86436 - Environmental Law (Italian - Spanish Law Individual Study Plan)

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

1. The environment: the reform of articles 9 and 41 of the Constitutional Charter and the principles inferable from the jurisprudence of the Constitutional Court on environmental protection.

2. The interdisciplinary character for effective environmental protection: legal profiles involving engineering, agricultural and biological sectors for the design and production of durable and regenerable goods. The determining role of scientific research.

3. The circular economy and the need for an interdisciplinary approach towards 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.

4. 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: analysis of the Program Lines for updating. Document for consultation, 30 September 2021, taken by the Ministry of Ecological Transition, National Strategy for the Circular Economy.

5. Sector disciplines:

5.1 waste management - waste as a resource according to the provisions of Legislative Decree no. 121/2020: the goal of the End of Waste - ordering principles and top notions of the discipline - functions and general criteria - the category of non-waste - the cessation of the qualification of waste - authorization regime for the construction of disposal plants waste - the problem of natural resources and the growth of poverty, Judgment of the Court of Justice, 18.4.2002 C-9/00 Palin Granit Oy and Vehmassalon kansanterveystyön kuntayhtmän hallitus; Judgments of the Constitutional Court n. 1/2020 and n. 85/2022

5.2 atmospheric pollution: the protection of air from atmospheric pollution - from international treaties and European disciplines to national legislation -

5.3 energy efficiency

5.4 energy from renewable sources

6. Authorization schemes: V.A.S. strategic environmental assessment and verification of subjection; STREET. environmental impact assessment; procedure and effectiveness of the final provision, monitoring and control; A.I.A. integrated environmental authorization; A.U.A. single environmental authorization. Rationalization and simplification of authorization procedures. The innovations introduced by the Environmental Simplification Decree (Legislative Decree 16 July 2020, n.76, converted with amendments by Law 11 September 2020, n.120)

7. The PNRR, Green revolution and ecological transition, as a response to the transversal nature 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.

Readings/Bibliography

Paolo Dell’Anno, Diritto dell’ambiente, CEDAM, Scienze giuridiche, VI ed., 2021, Part I (pp. 1-39), Part II (pp. 44-124), Part III, Paragraph 6 (pp. 183 -261), Paragraph 8 (pp. 286-312)

Next to the text adopted above, the student can choose one of the six articles or essays listed below that he will find in the teaching material

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-M. Buccarella, Alcune considerazioni sulle principali novità introdotte dal decreto semplificazioni in materia di diritto ambientale, in www.ambientediritto.it, 1/2021

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 by 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; this will aim to make the student acquire exhibition skills in order to give rise to a debate that may involve the entire course. Another positive element will be the student's ability to be able to develop papers that are able to synthesize legal issues on specific topics.

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

In addition to the textbook, it will be the Professor’s responsibility to make the additional material the Course requires available to the student in electronic format on their website.

 

Office hours

See the website of Giovanna Marchianò