Learning objectives
The knowledge and the interpretation of the main environmental italian laws
Prerequisites
none
Course unit content
This course has mainly a giuridical approach and is divided in three parts (general, TUA and specialist)
Full programme
The conceit of environment to a national and international level
a) The environment in the Constitution
b) The environment in the code and in the first “Special Laws”
c) The environment to an international level
d) The environment within Europe
e) The knowledge of pollution
The fundamental principles
a) The principles in the environmental legislation
b) The principle of the sustainable development
c) The principle “Who pollutes must pay”
d) The principle of prevention
e) The principle of precaution
f) The latest frontiers: who pays pollutes?
Law’s sources. Preliminaries knowledge of the legal regulation
a) The sources of Italian law according to the Constitution and the Civil Code
b) The efficacy time, application and interpretation of laws
c) Up-to-dateness of the sources’ hierarchy: the national law
d) Up-to-dateness of the sources’ hierarchy: the community law
The instruments of politics and environmental address
a) The first systems of legal regulation about pollution
b) Politics of planning and address
b- 1) The environmental planning
b- 2) Economical instruments of environmental politics: incentives, disincentives and funds
b- 3) Fiscal instruments of environmental politics
b- 4) Administrative instruments of environmental law
c) IPPC: the Environmental integrated authorization
d) Voluntary instruments of environmental politics. The evolutive way of the environmental certification – the integration between the new community regulation EMAS and the IPPC
d- 1) The industrial experience
d- 2) The CEE regulation n. 1836/1993 (EMAS I)
d- 3) The national and international rules
d- 4) Principal differences between EMAS I and EMAS II
e) Environmental inspection and supervision
f) The agencies’ system
Environmental crimes
a) From the conceit of illicit to that of crime
b) The penal and administrative sanctions. Between penalization and dipenalization
c) The competence concerning illicits
The environmental damage. The system of responsibility
a) The conceit of environmental damage
b) The environmental associations
c) The White book on the responsibility for environmental damages
d) The civil liability in the Italian regulations
e) General characteristics of the article 18 of the law n. 349/86
e- 1) The responsibility for guilty
e- 2) The casual link
e- 3) Quantifications of the damage
e- 4) Coincidence among various responsibles
e- 5) Public action for the refund
f) New regulations concerning responsibilities for environmental damage. The discipline concerning the allowances
g) The knowledge of delegation of function
g- 1) The law elaboration
g- 2) Inadmissibility of the delegation of functions
g- 3) Admissibility of the delegation of functions
g- 4) The duty of inspection and supervision of the delegated
Sectorial discipline. Systematic analysis
a) The new administration of waste and of allowances
b) The water administration
c) Pollution by physical agents: air, electric smog, noise
d) The ground guardianship
Bibliography
Diritto e gestione ambientale, di S. Maglia e A. Postiglione, ed. Irnerio, II Ed.
Teaching methods
basic lessons
Assessment methods and criteria
oral examination
Other information
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