75589 - Environmental Law and Regulation

Course Unit Page

Academic Year 2018/2019

Learning outcomes

The Course aims to introduce students to the following topics: 1. the relationship between public law and regulation in a general perspective: 2. the relationship between public law and economics in a general perspective; 3. the command and control model and the role of the market (market based instruments); 4. the relationship between public law and regulation: a) in different legal systems (such as: common law orders, civil law orders, with a focus on EU legal system and on Italian legal system); b) in the specific sector of the protection of the environment, with a focus on: - fundamental elements of environmental law; - the different dimensions of environmental law: the international dimension, the Eu dimension and the national dimension; - the sources of environmental law; - Eu environmental law and policy; - principles of environmental law coming from Eu law; - the relationship between Eu Environmental law and the Italian legal system; - the protection of the Environment in the Italian and Eu legal system; - tools of environmental protection; - environmental regulation according to the national and the Eu perspective: command and control instruments vs. market-based ones; - administrative procedures for environmental regulation; - land use and environmental protection; - energy regulation and environmental protection.

Course contents

1. Objectives, Principles and Conditions of EU Environmental Law; 2. Actors, Instruments and Decision-making Procedures in EU Environmental Law framework; 3. Union Powers and Member State Powers in EU Environmental Law; 4. Horizontal Measures in EU Environmental Law; 5. 'Vertical' Measures in EU Environmental Law: some examples; 6. Legal Aspects of Integrating EU Environmental Requirements; 7. Implementation of EU Environmental Law; 8. EU Environmental Law and Policy.

Readings/Bibliography

Ludwig Kramer, EU Environmental Law, London, Sweet & Maxwell, last edition, with limitation to the following chapters: - chapters 1, 2, 3, 4, 11, 12, 13, and, moreover, one among the following chapters: 5 / 6 / 7 / 8 / 9 / 10.

Teaching methods

Lectures with the support of IT (projection of slides) and debate on case studies.

Assessment methods

Written exam (multiple choice test), with the possibility to ask also for an oral exam (consisting in no more than one question) just in those cases when the written test has been passed.

The exam is aimed at evaluating the skills and the critical abilities developed by the students as regards to:

1. Objectives, Principles and Conditions of EU Environmental Law; 2. Actors, Instruments and Decision-making Procedures in EU Environmental Law framework; 3. Union Powers and Member State Powers in EU Environmental Law; 4. Horizontal Measures in EU Environmental Law; 5. 'Vertical' Measures in EU Environmental Law: some examples; 6. Legal Aspects of Integrating EU Environmental Requirements; 7. Implementation of EU Environmental Law; 8. EU Environmental Law and Policy.

The oral examination will focus on the above mentioned contents of the course, i.e. the chapters 1, 2, 3, 4, 11, 12 and 13, and one among chapters 5 / 6 / 7 / 8 / 9 / 10 (Biodiversity and Nature Conservation, Products, Water Protection, Air Pollution and Noise, Climate Change and Ozone Depletion, Waste) of the book suggested as handbook. The students have to write a report / paper about the chapter they have chosen among 5, 6, 7, 8, 9, 10, and send it to the teacher at least 10 days before the exam session.

Registration for the exam is compulsory, and students have to register through AlmaEsami according to the general rules of the School of Economics, Management and Statistics.

The mark is out of 30 points, and the minimum required to pass the exam is 18 / 30.

Teaching tools

Slides shown to the students during the lecturers, textbook, other documents (case law, sources of law, etc...)

Office hours

See the website of Melania D'Angelosante