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.)
• ability to deal with doubts about the interpretation of environmental legislation, also by referring to the general principles and case law
• 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:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) 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.