Rischio idrogeologico e responsabilità civile

This work concerns the study of the Public Administration’s civil liability for damages occurring in the aftermath of hydrogeological events. The first part of the work analyses the concept of “hydrogeological risk” from a scientific and historical point of view: the first pages are in fact dedicated to the definition of the term, the calculation criteria and the hydrogeological tragic events that have marked the modern history of Italy. Subsequently the focus is shifted on a comprehensive evaluation of regulations concerning the prevention of hydrogeological risk, starting from the measures issued prior to the unification of Italy up to the current regulatory framework. Particular attention is paid to the evolution of the concept of hydrogeological constraint, understood as a point of equilibrium between property law, protection of the territory and public safety. The Flood Risk Management perspective is also considered, aimed at harmonizing national laws on floods and other calamitous events. The second part explores the legal sources relevant to the issue, moving from the Constitution to secondary sources and regional legislation. Within the primary sources, particular attention has been paid to the historical evolution of the Civil Protection system, conceived as a polycentric organization responsible for the prevention and first aid of the population. In this framework, a broad consideration is given to the European Union law aimed at standardizing the response that member States give to prevent and respond to hydrogeological events whenever necessary. The third part is dedicated to civil liability of the Public Administration bodies in charge of preventing hydrogeological risk. In particular, it is empathized how the harmful events determined by the occurrence of a hydrogeological risk can be considered within the liability for fault scheme of article 2043, or alternatively within the scheme of strict liability depicted by article 2051 of the Italian Civil Code. Eventually, the final part of the research carries on an in-depth case law analysis on cases concerning civil liability linked to hydrogeological risk, including unpublished judgments that touch on the issues of causality, subjective element, contributory negligence and the precaution in omissive causation.