15212 - DIRITTO DELL'AMBIENTE

Academic Year 2021/2022

  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Second cycle degree programme (LM) in Law and Economics (cod. 9221)

    Also valid for Single cycle degree programme (LMCU) in Law (cod. 9232)

Learning outcomes

ENVIRONMENTAL PROTECTION IN THE FRAMEWORK OF THE CIRCULAR ECONOMY


The course aims to provide the student with the relationship between environmental protection and economy with particular reference to sustainable and inclusive economic growth.
Interdisciplinary characteristics will then be examined for effective environmental protection that involves not only legal and economic profiles but also agricultural and biological ones. We will focus in particular on the characteristics of the circular economy, as a regulatory framework that responds to an economic and not just environmental logic. The innovations introduced in the simplification decree will also be examined, as well as the provisions of the NRP on environmental sustainability and ecological transition.

As part of the teaching, the student will have the opportunity to acquire knowledge relating to the transition from a linear economy to a circular economy, with reference to European directives and national legislation with particular attention to the role of the Regions.

The focus will therefore be on the development of a sustainable economy that tends to make waste a resource and not a problem.

The course is closely linked to one of the "Goals for Sustainable Development (SDGs) of the UN" and in particular to the number

12 RESPONSIBLE CONSUMPTION AND PRODUCTION: - waste production and management (prevention, reduction, recycling, reuse) - Green economy (“from cradle to cradle” circular economy, green growth, degrowth).




Course contents

  • The environment: Constitutional Court ruling no. 378/2007.
  • Legal profiles of the circular economy as a regenerative economy and research based on backcasting, the adoption of measures to guide the transformation towards a new way of using resources; see Ministry of Ecological Transition, National Strategy for the Circular Economy, Program Lines for updating. Document for consultation, 30 September 2021.
  • Total or partial recovery and reuse of raw materials already used in a previous production cycle to achieve sustainable and inclusive economic growth; the problem of natural resources and the growth of poverty. Judgment of the Court of Justice of 18.4.2002– C-9/00 Palin Granit Oy e Vehmassalon kansanterveystyön kuntayhtmän hallitus.
  • The interdisciplinary nature for effective environmental protection: legal profiles involving engineering, agricultural and biological sectors for the design and production of durable and regenerable goods: the decisive role of scientific research.
  • The circular economy and the need for an interdisciplinary approach or a conceptually regenerative economy that originates from the observation of nature to improve and optimize the systems through which it operates. From the brown economy to the green economy to the circular economy.
  • The PNRR, Green Revolution and ecological transition, as a response to the transversality of the sector, albeit in the perspective of the centrality of the green transformation in forecasting the development of new business models with particular attention to SMEs.
  • Waste as a resource according to the provisions of Legislative Decree no. 121/2020: the goal of the End of Waste.
  • The innovations introduced by the Simplification Decree on environmental matters (Legislative Decree 16 July 2020, n. 76, converted with amendments by Law 11 September 2020, n. 120).
  • Rationalization and simplification of authorization procedures.

 

Readings/Bibliography

Instead of a single text, given the novelties mentioned in the Course, the Student must submit five articles and essays that they can download from the internet:

1-Monica Cocconi, Un diritto per l’economia circolare, in Il diritto

dell’economia, 3/2019, pp. 113-162

2- F. De Leonardis, Economia circolare: saggio sui suoi tre diversi aspetti giuridici. Verso uno stato circolare? in Diritto Amministrativo, 1/2017

3- F. De Leonardis, Il principio di prevenzione e novità normative in materia di rifiuti, in Riv. Quadrim. Diritto dell’Ambiente, 2/2011

4- G. Marchianò, L’economia circolare con particolare attenzione ai rifiuti urbani, ex DL n. 121 del 3 settembre 2020, in www.ambientediritto.it, 1/2022

5- C. Feliziani, Industria e ambiente. Il principio di integrazione dalla rivoluzione industriale all’economia circolare, in Riv. Diritto amministrativo, 4/2020

6- G. Marchianò, Regolazione dell’energia elettrica da fonte rinnovabile in particolare nei terreni agricoli, in www.ambientediritto.it , 4/2020

 

Teaching methods

With regard to teaching methods, the lectures will alternate with the presentation of papers and slides prepared by the students on a specific theme agreed with the teacher who, during the exhibition, will try to stimulate the debate among the students on the topic dealt with.

Assessment methods

The final exam of the course will be held orally and is aimed at ascertaining the mastery of the discipline so as to be able to verify the understanding of the authors suggested to obtain the sufficiency level (18-23).
To access the next level (24-27) sufficient it is required that the Student, albeit with some imprecision, be able to describe the constructs and have a good understanding of the authors proposed.
To access at a good level (28-30) not only a good understanding of the texts is required but the student must be able to specify the conceptual constructs in environmental matters.
The level of excellence (30 L) presupposes that the student accurately describes the contribution of the various authors and that he has assimilated their full understanding.

 

Teaching tools

With regard to teaching methods, the lectures will alternate with the presentation of papers and slides prepared by the students on a specific topic agreed with the teacher. The teacher, in the classroom during this exhibition, will try to stimulate the debate among the students on the topic dealt with.

 

 

Office hours

See the website of Giovanna Marchianò

SDGs

Responsible consumption and production

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.