The course aims to provide students with: - thorough knowledge of the topics covered in the course, on the assumption of the acquisition of the basic elements during the previous university career; - the ability to critically address issues and resolve legal issues through the concepts learned. The student will therefore have to demonstrate that he is able to apply the concepts learned to concrete contexts and specific cases concerning individual problems of land government; - the strengthening of the technical language relevant to the subject. The student must demonstrate the ability to express the acquired notions with language properties, argumentative coherence, systematic rigor: - the ability to link the different topics in order to elaborate useful proposals for the solution of concrete cases, also through lessons carried out with the active participation of the students. The student must demonstrate to master the most relevant profiles of the subject in the light of the regulatory framework of reference and to know how to assume argued and legally sustainable positions with reference to the problems covered by the course.
Expected learning outcomes
At the end of the course the student will have a thorough knowledge or the topics covered; he will also have acquired a reasoning method fit to treat more specific and complex legal issues than the basic notions of the public law.
Lesson period: First semester
(In case of multiple editions, please check the period, as it may vary)
Historical development of urban planning law. Basis and objects of modern urban planning law. Administrative general decisions and urban planning rules. Urban law: administrative organization and principles. Urban plans and Administrative law principles. Planning administrative proceedings. General and specific area plans. The legal structure and content of general plans (zoning, infrastructures provisions, building of special interests and conservations areas). Operations and material changes in use. Planning permissions. Planning agreements and obligations. Italian urban law is based on principles typical of Italian system, which cannot be translated in English. Therefore the course requires a full comprehension of Italian language and a full knowledge of Italian legal system. Consequently students are kindly requested to read Italian version of the program.
Prerequisites for admission
There are no specific prerequisites. Students will consider that Urban law requires full knowldege of administrative law (organization and administrative procedure) and of local government law. Urban law has many, important and essential connections with other subjects such as constitutional law, civil law, criminal law, tax law, supranational constitutional justice, political economy.
The student can choose one of these handbooks: P. Urbani - S. Civitarese Matteucci, Diritto urbanistico. Organizzazione e rapporti, 6ª ed., Torino, Giappichelli, 2017; F. Salvia - C. Bevilacqua, Manuale di diritto urbanistico, 3° ediz., Padova, Cedam, 2017; M.A. Cabiddu (a cura di), Diritto del governo del territorio, 2° ediz., Torino, Giappichelli, 2014 (except chaptersi VI, VII e VIII); M. Carrà - W. Gasparri - C. Marzuoli (a cura di), Diritto per il governo del territorio, Bologna, Il Mulino, 2012 (except first part). Direct knowledge of the current legislation, state and regional of Lombardy, in the field of construction, urban planning and expropriation is essential. Students can use, among the collections of regulatory sources on the market, the Code of urban planning law. Collection of regulatory sources for university study, edited by A. Roccella, Milan, Educatt, latest edition available. The handbook is only a simple study aid and cannot replace regular attendance at lessons. Participation in at least four fifths of the lessons is essential for learning the subject, which does not lend itself to being studied individually and privately, only through the handbook. The course of lessons takes place with the active participation of students, so that learning takes place essentially through lessons. The materials used in the lessons are made available to students on the course website in the online teaching portal of the University of Ariel (ariel.unimi.it), constantly updated with information relating to any changes in the calendar and timetable of the lessons and the reception of students.
Assessment methods and Criteria
The final proof takes place in oral form and the assessment is expressed with a mark from 18 to 30, with possible honors. There are no intermediate evaluations. The final oral exam is assessed taking into account the correctness of the contents, the argumentative clarity and the skills of critical analysis and reworking.