Learning objectives
TSure, here is the translation of the provided text into English:
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The course aims to provide students with the basic knowledge for the study and understanding of administrative law and environmental and landscape regulations. By the end of the course, students should have acquired the ability to critically understand and evaluate the most significant principles and institutions concerning the functioning of public administration and the main rules dedicated to the protection of the environment and the landscape.
In particular, it is expected that students will be able to:
1) Understand the general regulations in environmental matters; know the system of sources and the interaction between domestic and supranational norms that characterize the subject; understand international principles (such as the principle of sustainability, the polluter pays principle, the precautionary principle) that have established the legal good of the environment; know the main definitions in environmental matters; read and understand a judicial ruling; interpret norms systematically, according to doctrinal and jurisprudential orientations (knowledge and understanding ability).
2) Apply the acquired notions to concrete cases, be able to develop independent argumentative paths suitable for the definition of practical cases (ability to apply knowledge and understanding).
3) Be able to tackle real issues in environmental matters, requiring knowledge of legal notions (independent judgment).
4) Use appropriate and specific language of the subject (communication skills).
5) Analyze different real-world cases through the lens of the received notions, to evaluate the conformity of the addressed cases to the regulatory paradigm (learning ability).
Prerequisites
none
Course unit content
Sure, here is the translation of the provided text into English:
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The teaching focuses on the study of legal regulation in environmental matters, starting from general principles and the recent revision of the Constitutional Charter, then delving into and deepening some specific sectors of the subject. Another goal is to highlight the relationship between environmental protection and economic activity, as per Article 41 of the Constitution, for sustainable and inclusive economic growth.
Within the course, the main legal categories of administrative law will be illustrated, within which both the legal regulation of the environment and that of the landscape are included. These refer to two different sets of regulations. However, both must start from the indicated common belonging to SS10, and it is therefore necessary to mention the principles and the most relevant institutes of administrative law that govern them, starting with the concepts of a) legality and b) procedure. Given this premise, the following topics will be covered in summary: 1) the historical evolution, domestic, community, and international regulation of the environment; 2) the administrative organization of the environment and the institutional subjects that represent it; 3) the classification and dynamics of administrative procedures in environmental matters; 4) the historical evolution and legal concept of the landscape; 5) the institutional subjects that deal with it; 6) the identification, control, and management of landscape assets; 7) the planning function, sanctions, and differentiated protections for the environment and the landscape.
Full programme
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Bibliography
For both attending and non-attending students:
The topics developed during the lessons refer to the notions contained in the reference text: "Introduzione al diritto dell'ambiente" edited by A. Crosetti, R. Ferrara, F. Fracchia, published by Laterza, Latest Edition.
For the purpose of deepening certain topics of particular interest, the Instructor will discuss some recent rulings in class and subsequently upload them on Elly.
To download this material, online registration is required. Attending students will need to choose one of the rulings discussed in class and uploaded by the Instructors on the Elly platform, or a case among those previously mentioned, and present it orally as the first topic during the exam. It is essential to consult the Environmental Code and the main European Directives on the subject.
For non-attending students, the reference text is "Introduzione al diritto dell'ambiente," published by Laterza, latest edition. Additionally, non-attending students may choose (as an optional task) a ruling to present orally from those uploaded by the Instructor on the Elly platform.
It is essential to consult the Environmental Code and the main European Directives on the subject.
Teaching methods
The course will be conducted through lectures focusing on the study and discussion of introductory and basic notions, the analysis of domestic and European sources, the illustration of the main procedures in environmental matters, and the discussion of specific aspects of this branch of law such as renewable energies, waste, and environmental risk assessment. The lectures, conducted with active learning methods, will center on the collective analysis of several cases and related judicial decisions. For attending students, the decisions discussed in class and uploaded by the Instructor on the Elly platform constitute an integral part of the program. For non-attending students, there is the possibility of illustrating a decision of their choice from those made available by the Instructor on Elly. All educational activities will be conducted with a focus on dialogue and collective discussion.
Assessment methods and criteria
ATTENDING STUDENTS: The level of learning and preparation will be assessed through a final oral exam structured around at least three questions, referring to substantive law as specified in the syllabus, the Environmental Code, and the two judicial decisions selected by the student from those discussed by the Instructor in class and available on Elly. The final exam, conducted orally and graded on a scale of thirty, aims to evaluate the overall level of knowledge of the institutions, the system of sources, and procedural notions in the subject, acquired by the student during the lectures. Additionally, the exam will assess the student’s ability to use appropriate legal language, analyze different real-world cases through the lens of acquired notions, and interpret norms systematically. The passing threshold will be met if the student can demonstrate knowledge and understanding of the system of sources, definitions, and main procedures in environmental matters, along with minimal application skills in the independent and reasoned presentation of two judgments selected by the student from those analyzed in class by the Instructor and available on Elly. If these levels are not met, the final oral exam will not be sufficient. The grade will be communicated immediately at the end of the exam.
NON-ATTENDING STUDENTS: The level of learning and preparation will be assessed through a final oral exam structured around at least three questions, referring to the text “A. Crosetti, R. Ferrara, F. Fracchia, N. Olivetti Rason, Introduzione al diritto dell’ambiente, Laterza, Roma-Bari, latest edition” (in its entirety, with no chapters excluded) and, if the non-attending student wishes to delve into a topic by selecting a judicial decision from those uploaded on Elly by the Instructor, also with reference to the chosen ruling. The final exam, conducted orally and graded on a scale of thirty, aims to evaluate the overall level of knowledge of the institutions, the system of sources, and procedural notions in the subject possessed by the student. Additionally, the exam will assess the student’s ability to use appropriate legal language, and possess an independent critical and argumentative capacity related to the study of the main aspects of environmental law. The passing threshold will be met if the student can demonstrate knowledge and understanding of the system of sources, definitions, and main procedures in environmental matters, along with minimal application skills in the independent and reasoned presentation of the judgment selected by the student, if the non-attending student chooses to utilize this option, from those analyzed in class by the Instructor and available on Elly. If these levels are not met, the final oral exam will not be sufficient. The grade will be communicated immediately at the end of the exam.
Other information
The Teacher is available for information both during the receiving hours and by e.mail
2030 agenda goals for sustainable development
The course is structured in synergy with the objectives outlined at the supranational level, and some of the lessons will be dedicated to specific targets of the 2030 Agenda.
