L’algoritmo nello specchio del paesaggio

Abstract

This essay examines the contribution that artificial intelligence and digital twin technology can make to resolving the conflict—a structural one in the Italian legal system—between landscape protection and sustainable development, with particular regard to port infrastructure. Drawing on the 2022 constitutional reform (Constitutional Law 1/2022) and the resulting amendment to Article 9 of the Constitution, it analyzes how the mandate to "balance" interests, imposed by the Constitutional Court and reflected in recent administrative case law, can find algorithmic support as a tool for objectifying the technical discretion of Superintendencies. Within this framework, the analysis develops and coordinates the issues of landscape protection in port contexts, where the conflict between infrastructural specialty and general landscape constraints takes on unique connotations, already explored in the study dedicated to that specific criticality.