Page 131 - Supplemento 2-2016 (ENG)

Tackling Environmental Crime throUgh standardized Methodologies

described above, of the “social function” of the property.
Finally there is the power of participation in legal initiatives: the so-called

“popular sovereign action”. If the People and individual citizens as “structural
parts” of the People are, in the name of sovereignty, the true owners of the
territory and landscape, then it is clear that they also have to protect it at a legal
level. This then means that, in the face of a possible claim made by the private
owner, the citizens, individually or jointly, have the power to respond with a
much stronger claim, which is that of regaining the land that has been abused.

The picture outlined above highlights that, in addition to a clear constitu-
tional discipline, a constitutional “strategy” for development also exists, a stra-
tegy, as we have seen, that is essentially based on prescriptions of Article 43 of
the Constitution.

As is evident, this article is decidedly against “privatization” and considers
action in the hands of the public as an indispensable element for the rebirth of
our country. So, in the end, we must conclude by affirming that we will never
be able to rise out of the so-called “economic crisis” unless we “apply the
Constitution”, giving each Institute of ownership the weight it deserves and
acting for the common good in the “dynamic vision” of the Constitution itself,
which wants the direct and immediate use both of the resources of the territo-
ry and resources of the labor force. To do this, neither the action of citizens
nor the action of Institutions can be ignored; at the present time, instead of
putting aside 50 billion a year for 20 years, as ordered by the “fiscal compact”,
they must be asked to engage in the great public work of restoring the hydro-
geological balance of our territory, in order to distribute wealth to millions of
workers and thus increase consumption which constitutes the driving force
which is able to restart our entire economy.

Therefore there are various actions that citizens, individually or jointly,
have the power to propose and enforce. Apart from the just mentioned great
public work, it is indispensable to obtain, through laws proposed on popular
initiative, the revision of all regulations on private property so that they corre-
spond to constitutional principles, and the repeal of the following laws through
a referendum: all provisions that allow the “Privatization” of state property
(remember that the Constitutional Court, with the cited sentence of 2011 of

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