EU ENVIRONMENTAL LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- SILVIA MANSERVISI
- Credits
- 6
- Didactic period
- Primo Semestre
- SSD
- IUS/03
Training objectives
- Main knowledge:
With regard to knowledge, the aim of the course is twofold: at first to provide the students with a framework of principles and objectives of EU Environmental Law, by focusing on the multilevel sources of Environmental Law, the granting of the principles developed in International Environmental Law by the European Union, the close connection between EU and International Environmental Law, which has been strengthened and extended by the changes introduced with the Lisbon Treaty. At the same time the course will stimulate the students' interest in emerging and most current issues of EU environmental action even in its evolutionary lines through a transversal approach and engaging the most recent case law of the Court of Justice of the European Union, the most recent official documents of the institutions of the European Union, in the awareness of the consolidated leading role which with clear evidence the EU has taken since long in the context of global environmental governance.
Main abilities:
With regard to abilities is required to apply the knowledge acquired during the course and therefore the ability to reconstruct the legal and case-law framework. It also required the capacity for critical analysis of the matter leading to know properly address emerging environmental issues starting from the awareness of multi-level placement of the sources of environmental law, using a cross-sectoral approach, also involving EU law as interpreted by the Court of Justice of the European Union, knowing consult and apply in addition to it also the official documents, particularly the most recent, of the European Union institutions. Prerequisites
- It is essential to address the course and to sit the examination that students have a good knowledge of the general principles and institutional system of the European Union.
The students are not allowed to sit the examination if they have not previously passed the preliminary examinations of European Union Law and therefore, consequently, also of Constitutional Law and Institutions of Private Law. Course programme
- The course relates to the study of EU environmental law and focuses on a transversal approach through which, starting from the input of international environmental law to the creation of environmental law at the level of principles that plan and ordered the matter, are brought to light aspects of synergy between international environmental law and European Union environmental law. To these aspects will be dedicated about 10 hours of the course. Then the course will proceed with the study of the rules of the EU primary law (set out in the Treaty on European Union, in the Treaty on the Functioning of the European Union and in the Charter of Fundamental Rights), and with an overview of the main action areas of EU environmental policy. To these issues will be addressed about 16 hours of the course. It then focused attention on the areas which are the cardinal elements of EU environmental policy and then of greater relevance of the EU action: the area of climate change, biodiversity, renewable energy in the context of the European Union’s environmental and energy policy and waste. On these profiles will focus about 14 hours of the course.
Didactic methods
- Lectures, in which are analyzed with a multi-level transversal approach the sources and the application profiles of EU primary law in the light of the crucial role of interpretation of the European Court of Justice and with the support of the most recent official documents of the European Union Institutions, with particular reference to the emerging sectors of EU environmental law and its evolutionary lines.
During the lectures the teacher will use slides to illustrate the basic concepts of the topics covered by the program of the course.
The course will take place in the First Semester with lectures in Italian.
Classes will take place in the presence on Thursday and Friday and will be recorded on the EIDUCO platform (https: ufe.eiduco.com), in which course slides are available in addition to the recordings of the lessons. To access the platform, the student's login is ufe.eiduco.com; the Course Registration Code is TVP112FWA.
The lessons will be held in person in Rovigo and will be broadcast via streaming for the students of Ferrara. The access link to the virtual classroom will be communicated via email to students enrolled in the course. Learning assessment procedures
- For students not attending classes the examination consists of an oral test that focuses on learning of the course content in the light of the indicated formative objectives, through two main questions asked to the student on the program of the course. The final assessment will be the result, tendentially, of the average of the grade obtained by the student for each question, unless there is a failure right from the start in the examination preparation.
For students attending classes, the examination may be done at the end of the course, in the context of the extraordinary examination session regulated, only in oral form on the topics covered during the lessons through two main questions posed to the student: a question on the mandatory general part common to all and one question on a part that students can choose within the topics proposed by the teacher in class. The final assessment will be the result, tendentially, of the average of the grade obtained by the student for each question, unless there is a failure right from the start in the examination preparation.
The exam in both modalities (non-attending-attending) is oral. Reference texts
- S.MANSERVISI, Nuovi profili del diritto ambientale dell’Unione europea tra evoluzione scientifica e sviluppo sostenibile, Presentazione di Luigi Costato, Roma, Aracne, 2018, codice ISBN: 978-88-255-1615-9.
Students non-attending classes: S.MANSERVISI, Nuovi profili del diritto ambientale dell’Unione europea tra evoluzione scientifica e sviluppo sostenibile Presentazione di Luigi Costato, Roma, Aracne, 2018, codice ISBN: 978-88-255-1615-9: capitolo I; capitolo II: study up to par.2.12; capitolo III: study from p. 217 top.223 + students can choose one of the following parts: a) climate change from p. 223 to p. 272 or b) waste and biodiversity: from p. 272 to p. 325 and from p.333 to p. 342.
Students attending classes: slides of the lessons available on the EIDUCO platform: in this case the exam consists of a question posed by the teacher about the general compulsory part of the course. The lessons will continue with topics on specific issues of climate change, renewable energy, waste and biodiversity. The topic chosen by the student can concern all the topics covered in class, therefore also a topic of the general part (and available in the slides on the EIDUCO platform). Only those attending can take the session reserved for those attending December.
The exam in both modalities (non-attending-attending) is oral.
