“The role and efficacy of guidelines in the environment sector”
Luciano Butti, Attilio Balestreri,
Bea – Il bollettino degli esperti ambientali, Elpo Edizioni, 2015, n. 3, p. 40.
In the higly technical and ever-changing environment sector, norms and regulations not always constitute the best regulatory tools. In this context, technical guidelines play a fundemental role, which transcends the hierarchy of laws. The Best Available Techniques (BAT) elaborated at the EU level are able to crystallize technical data at sustainable costs and, in doing so, accommodate needs of innovation and efficacy. In the same way, technical guidelines are an important instrument, able to “overcome” normative limits, while fostering uniformity amongst operators. In Italy, the ISPRA guidelines on measurement uncertainty play a notable role. With the support of case law, these guidelines have become a reference point used to overcome the technical-scientific uncertainties that may permeate legal matters.