ENVIRONMENTAL LEGISLATION
Learning outcomes of the course unit
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Knowledge of instruments and Italian environmental provisions
Course contents summary
The concept of environment at national and international level
a) The environment in the Constitution
b) The environment in the codes and in the first special Laws
c) The environment at international level
d) The environment in Europe
e) The notion of pollution
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The fundamental principles
a) Principles in environment law
b) Principle of sustainable development
c) Polluter pays principle< o:p>
d) Principle of prevention
e) Principle of precaution
f) The last frontiers: polluter pays
Sources of law. Preliminary knowledge of the legal system.
a) Sources of Italian law according to the Constitution and the Civil Code
b) Temporal effect, application and interpretation of laws
c) Topicality of the hierarchy of sources: international law
d) Topicality of the hierarchy of sources: Community law
Instruments of environmental policy and direction
a) The first systems of legal regulation of pollution
b) Planning policy and direction
b-1) Environmental planning
b-2) Economic instruments of environmental policy: incentives, disincentives and funding
b-3) Fiscal instruments of environmental policy
b-4) Administrative instruments of environmental policy
c) IPPC: integrated environmental authorization
d) Voluntary instruments of environmental policy. The evolutionary path of environmental certification - integration between the new community regulation EMAS and IPPC
&nbs! p; d-1) The industrial experience
d-2) EEC regulation no. 1836/1993 (EMAS I)
d-3) International and national standards
d-5) The main differences between EMAS I and EMAS II
e) Environmental controls and supervision
f) The agency system
Environmental crimes
a) From the concept of tort to the concept of crime
b) Criminal sanctions and administrative sanctions. Between criminalization and decriminalization
c) Tort jurisdiction
Environmental damage. The liability system
a) The concept of environmental damage
b) &n! bsp; & nbsp; Environmental associations
c) White Paper on liability for damage to the environment
d) Civil liability in the Italian system
e) General characteristics of article 18 of law no. 349/86
e-1) Fault liability
e-2) The causal nexus
e-3) Damage quantification
e-4) Contributory negligence
e-5) Action at law for compensation
f) New regulations on liability for environmental damage. Rules and regulations regarding reclamation
g) The notion of delegation of function
h-1) Jurisprudential elaboration
h-2) Unacceptability of delegation of functions
! ; h-3) Acceptability of delegation of functions
h-4) The delegating party's duty to supervise and control
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< FONT face="Times New Roman" size=3>Sectorial rules and regulations. Systematic analysis
a) New waste and reclamation management
b) Water management
c) Pollution by physical agents: air, electrosmog, noise
d) Soil protection
Recommended readings
S. Maglia: Corso di diritto ambientale
Teaching methods
Classroom lecture. Oral examination