PRINCIPLES OF ENVIRONMENTAL LAW AND ECONOMICS
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
No specific prerequisites are required.
At the beginning of the course, the basics will be provided to allow non-lawyers to understand the typical institutions of Environmental Law.
The exam is considered passed with the achievement of a score of at least 18/30.
The examination consists of an oral test only.
The course aims to examine the main issues traditionally covered by Environmental Law, with particular reference to the controversial relationship between environmental protection and economic activities, according to the paradigm of "sustainable development".
Expected Learning Outcomes
Knowledge and understanding
• principles of environmental legislation
• the basic concepts of environmental legislation
Skill in applying knowledge and understanding
• how to identify the applicable law and to understand a legislative text on environmental matters
• how to understand an administrative measure adopted by an environmental authority or control body (e.g. an environmental permit, etc.)
• how to grasp the sanctioning risks associated with feasible technical solutions
Communication skills
• to be able to use the correct specialist terminology in the preparation of technical documents to be used in administrative proceedings (e.g., to apply for the issue of an environmental permit or to speak with supervisory bodies during an inspection) and in court (e.g., for an expert opinion or a technical consultancy);
• to be able to dialogue effectively with experts in the field, even in interdisciplinary contexts involving lawyers and technicians from other backgrounds
To this end, the illustration of the (fragmentary and changing) environmental legislation is supplemented by the study of practical cases and the examination of some fundamental jurisprudential pronouncements.
Particular attention is given to the impact of the rules imposed by environmental legislation on the activities of economic operators and the issue of circular economy.
The course also aims to provide the basic knowledge to be able to play effectively and knowingly, in environmental matters, the role of technical consultant in administrative proceedings and in court.
The goal of the course is to provide students with the following skills:
• to be able to find the environmental regulations applicable to a specific sector and/or to a particular activity through the consultation of institutional websites and/or specialized databases, and to correctly apply the criteria aimed at identifying the regulation to be referred to in a concrete case;
• to know the main Authorities (state, regional and local) in charge of issuing authorizations, carrying out controls and adopting repressive and/or sanctioning measures in environmental matters;
• to be able to understand an administrative measure (e.g. an environmental permit, an order, etc.) and, specifically, be able to correctly interpret the technical and/or legal prescriptions;
• to be able to prepare autonomously a technical document, within which to use the relevant concepts derivable from the environmental legislation in force and the correct legal terminology;
• to be able to identify, assess and weigh up the economic effects of the various technical options, in the light of the "polluter pays" and proportionality principles, as well as the concepts of "bearable cost", "sustainability" and "economic feasibility", and taking into account the financial and/or fiscal burdens and benefits provided for by current environmental legislation.
Course topics are:
• brief introduction to law for non-jurists: basic concepts and terminology; the creation of law ("sources" and hierarchy); the interpretation and application of law; the role of jurisprudence - 4 hours;
• object, purpose, characteristics, instruments and evolution of Environmental Law - 4 hours;
• the regulatory framework at international, EU and constitutional level (in particular: environment and Constitution; the division of legislative powers in environmental matters between State and Regions) - 2 hours;
• Environmental principles: the polluter-pays principle; the principles that preventive action should be taken and that environmental damage should as a priority be rectified at source; the precautionary principle; the principle of integration; the principle of sustainable development - 4 hours;
• governance of the environment (national administrative organization, regional and local competencies in environmental matters) - 2 hours;
• introduction to the so-called "Environmental Code" (Legislative Decree No. 152/2006) - 2 hours;
• environmental assessments and authorizations (EIA, SEA, AIA-IPPC, AUA); the role of Best Available Techniques (BAT) - 6 hours;
• focus on waste management and "circular economy" tools (in particular: by-products and end of waste) - 8 hours;
• remediation of contaminated sites and environmental damage - 4 hours;
• examination of the main sector disciplines relating to the various forms of pollution (air, water, noise, etc.) - 8 hours;
• economic instruments for environmental protection and brief notions of environmental taxation (examples of TARI and eco-tax) - 2 hours;
• responsibilities and sanctions; civil, penal and administrative offences in the environmental field - 2 hours.
Reference text (student's choice):
N. LUGARESI, Diritto dell'ambiente, CEDAM-Wolters Kluwer, ed. 2020 o successiva
oppure
B. CARAVITA, L. CASSETTI, A. MORRONE (a cura di), Diritto dell'ambiente, Il Mulino, ed. 2016 o successiva
oppure
A. CROSETTI, R. FERRARA, F. FRACCHIA, N. OLIVETTI RASON, Introduzione al diritto dell'ambiente, Laterza, ed. 2018 o successiva
oppure
P. DELL’ANNO, Diritto dell’ambiente, CEDAM-Wolters Kluwer, ed. 2021
Lecture slides: downloadable from the e-learning site.
Articles and other supplementary material downloadable from the e-learning site will be reported during the course.
Frontal lessons in the presence of the teacher.
The activities in the classroom also provide for the illustration of practical cases, where appropriate drawing inspiration from known judicial events.
Reception hours
By appointment, by request via e-mail to the address andrea.martelli@uninsubria.it