Biodiversità e valutazioni ambientali

This article addresses the legal protection of biodiversity across international, Eu- ropean, and national law, focusing on environmental assessment procedures (appropri- ate assessment, EIA, and SEA). It argues that such procedures are the primary locus for the exercise of administrative discretion in balancing ecological conservation with socio-economic interests. Particular attention is given to the Natura 2000 Network and its role in shaping decision-making. The paper also examines the recent reform of Article 9 of the Italian Constitution, which expressly includes ‘biodiversity’ and ‘ecosystems’ among constitutionally protected values, and considers its implications for administrative decision-making in light of the principle of non-regression. It concludes by suggesting a transition from a conservative to a regenerative paradigm, as envisaged by Regulation (EU) 2024/1191 on the Nature Restoration Law.