure condendo action can be taken in this regard. The analysis begins with the “state of health” of the Planet, referencing the theory of “Planetary Boundaries.” The role of the economy in environmental protection is recalled, and then the two poles of ecological transition are introduced: energy transition and transition of production systems. The main international legal acts on soil, numerous European soft law acts, and derived law are referenced, with particular attention to the Nature Restoration Law and the proposal for a directive on Soil Monitoring. The paper highlights the need to increase the level of protection for this resource, which is now clearly taking on a multipolar configuration. The study concludes that the recent process of reforming the Italian environmental codification could provide an excellent opportunity in this regard