The Implementation of the Second Pillar of the Aarhus Convention in Italy: The Need for Reform and for Introduction of the So-Called “Deliberative Arenas”

This article aims at giving an overview of the level of public participation in environmental proceedings in Italy, with particular regard to the procedures concerning major works, which generally raise opposition from the communities involved (let us think of the NIMBY and the BANANA syndromes). These conflicts are quite often the effect of a lack of public participation in the decision-making process. One of the most well known examples is given by the construction of the high speed railway line (known as T.A.V.), to connect Turin and Lyon, which has aroused very strong protests, mostly as a consequence of the so-called DAD approach (Decide, Announce, Defend), and are still ongoing. Reflections on participatory guarantees in the environmental field entail the analysis of the implementation in the Italian legal system of the Aarhus Convention, which is a milestone in the evolution of environmental democracy. This paper will focus on participatory rights, and, specifically, on the second pillar, whose implementation in Italy will be investigated as to the Environmental Impact Assessment (EIA), especially when major works come into consideration, and the Strategic Environmental Assessment (SEA). This article will also formulate some preliminary considerations on the diffusion in the environmental (and planning) field of the so called “deliberative arenas” (in Italian: “arene deliberative”), a new frontier of public participation in decision-making, analyzing some experiences at a regional level.