95909 - ELEMENTI DI DIRITTO DELL'AMBIENTE T

Learning outcomes

Full awareness of the legal concept of the environment, with reference to the following topics. Constitutional rules. Water, soil and air pollution. Defense of the sea and the coastal strip. The legislation on secondary raw materials. The administrative organization on the subject of atmospheric emissions of industrial plants. The legislation in force for the control of plants that produce energy.

Course contents

GENERAL AND INTRODUCTORY NOTIONS

- The legal concept of environment

- An overview of the birth and developments of legislation and bodies for environmental protection

- In particular, the (macro)sectoral policy environment as the cornerstone of general policies

- In particular, individuals and organizations between "rights" and "interests"

- The main methods of environmental protection

+ Command and control tools
+ Voluntary tools
> Incentives e.g. tax
> Certifications of conformity
> Agreements and conventions

- The system of sources of law (outlines)

- Organization and activities of the public administration (outline)

THE SOURCES OF ENVIRONMENTAL LAW

- The environment in the Constitution of Italy

- The environment in supranational legislation (international and Euro-unitary)

- The environment in Italian state and regional legislation

 

THE REFERENCE ORGANIZATIONS FOR THE PROTECTION OF THE ENVIRONMENT

- International organizations

- The EU bodies

- The Sector Dicastery

- The National Network System for the Protection of the Environment (Snpa)

+ The Higher Institute for Environmental Protection and Research (Ispra)

+ Regional environmental protection agencies

- The role of the regions and local authorities

- The (other) research institutions

+ National agency for new technologies, energy and sustainable economic development (Enea)

+ National Research Council (Cnr)

+ National Institute of Oceanography and Experimental Geophysics

TRANSVERSAL VALUES AND PRINCIPLES OF ENVIRONMENTAL LAW

- Sustainable development value

- Precautionary principle

- Principle of prevention

- Principle of correcting damages at the source

- “Polluter pays” principle

- (continued) Compensation for environmental damage

 

THE MAIN (SUB) SECTOR AREAS OF ENVIRONMENTAL LAW

- Waste

+ Classification

+ Uses

+ Waste management (the integrated waste cycle)

- The water

+ The fight against water pollution

+ Water management (the integrated water service)

+ The defense of the soil

+ The protection of the sea (outline)

- The air

+ The fight against atmospheric pollution

- The climate

+ The fight against climate change

- Other types of pollution

+ Electromagnetic pollution

+ Noise pollution

+ Light pollution

- Parks, reserves, protected areas

- The "control of the danger of major accidents connected to certain dangerous substances"

 

THE LIMITING AND/OR INTERCONNECTED AREAS

- Landscape assets and cultural assets

- Industry

- Healthcare

- Agriculture and agro-food

- Government of the territory

- Energy

 

ENVIRONMENTAL PROCEDURES

- The “ad hoc” rules in the general discipline on administrative procedures

- Complex procedures in environmental matters (e.g. Strategic environmental assessment, Environmental impact assessment, Integrated environmental authorization, Unfied environmental authorization)

 

ACCESS TO DOCUMENTS AND INFORMATION

- The right of access to documents

- The right of access to environmental documents and information

- Civic access

 

ENVIRONMENTAL CRIMINAL LAW

- Crimes

- Fines

- Criminal procedure and trial (outline)

Readings/Bibliography

Texts will be indicated on this web page before the start of the lessons.

Teaching methods

Frontal lessons.

Assessment methods

he type of test - whether written or oral - is defined during the academic year, in any case in advance of the exam sessions.

The evaluation of the test takes place as follows:

- for the oral tests, as a rule, three questions are formulated (with possible sub-questions for clarifications), the answers to which are worth from zero to ten points each. If there is a doubt about the sufficiency, or if the student wants an evaluation supplement to improve the mark, another question can be formulated, the answer to which is worth from zero to two points;

- for the written tests, as a rule, six questions are formulated, the answers to which are worth five points each;

- for both types of test, honors are awarded where the teacher recognizes a particular mastery of the contents and/or brilliance of the presentatio

Teaching tools

Students of the University of Bologna can access the most important databases of legislation, jurisprudence and doctrine via the following URL:

http://www.biblioteche.unibo.it/portale/strumenti/proxy

Office hours

See the website of Leonardo Zanetti