Learning outcomes of the course unit
1°- Knowledge and understanding
At the end of the lessons the student will know not only the sources and the basic tools of environmental law, but he will have a complete overview of all major regulations, with particular attention to the management of waste, discharges and emissions into the atmosphere
2°- Applying knowledge and understanding
Ability to trace and apply the main Italian environmental regulations.
3°- Making judgments
The student will acquire the ability to solve legal issues in the environmental sector with the help of the rules.
4°- Communication skills
On passing the exam, the student should have acquired sufficient correct use of the language with regard to the topic specific terminology.
5°- Learning skills
The student should have acquired the basic knowledge of the discipline that will allow him to learn independently the future developments of the discipline.
Course contents summary
The course of Environmental Legislation aims to illustrate and to analyze the Italian and European legislation relating to the environment.
The concept of environment to a national and international level
a) The environment in the Constitution
b) The environment in the code and in the first “Special Laws”
c) The environment to an international level
d) The environment within Europe
e) The knowledge of pollution
The fundamental principles
a) The principles in the environmental legislation
b) The principle of the sustainable development
c) The principle “Who pollutes must pay”
d) The principle of prevention
e) The principle of precaution
f) The latest frontiers: who pays pollutes?
Law’s sources. Preliminaries knowledge of the legal regulation
a) The sources of Italian law according to the Constitution and the Civil Code
b) The efficacy time, application and interpretation of laws
c) Up-to-dateness of the sources’ hierarchy: the national law
d) Up-to-dateness of the sources’ hierarchy: the community law
The instruments of politics and environmental address
a) The first systems of legal regulation about pollution
b) Politics of planning and address
b- 1) The environmental planning
b- 2) Economical instruments of environmental politics: incentives, disincentives and funds
b- 3) Fiscal instruments of environmental politics
b- 4) Administrative instruments of environmental law
c) IPPC: the Environmental integrated authorization
d) Voluntary instruments of environmental politics. The evolutive way of the environmental certification – the integration between the new community regulation EMAS and the IPPC
d- 1) The industrial experience
d- 2) The CEE regulation n. 1836/1993 (EMAS I)
d- 3) The national and international rules
d- 4) Principal differences between EMAS I and EMAS II
e) Environmental inspection and supervision
f) The agencies’ system
a) From the conceit of illicit to that of crime
b) The penal and administrative sanctions. Between penalization and dipenalization
c) The competence concerning illicits
The environmental damage. The system of responsibility
a) The conceit of environmental damage
b) The environmental associations
c) The White book on the responsibility for environmental damages
d) The civil liability in the Italian regulations
e) General characteristics of the article 18 of the law n. 349/86
e- 1) The responsibility for guilty
e- 2) The casual link
e- 3) Quantifications of the damage
e- 4) Coincidence among various responsibles
e- 5) Public action for the refund
f) New regulations concerning responsibilities for environmental damage. The discipline concerning the allowances
g) The knowledge of delegation of function
g- 1) The law elaboration
g- 2) Inadmissibility of the delegation of functions
g- 3) Admissibility of the delegation of functions
g- 4) The duty of inspection and supervision of the delegated
Sectorial discipline. Systematic analysis
a) The new administration of waste and of allowances
b) The water administration
c) Pollution by physical agents: air, electric smog, noise
d) The ground guardianship
A Postiglione, S. Maglia, Diritto e gestione dell’ambiente – Casa Editrice IRNERIO, 2012
The course is organized into a series of lectures. Sometimes the teacher will make use of Power Point presentations.
Assessment methods and criteria
The exam consists of an oral interview.
The evaluation of the oral examination will be weighted as 70% knowledge of environmental regulations and understanding of the practical application of the same procedures (knowledge and understanding), 30% correct use of the technical language (Communication skills).
Lecture attendance is highly recommended.