Course teached as: B019340 - DIRITTO DELL'AMBIENTE 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
The course of environmental law is divided into 2 parts. The first one aims to provide students the basic legal instruments to the understanding of environmental law. In addition to the analysis of national environmental legislation are also provided elements of international law and European Union law. In the second part of the course each student is assigned an environmental sector legislation on which to develop a research paper to comment in class.
For attending students:
- students who have regularly attended the course will take the exam on the notes taken from the lessons and on any material indicated by the professors at the beginning of the course.
For non-attending students obtaining 6 credits:
- Caravita-Cassetti-Morrone, Diritto dell’ambiente, il Mulino, 2016 (the entire book).
Learning Objectives
Knowledge. The course aims at providing students basic knowledge for the interpretation and application of environmental law. During the first part of the exam the professor will give students basic methodological hints to understand the functioning of environmental law at an international, European, and national level.
Capabilities. The course will stimulate students’ capability to orientate into the labyrinth of environmental legislation giving them a brief research paper over a specific topic to prepare and discuss in class during the second part of the course.
Prerequisites
All students are required to have passed the exam of constitutional law (general) or public law and administrative law.
Teaching Methods
The first part of the course will take place in a classical frontal mode, while the second in a seminar form with the active involvement of each student.
Students are constantly encouraged to express their opinions and to compare what they already know with the new knowledge acquired through the course.
The professor uses Moodle to fix the schedule of lectures and for the exchange of material.
Type of Assessment
Non-attending students: Oral examination usually consisting of two or three questions.
Attending students: Oral examination usually consisting of two or three questions. The professor will take into consideration the student’s participation to the class, and the presentation of the paper made during the second part of the course.
Course program
First part:
- Introduction to the course and methodology.
- The environmental regulation: incentives and sanctions.
- International environmental law.
- European environmental law and policy.
- The principle of subsidiarity and the division of competences between EU and states.
- The role of the ECJ.
- The Italian Constitution and the environmental protection.
- The adjudication of environmental issues before the Italian Constitutional Court.
- The division of competences between the Italian State and Regions.
- The reform of the 2001.
- The “Italian Environmental Code” of the 2006.
Second part:
- In this part each student will prepare a brief paper analysing a specific field of environmental law (e.g.: waste, parks, water, air pollution, civil liability, precautionary principle, etc.).