Administrative courts and environmental protection in Italy. Problems, techniques and perspectives

The paper aims to analyze the complex evolution of the judicial protection of environmental interests in the Italian administrative jurisdiction, focusing on the standing of environmental NGOs. The latter have always played a central role in allowing the so-called ‘diffuse’ interests access to the courts, thanks to the ex-lege standing system introduced by Law No. 349/1986 and its expansion, which occurred with the development of the so-called ‘double track’ doctrine. However, the broadening of standing leaves some open questions regarding the standing of local branches of national NGOs and local authorities, which will also be addressed in the paper. Finally, the paper will address some of the most recent theories in the field of environmental protection that aim to further expand the standing to appeal to citizens and environmental associations.