Le nuove disposizioni in tema di prospezione, ricerca e coltivazione di idrocarburi e le problematiche giuridiche connesse

After a brief exposure of the regulatory changes that affected the hydrocarbons and after a first conceptual framework of the different types of "Upstream" activities (ie, prospecting, exploration and production), the paper aims to offer a critical interpretation of the new provisions of the law decree of September 12th, n. 133/2014 (so called "Sblocca-Italia"). In particular, it will be shown the contrast today existing between two opposite needs: on one hand, the need of economic recovery linked to the energy exploitation and, on the other hands, the need of (strong) environmental and ecological protection (especially of "marine protected areas") in the light of the principles of "precaution" and "sustainable development". In this framework, the (new) rules laid down by the Italian government in the Art. 38 of the Decree "Sblocca-Italia", seem to be problematic, both in terms of compatibility with the Constitution (especially as to the compliance with the criteria of the allocation of legislative and administrative competences between State and Regions), and in relation with the supranational regulation (in particular communitarian) dedicated to the (sensitive issue) of the environmental protection in the so called "mining offshore" activities.