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 textbook is Paolo Dell'Anno, Diritto dell'ambiente, 2022.
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 public 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; 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.).