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 aims to provide a general description of the main institutional profiles that characterize the legal framework for environmental protection. As an introduction it will be offered a brief reconstruction of the historical events that, in the Italian legal system, have characterized the process of "juridification" of the environmental interest and the affirmation of its protection at the regulatory, administrative and judicial levels.

Therefore, particular attention will be paid to the international and European dimension which characterises the subject of study. Then, the constitutional aspects of environmental protection and the related problem of the allocation of legislative and administrative powers on the matter among the different levels of government will also be discussed.

Finally, the main functions and the most important procedures in place for the protection of the environment will be analysed. The course will focus, in particular, on the controversial and difficult relationship between the needs of environmental protection and the promotion of forms of sustainable economic development, whereas specific attention will be devoted to the discussion of the role played in this regard by the administrative simplification tools lately put in place and of their effectiveness.

The main issues that will be addressed are the following:

1. The ecological question in the context of capitalist economies.

2. The "juridification" of environmental interest: historical profiles.

3. The various forms of legal protection of the environmental interest.

4. Protection of the environment.

5. The constitutional dimension of the environmental protection. The relationship with the government of the territory.

6. The allocation of legislative and administrative powers between the centre and the periphery.

7. The administrative organization for the protection of the environment.

8. Specific environmental protection procedures.

9. Market instruments to protect the environment. Green procurement and environmental certification.

10. Liability for environmental damage. The regulation of environmental remediation.

11. Waste regulation and the circular economy.

12. Water regulation.

13. Energy and renewable sources.

14. Administrative procedure and the protection of the environment: the role of technology, participation and information. The limits of the simplification tools.

Readings/Bibliography

We recommend the adoption of the following teaching manuals:

G. Rossi (edited by), Diritto dell’ambiente, Torino, Giappichelli, 2021.

or, at choice, 

1bis) N. Lugresi, Diritto dell’ambiente, Milano, Wolters Kluwer Italia, VI ed., 2020;

and, in addiction,

2) R. Ferrara, F. Fonderico, A. Milone, Casi di diritto dell'ambiente, Giappichelli, 2023;

Attending students will also have to take into adequate consideration the additional materials, essentially judgments and decisions, provided during the course and discussed during classes.

Teaching methods

The course will be mainly held by means of frontal lessons. However, an active, constant and widespread participation of the students will be constantly encouraged.

Case studies will often be discussed and several moot trials will be organized, giving the students the possibility to study and revive, divided into groups, some of the main Italian, European and international environmental cases.

Assessment methods

The final evaluation of students' merits will take place, at the end of the course, through an oral interview with the teacher.

The purpose of the oral test will be to verify the student’s ability to apply his acquired knowledge and to perform the necessary logical-deductive links.

For attending students, adequate consideration will be given to their participation to class activities.

The final grade will be granted as follows: understanding of a very limited number of the topics covered in the course and poor analysis skills that needed a constant help by the teacher, expression in the correct language, mark btw 18-19; understanding of only a limited number of the topics addressed in the course and autonomous analysis skills only on a limited number of simple issues, expression in correct language, mark btw 20-24; understanding of a large number of topics covered in the course, ability to make autonomous choices of critical analysis, mastery of the specific terminology, mark btw 25-29; basically exhaustive preparation on the topics covered in the course, ability to make autonomous choices of critical analysis and connection, full mastery of specific terminology and ability to argue and self-reflection, mark btw 30-30L.

Teaching tools

Students who are affected by a learning disability (DSA) and in need of special strategies to compensate for it are kindly requested to contact the Teacher, to be referred to the colleagues in charge and get proper advice and instructions.

Students with differentiated teaching needs will be provided with: adequate and specific learning materials, personalized programs and a constant support from the teacher for the review of the course contents.

Office hours

See the website of Francesco Savo Amodio