B0050 - IL DIRITTO AMBIENTALE NEL QUADRO DELL'ECONOMIA CIRCOLARE

Learning outcomes

The aim of the course is to give an overview of the relationship between environmental protection and economic activity, with special focus on sustainable and inclusive growth. The circular economy will be represented as a regulatory framework consistent with both economic and environmental principles.

Course contents

The teaching of Environmental Law within the framework of the circular economy, will be carried out using the system of "innovative teaching" or teaching with hybrid model, 30 hours of teaching of which 10.5 hours in front and 19.5 hours online.
Part turned frontally: the environment and the reform of art. 9 and 41 of the Constitutional Charter and the principles which can be inferred from the case law of the Constitutional Court in this matter. The interdisciplinary character for effective environmental protection: legal profiles involving engineering, agricultural and biological sectors for the design and production of durable and renewable goods: from brown economy to green economy to circular economy, economic impact. Legal profiles of the circular economy such as regenerative economy and backcasting-based research, the adoption of measures to guide the transformation towards a new way of using resources; from the Ministry of Ecological Transition to the Ministry of Environment and Energy Security: identification of innovative elements. Rationalisation and simplification of authorisation procedures.
Part carried out online: sector disciplines. Waste management : waste as a resource according to the Decree No. 121/2020: the objective of the End of Waste - principles and principles of order and top of the discipline - general functions and criteria - the category of non waste - the cessation of the status of waste - authorisation regime for the construction of waste disposal facilities - the 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 No. 1/2020 and No. 85/2022. Provision for waste prevention, hazardous waste management, municipal waste management and special waste management, the management of contaminated sites and the safety of such sites

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

Teaching methods

The first part will use the frontal teaching method, aimed at outlining the general principles in the field of the environment, in particular the notion of the circular economy as a self-regenerative economy and the analysis of the Community waste framework, for reaching the end of wast. At the end of the front there will be the verification of the level of learning by the students, this will take place in written form, 4 open-ended questions, lasting 60 minutes.

The second part of 19.5 hours online will focus on a more detailed analysis of the Waste Directive, with particular reference to the construction of recycling and disposal sites and the creation of a market of "secondary raw materials". The second part, closely related to the general principles, will allow the verification of the level of learning by students. Students will present a thesis that will be exhibited in the classroom with the elaboration of slides. The essays, although also focused on the second part, will contain references to the general part for a verification of its understanding and will be assigned by the Teacher together with the Authors of reference.

Assessment methods

During a lesson, students can present a paper that will be the subject of discussion on topics agreed with the teacher, whose impact on the final vote will be 50%. The final exam of the course will be held orally and will be aimed at ascertaining the mastery of the discipline so as to be able to verify the understanding of the authors suggested to obtain the level of sufficiency (18-23). To access the next level (24-27) sufficient is required that the Student, albeit with some imprecision, is able to describe the constructs and have a good understanding of the proposed Authors. To access a good level (28-30) it is necessary not only a good understanding of the texts but that the Student is 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 different Authors and that he has assimilated their full understanding.

Teaching tools

The Teacher, to facilitate the understanding of the topics, will present on his web page, essential schemes that can’t replace the study of the Text, but only help the understanding of the lessons, schematizing the most complex steps.

In addition to the mandatory articles, it will be the responsibility of the Teacher to make available to the student in electronic format on their website, the additional material that the Course needs given the continuous evolution of the subject. In particular, some of the most important regulations and decisions of the High Court of Justice will be examined, which will be discussed in the classroom between the teacher and the students. The links will be gradually marked on the Teacher’s page.

Office hours

See the website of Giovanna Marchianò