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ENVIRONMENTAL LAW

Academic year and teacher
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Versione italiana
Academic year
2022/2023
Teacher
MARCO MAGRI
Credits
6
Didactic period
Primo Semestre
SSD
IUS/10

Training objectives

The course aims to form a theoretical and practical knowledge of the foundamental principles of environmental law and their administrative tools. Main knowledge acquired at the end of teaching: general concepts and structure of the legal environmental standard; historical evolution of environmental law; supranational and national sources; classification of relevant administrative functions in the environmental law; analysis of the Legislative Decree n. 152/2006 (environmental code). Main skills acquired at the end of the course: to interpret and correctly apply the six parts of the Environmental Code, in the light of international and European principles.

Prerequisites

The prerequisites are private law and administrative law. The fundamental concepts of constitutional law correspond to a good understanding of the rules on rights and sources, in particular Articles 117 and 118 Cost. In private law is required, in particular, a good knowledge of the rules on property, contracts, civil liability. For administrative law the knowledge concerns the fields of organization, activities, judicial review. The essential notions of European Union law correspond to a good knowledge of the Treaty on the Functioning of the European Union, particularly on the sources and on the competences of the Court of Justice. In addition, it is useful to have a basic understanding of the elements of the criminal law.

Course programme

1) General framework, features, historical development of environmental law system (8 hours).
2) Sources (8 hours).
3) Administrative tools of pollution control: planning, permits, sanctions (8 hours).
4) Water. Soil conservation. Water pollution prevention; quantitative protection of water resources (8 hours).
5) Waste management. Soil remediation and environmental damage (8 hours).
The table of contents can be found in the teaching site. The hours dedicated to each group of subjects can change depending on factors such as the level of attention of the students, the degree of participation, any judgment or other events of particular interest not provided for at the beginning of the course.

Didactic methods

The teacher will give front lectures, including discussion of cases with the student's participation.The course will be delivered exclusively in presence.

Learning assessment procedures

Oral examination with at least two questions concerning one of the chapters listed in the index. The student, in order to demonstrate the knowledge and skills contained in the "course objectives" box, will be argued following the prepared lesson method: identification of sources, description of administrative tools provided by the sources, explanation of their basis and any indication of way of solving practical circumstances outlined by the teacher.

Reference texts

G. Rossi (a cura di), Diritto dell'ambiente, Giappichelli, 2021, limited to the following chapters:
PART 1: chapters III, IV, V, VI
PART 2: chapters VI, VII, VIII, IX, X, XI, XIII, XV.
Attending students may choose to take the exam by studying exclusively on class notes.
ONLY FOR ERASMUS STUDENTS: G. Cordini, P. Fois, S. Marchisio, DIRITTO AMBIENTALE. Profili internazionali, europei e comparati. Giappichelli, Torino, 2017