66005 - Environmental Legislation

Learning outcomes

At the end of the course, the student possesses fundamental legal-environmental knowledge with reference to international, community, state and regional law. It is also able to know and frame the main legal issues in the environment in all their aspects.

Course contents

The course provides an overview of the main institutional features of the legal framework protecting the environment. By way of introduction, it offers a concise reconstruction of the historical developments through which, in the Italian legal system, the environmental interest has been progressively translated into legal terms and protected at the legislative, administrative and judicial level.

Particular attention is then devoted to the international and European dimension of the subject, as well as, at the domestic level, to its constitutional aspects — including the reform of Articles 9 and 41 of the Italian Constitution introduced by Constitutional Law no. 1 of 11 February 2022 — and to the related question of the allocation of legislative and administrative powers among the different levels of government.

The course then examines the main functions and the most significant procedures designed to safeguard the environmental interest. Specific attention is paid to the controversial relationship between environmental protection and the promotion of sustainable economic development, and to the role played in this respect by the administrative simplification measures adopted over time, with a critical reflection on their effectiveness in practice.

Topics covered:

1. The ecological question in capitalist economies.

2. The emergence of the environmental interest as a legal interest: historical developments.

3. Forms of legal protection of the environmental interest.

4. The protection of the environment.

5. The constitutional dimension of environmental protection. The relationship with land-use governance. The reform of Articles 9 and 41 of the Constitution and the interest of future generations.

6. The allocation of legislative and administrative powers between central and local government.

7. The administrative organisation of environmental protection.

8. Specific environmental procedures (SEA, EIA, IPPC, single environmental authorisation).

9. Market-based instruments for environmental protection. Green public procurement and environmental certification. Sustainable finance and corporate sustainability reporting (Legislative Decree no. 125/2024) after the «Omnibus» package.

10. Liability for environmental damage. The remediation of contaminated sites.

11. Waste law and the circular economy. Ecodesign and extended producer responsibility.

12. Water law.

13. Energy and renewable sources. The consolidated act on renewables (Legislative Decree no. 190/2024), suitable areas and renewable energy communities.

14. Administrative procedure and environmental protection: the role of technical expertise, public participation and access to information. The limits of simplification.

15. Air quality and climate change mitigation. Climate litigation.

16. Biodiversity and nature conservation.

Readings/Bibliography

The following textbook is recommended:

G. Rossi, A. Farì (eds.), Diritto dell'ambiente, Torino, Giappichelli, 6th ed., 2026.

Or, alternatively:

P. Dell'Anno, Diritto dell'ambiente, Padova, Cedam, 8th ed., 2025.

And, in any case, in addition:

R. Ferrara, F. Fonderico, A. Milone, Casi di diritto dell'ambiente, Torino, Giappichelli, latest edition.

Attending students are also expected to study the additional materials — essentially judgments and administrative decisions — provided and discussed during the course and made available on the Virtuale platform. Constant reference to an updated text of Legislative Decree no. 152 of 3 April 2006 is essential; the free public databases Normattiva and EUR-Lex are sufficient for this purpose.

Teaching methods

The course consists mainly of lectures, in which active, constant and widespread student participation is encouraged.

Extensive use is made of real cases. Exercises and simulations are organised in which students, working in groups, examine and re-enact some of the leading Italian, European and international environmental disputes. Given the scientific background of the class, each legal institution is introduced starting from the concrete problem it is meant to solve, rather than from its abstract definition

Assessment methods

Students are assessed at the end of the course through an oral examination with the lecturer. The purpose of the examination is to verify the student's ability to apply the knowledge acquired and to draw the necessary logical connections, rather than to test rote learning.

For attending students, due account is taken of their involvement during the lectures and of their effective participation in the exercises. Attending students may also, by agreement with the lecturer, present a case analysis in class, which contributes to the final mark.

Grading scale: preparation on a very limited number of topics covered in the course and analytical skills emerging only with the lecturer's guidance, expressed in overall correct language → 18-19; preparation on a limited number of topics covered in the course and autonomous analytical skills only on purely executive matters, expressed in correct language → 20-24; preparation on a wide range of topics covered in the course, ability to make autonomous critical choices, command of the specific terminology → 25-29; substantially comprehensive preparation on the topics covered in the course, ability to make autonomous critical choices and connections, full command of the specific terminology, and capacity for argument and self-reflection → 30-30 cum laude.

Teaching tools

Students with specific learning needs are offered appropriate and dedicated learning materials, personalised programmes and constant support from the lecturer in reviewing and further exploring the course contents.

Office hours

See the website of Andrea Caravita Di Toritto