Learning objectives
The course aims to provide the student with the basic knowledge for the study and understanding of administrative law and environmental and landscape legislation. At the end of the course, the student must have acquired the ability to 1) know and critically evaluate the most significant principles and institutions concerning the functioning of the public administration and the main rules dedicated to the protection of the environment and the landscape.
Prerequisites
- - -
Course unit content
The course illustrates the main problems relating to administrative law, within the scientific disciplinary sector both the legal discipline of the environment and that of the landscape are placed, which therefore refer to two different regulatory sets. For both, however, it is necessary to start from the indicated common to the SS10 and therefore it is necessary to mention the most relevant legal institutions that govern them starting from the concepts of a) legality and b) procedure. Having said this, we will then briefly deal with: 1) the historical evolution, internal, community and international environmental regulations; 2) the administrative organization of the environment and institutional subjects that are an expression of it; 3) the classification and dynamics of administrative procedures relating to the environment; 4) the historical evolution and the juridical notion of the landscape; 5) the institutional subjects who are authorized to do so; 6) the identification, control and management of landscape assets; 7) the planning function, the sanctions and the differentiated safeguards for the environment and the landscape.
Full programme
1) Principles and most relevant administrative law institutions: a) legality and b) procedure.
2) historical evolution, internal, community and international environmental regulations; 3) the administrative organization of the environment and institutional subjects that are an expression of it; 4) the classification and dynamics of administrative procedures relating to the environment; 5) the historical evolution and the juridical notion of the landscape; 6) the institutional subjects that deal with them; 7) the identification, control and management of landscape assets; 8) the planning function, the sanctions and the differentiated safeguards for the environment and the landscape.
Bibliography
A. Crosetti, R. Ferrara, F. Fracchia, N. Olivetti Rason, Introduzione al diritto dell’ambiente, Laterza, Roma-Bari latest edition. It is recommended to accompany the study with the reading of the legislation referred to during the lessons and in particular contained in the Code of Cultural Heritage and Landscape.
Teaching methods
The teaching will be carried out with oral lectures, for a duration of 30 hours. The lectures will have as their object the study and treatment of the introductory and basic notions of administrative law, useful for understanding the specific categories applied to environmental and landscape legislation, and the treatment of peculiar aspects of these branches of law such as competent subjects, procedures and controls. The lessons will also focus on the collegial analysis of some cases and related jurisprudential rulings. All the didactic activity will be conducted by favoring dialogue and collegial confrontation.
Assessment methods and criteria
The learning and the degree of preparation achieved will be verified through a final oral exam structured through the proposition of at least three questions. The final test, carried out orally with a mark out of thirty, is aimed at assessing the overall level of knowledge of the institutes, the system of sources and the procedural notions on the subject, acquired by the student during the lessons. The final exam also aims at evaluating the student's ability to use an appropriate language, to analyze the different cases of reality through the filter of the acquired notions. The vote will be communicated immediately at the end of the test.
Other information
- - -
