The course aims to offer students the essential tools to correctly understand the legal principles and rules applicable to the field of the c.d. "environmental law", contained today mainly in Legislative Decree no. 152/2006. The lectures are also intended to illustrate the basic mechanisms of the main relevant environmental procedures (for example, reclamation procedures and waste management).
Expected learning outcomes
At the end of the course the student will know the essential tools to correctly understand the legal principles and the rules applicable to the field of environmental law, the fundamental notions of administrative law, may include the main administrative procedures on environmental issues and the functioning of the system of jurisdictional protection regarding environmental disputes. The student will develop skills related to legal reasoning with reference to the legal issues underlying environmental issues.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
The teaching program is divided into two parts, by subject area, and involves the presentation and discussion of the following topics:
Part I Administrative law - introduction - The principles of the administrative law; - The notion of public administration; - The division of competences in environmental matters; - The administrative act; - The administrative procedure.
Part II Environmental law - Legislative Decree no. 152/2006: Code analysis and reading guide; - The environment as a legal asset; - Environmental protection: fundamental models; - The principles of environmental law; - Environmental proceedings (Reclamation, Waste, etc.)
The explanation of the institutes of administrative law will be conducted, after a general introduction to the subject, looking in particular at examples and cases drawn from environmental law. The program of the course may undergo variations, for example in the event that it is deemed appropriate, also following the interest shown by the students, to dwell more on certain aspects of the subject.
Prerequisites for admission
No prior knowledge is required.
The teacher will use: a) lectures; b) seminar activities; c) organization of small groups of students to discuss, analyze and report the results achieved during the study of practical cases. The course uses e-learning teaching material on the Ariel platform (articles, sentences, in-depth materials used for explanation in class and not found on textbooks). The frequency mode is strongly recommended.
M. Clarich, Manuale di diritto amministrativo, Il Mulino, 2017, capitoli I-V, VIII. F. Fracchia, Introduzione allo studio del diritto dell'ambiente. Principi, concetti e istituti, Editoriale Scientifica, 2013.
Assessment methods and Criteria
The final exam is oral and is assessed in thirtieths. For both attending and non-attending students, to take the exam it is necessary to demonstrate that they have mastered the relevant constitutional and legal rules (in particular, Law No. 241/1990 and, with regard to environmental law, the d. Legislative Decree No. 152/2006). Students must show ability to organize discursively the knowledge and ability to reason critically about the realized study; the quality of the exposure and the competence in the use of the specialized vocabulary will be evaluated.