DIRITTO DELL'AMBIENTE E DEL PAESAGGIO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
Since this is a course that students can take only from the third year onwards, in the meantime, the prerequisites for the first year Constitutional Law exam must be respected, while with reference to the teaching of Administrative Law, which also takes place at third year of the master's degree, in the same semester, a coordinated attendance between the two courses is important.
During the course of the lessons, for attending students, there will be a constant and preliminary verification of the understanding of the topics covered in class and of the level of skill progressively achieved, measured with informal tools such as the request for oral interventions, at the beginning of each lesson, to summarize the previous lesson, rather than with a dialogue and discussion between teacher and students on certain topics covered in class.
The evaluation of the exam will take place orally. In particular, the student will have to demonstrate the ability to argue critically with respect to the knowledge acquired, on non-theoretical or mnemonic questions, but which demonstrate that they can independently and organically deal with the study of the institutes of environmental and landscape law. The exam will be structured in particular on three or four questions, rewarding alongside the accuracy and quality of the answers, the communicative ability, the mastery of legal terminology, the ability to justify arguing the statements and opinions held in a persuasive way, the ability to organize speech logically and in an orderly form.
The course aims the knowledge of the constitutional and administrative discipline of the environment and landscape, starting from the constitutional frame of reference, subject in the current Legislature of a significant proposal for constitutional revision, to then dwell on the implementing legislation, at the state level and regional, and on the most relevant outcomes of constitutional jurisprudence and of the common judge, in particular administrative.
The course is part of the "Environment, Territory and Sustainability" Focus, of the International Language « Percorso », and, due to its positioning among the lessons of the first semester, aims to provide students with a package of preliminary knowledge, also useful for the other teachings of the Focus.
At the end of the course, the student will have to acquire the ability to deal with the development of contemporary environmental public law, strongly influenced by extra-juridical factors, such as those arising from climate change and the impact of the pandemic crisis on positive law, acquiring full control of main legislative and jurisprudential sources governing environmental and landscape matters.
The learning objectives include the following thematic topics, differently articulated with respect to the two parts of the course, the purely constitutional and the purely administrative :
- Constitutions and environment: some classifications.
- Environment, landscape and the Italian Constitution : the first reconstructions of constitutional doctrine and jurisprudence.
- The environment as a subjective legal situation and as a right to freedom.
- The environment as an expression of a duty of political, economic and social solidarity.
- The constitutional reform of Title V and the inclusion of environmental and ecosystem protection among the matters of exclusive state legislative power. The constitutional jurisprudence : from the environment as a (transversal) constitutional value and to the environment as a legal asset, and back. The environment between the center and the periphery (the role of the regions and local authorities).
- Legislative discipline : from the instituting law of the Ministry of the Environment to the Consolidated Law on environmental matters and beyond. The Ministry for Ecological Transition.
- The constitutional law n° 1 of 2022 and the constitutional revision of art. 9 of the Constitution and art. 41 of the Constitution.
- The principles of environmental law: sustainable development, precaution, prevention, intergenerational transmission, protection of widespread interests.
- Information and participation in environmental proceedings.
- Environmental assets (as commons).
- Environmental procedures and sectoral disciplines.
- VIA and VAS.
- Environmental damage.
- Economic tools for environmental protection.
- The landscape: notion (between culture and nature, science and law).
- The evolution of legislation: the antecedents, the laws of 1922 and 1939.
- The Code of Cultural Heritage and Landscape and the European Landscape Convention.
- Landscape assets and the protection function.
- Diffused and degraded landscapes: enhancement and recovery.
- Landscape planning.
- Authorization procedures.
The course is divided into 50 hours of lectures, divided half between the two teachers of the course, also with the possibility, based on the number of students actually attending, to carry out part of the lessons in seminar form, with oral presentation by part of the students of selected cases.
The two teachers will set a weekly reception time, even on the sidelines of the time of the lessons held in the classroom. Students can always contact the two teachers through their respective e-mail addresses: emanuele.boscolo@uninsubria.it and giorgio.grasso@uninsubria.it.