ENVIRONMENTAL LAW

The course aims to promote the acquisition of fundamental knowledge of environmental law starting from the characteristics of environmental problems that students face in other subjects of the degree course in environmental sciences. The first characteristic is determined by scientific uncertainty, in the sense that decision-making solutions are prefigured on the basis of data for which science does not offer absolute certainties. The second characteristic of environmental law is its interdisciplinary nature, which also involves subjects such as ethics, politics, sociology in addition to environmental sciences. Other characteristics are: the globality of the problems and at the same time their differentiation, the multiplicity of causes and the consequent difficulty in identifying those responsible, the conflict of the conservative interest with the interest in development, the role of man who is both the aggressor and the aggressed in the face of environmental damage and dangers.

The discussion of the topics will follow a critical and problematic method, the expected result consists in the development of the students' interpretative and argumentative skills and their aptitude for legal reasoning.

No knowledge of legal concepts is required

The course aims to illustrate the basic notions relating to the characteristics of environmental problems, protection models and the concept of environment. The course will recall and explain the main general concepts necessary for the study of environmental law, in particular the general concepts of administrative law of which environmental law is a branch. The characteristics of environmental problems and the different protection models will be discussed starting from the limits of protection based on the use of private law and in particular on the use of the compensation instrument with respect to the peculiarities of environmental matters. The models of environmental protection entrusted to public intervention will be examined: Command and control, market instruments distinguishing those aimed at correcting the market (taxes, subsidies, green procurement, certification systems, labelling systems), compared to those aimed at creating an artificial market (emission trading mechanism). Finally, the issue of the legal concept of environment will be addressed starting from the theoretical debate, to its evolution up to the latest arrival constituted for the moment by the modification of art. 9 of the Constitution.
Finally, although not present in traditional manuals, the topic of wild fauna will be discussed, which is placed between environmental law and animal law but with a more decisive proximity to the former.

Author: Fabrizio Fracchia
Introduction to the study of environmental law. Principles, concepts and institutions
Editoriale Scientifica
Latest edition

Updated text of the law of 11 February 1992, n. 157 Rules for the protection of homeothermic wild fauna and for hunting

Written test consisting of three short essays on topics chosen by the teacher from the topics covered in the textbook.

written

The exam grade considers the completeness of the notions and concepts in the development of the themes, the clarity of exposition, the appropriate vocabulary. If these three characteristics are present, the grade is 30, while for honors, originality is rewarded.

Inappropriate vocabulary and poor clarity of exposition lead to a decrease from 1 to 4 votes when they do not affect the correct exposition of the concept.
The exposition of incorrect notions and concepts or their lack in the development of the theme lead to a decrease from 2 to 6 votes depending on the severity.
The various deficiencies are added together, but the absence of development of one of the themes does not allow reaching the sufficiency

Lectures supplemented by discussion in the classroom

This subject deals with topics related to the macro-area "Natural capital and environmental quality" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development