Dipartimento di Scienze della Vita e dell'Ambiente - Guida degli insegnamenti (Syllabus)
Lectures and presentation of case studies (4 credits, 32 hours)
The course enables students to acquire knowledge of the national and international legal framework of environmental law.
Specifically, students will gain the knowledge:
• the general principles of law and the legal systems (sources of law, legal systems, organs and responsibilities, administrative proceedings);
• the international environmental law (principles, sources and historical development of the international and EU environmental law);
• the general and the special section of national environmental law.
Ability to apply the knowledge:
The student will be able to find, understand and apply to national and international standards of environmental law.
Students will gain the knowledge of the regulatory framework in which they're going to carry out any future technical and scientific activities on the environment.
Lectures and presentation of case studies (4 CFU, 32ore):
LAW PRINCIPLE: the sources of law, the elements and the powers of the state, (the difference between organ and office), the competence, administrative decentralization, the interests and the rights and forms of protection, the administrative procedure and the participation, the right to access.
LAW AND ENVIRONMENT: environmental law, sources of international environmental law, the principles of international environmental law, the prohibition of transboundary pollution, the prevention principle, the precautionary principle, the polluter pays principle, cooperation between states, sustainable development, common but differentiated responsibility, the Kyoto Protocol.
EUROPEAN LAW ENVIRONMENT: regulations, directives, decisions and opinions, the European Union treaties, the EMAS, the ECOLABEL.
NATIONAL ENVIRONMENTAL LAW (GENERAL SECTION): the environment and the constitution, the principles of subsidiarity differentiation and adequacy, the peculiarities of the sources and environmental instruments, the principles of environmental action, the right of access to environmental information, ISPRA, ARPA, environmental groups, environmental administrative proceedings.
ENVIRONMENTAL INFORMATION IN ITALY
ENVIRONMENTAL PROCEDURES: VIA, VAS, AIA, AUA
THE ENVIRONMENTAL DAMAGE: general aspects of environmental damage, preventive action, recovery action, action for damages
RESPONSIBILITY 'AND INSTRUMENTS OF ENVIRONMENTAL DAMAGE PROTECTION: civil liability, criminal liability, the ordinary and administrative jurisdiction, administrative and criminal penalties, the administrative offense, the offense: elements, subjects involved, the phases of the criminal proceedings, the judicial police, the environmental crime
WATER: the prevention of water pollution, water resources management, soil conservation, the Floods Directive
AIR: general aspects, prevention and limitation of atmospheric emissions of installations and activities, civil heating systems, fuels, quality assessment, ambient air, ozone, global warming, transboundary pollution, urban traffic.
WASTE: principles, concepts, the waste management activities, recovery activities necessary skills, licenses and registration, monitoring of waste, the sanctions system, packaging
INDUSTRIAL MAJOR ACCIDENT: the Seveso directives and their implementation, purpose, definitions, categories of establishments, the skills, the means of prevention, the domino effect, the highly concentrated areas of establishments, emergency plans, information and consultation of the population in case of emergency
ENVIRONMENTAL RECLAMATION: preliminary issue, regulatory changes, sites to be reclaimed, procedures, water reclamation, soil reclamation, owner not guilty, transactions
PARKS AND PROTECTED NATURAL AREAS
Methods for assessing learning outcomes:
The examination is an oral exam: during the examination the teacher evaluates the student learning.
Criteria for assessing learning outcomes:
During the oral examination the student will be demonstrate to know:
- at least two topics of the whole programme of environmental monitoring,
- at least two topics of the whole programme of environmental legislation.
Criteria for measuring learning outcomes:
The final mark is attributed in thirtieths. Successful completion of the examination will lead to grades ranging from 18 to 30, and 30 with laud.
Criteria for conferring final mark:
The final mark is attributed by evaluating the learning of the student on the contents of the course and by evaluating the complete mastery of the matter.
Copy of slides available
One of the Following texts
E. Benacci, Compendio di diritto dell’ambiente, Ed. Simone, 2016, VIII ed.
G. Rossi (a cura di), Diritto dell’ambiente, Giappichelli 2015, III ed.
AA.VV., Diritto dellambiente, Ed. Simone 2011, IX ed.