The course in compliance with the Laurea Magistrale and Triennale goals, aims at providing the students all the tools to solve legal problems concerning environmental matters and to improve their capability to master the complex relationships existing in the environmental globalized arena. The course aims at helping students to develop a critical mind and an autonomous way to analyze both the doctrine and the line of case of the supreme courts. In addition the course aims at developing students ability to explain legal concepts by public speaking andand individual points of view in a clear and synthetic way. Last but not least, the course intends to stress the peculiarities of environmental law if compared with general administrative law and Italian environmental law eligibility to give a real protection to environment, especially in the light of the sustainable development principle. The course aims at helping the studends to better understand the main topics of administrative law.
During the course a special attention will be given to the main principles which master the environmental law. During the lessons a special focus will be put on the international and European principles (precautionary principle, prevention principle, sustainable development, "polluter pays" principle, wise use of natural resources ...). Among the topics which will be featured: international, European and national sources of law, with special attention to the “Environmental code” ( d.lgs. n. 152/2006); main environmental procedures and authorizations, water resources management, environmental damage with related liabilities, waste law .The important topic of energy will be analyzed in different aspects.
The topics analyzed in the books which constitute the different programs among which students can choose.
By way of example and not exhaustive:
National, European and international sources of environmental law. The main European principles ( the sustainable principle) The administrative organization and the protection of environment. Italian Administrative organization and the protection of environment. The “environmental Code”
Market and environmental protection ;the environmental certification;
Water resources management; Environmental damage and liabilities.;Waste law; Energy and protection of environment. Air pollution and climate change; biodiversity protection; electromagnetic and acoustic pollution; the reclaim of polluted land; green clauses; soil protection; protection against air pollution, food and environment; environment and land planning; the environmental certification.
Students will choose only ONE among the following programs which are alternative programs:
A)
Diritto dell'ambiente, edited by G. Rossi, with the exception of chap VII of part. III ( criminal law and environment)Giappichelli, Torino, last edition available
B)OR, AS AN ALTERNATIVE:
-P. Dell'Anno, Diritto dell'ambiente, Cedam, last edition (with the exclusion of chapter 7 of the third part: Diritto penale ambientale)
c) OR AS AN ALTERNATIVE B. Caravita, L. Cassetti e A. Morrone, a cura di, Diritto dell'ambiente, Il Mulino, last ed.
The course will be based essentially on theoretical lessons about the main principles of environmental law, with a special attention also to the Italian and European Courts line of cases. During the lessons students participation will be strongly encouraged.
A great importance will be given to the oral discussion of the line of cases of the supreme Courts with the aim to know the students point of view and to help them to better enter future professional careers.
The aim is also to get the students used to study in autonomy , to conceive new ideas and to develop a critical perspective of legal concepts, and , last but not least to solve legal problems, connected to the environmental matters. Students legal concepts public speaking will be strongly encouraged, also to help them to enter, in the future, in the different professional fields.
If possible, lawyers, judges, environmental experts or scholars ( also foreign scholars) will be invited to participate to seminars to increase students capability to apply the theoretical concepts.
Oral exam. The exam aims at verifying the full knowledge of the topics explained in the the different suggested programs. During the exam the students ability to apply the general principles to concrete facts will be verified, in addition to their ability to explain legal concepts. Students must demonstrate to know the “Environmental Code” in all its main articles.
Students have to study the main content of the provisions contained in the environmental code, mentioned in the book used to prepare the examination. Students who are interested in obtaining the thesis in Environmental Law, are kindly requested to get all the information about the thesis, available at the Tutors.