ENVIRONMENTAL LAW

In accordance with its disciplinary field (Constitutional and Public Law), the course will provide students with basic tools to understand how environmental issues are regulated in a multilevel constitutional order.
As students are mainly supposed not to hold a legal specialist background, basic notions on the principles of International and EU law will be given, together with notions on the sources of law.
Given the connotation of the course, the teaching approach will be a environmental constitutional law one. The contents will be directed toward identifying how the relationship between the individual, community and nature is regulated in the constitutional frame, having regards to specific issues and experiences.

Students will learn how to identify applicable legislative acts in the context of the international, transnational and EU legal systems and how to access to them.
They will understand how to contextualize the applicable legal provisions in concrete cases and how breaches of environmental law could be addressed and settled, where necessary, depending on the legal systems taken into consideration.

Basic knowledge of the main legal systems where environmental laws are in force.
Brief history of environmental law in the constitutional order.
Basic knowledge of the general principles of environmental law.
Basic knowledge of the sources of environmental law and their hierarchy, depending on the legal systems dealt with.
Basic knowledge of the regulation of environmental issues in some constitutional experiences.

No prerequisites. Students are assumed not to hold a legal background.

- Introduction to Law (mainly to Public and Constitutional Law)
- General Principles and brief history of Environmental Constitutional Law
- Sources of Environmental Law and their Hierarchy
- Basics of International Environmental Law - main international and multilateral agreements on environmental-related issues
- Environment in Comparative Constitutional Law
- The Environment in the Italian Constitution
- The Environment Chart in France
- The Environment in US Constitutional Law
- The Environment in South American Constitutions
- Natives People and Environment
- Environmental Protection in the EU
- Animal Law
- From Environmental Law to the Environmental rights

COMPULSORY

1) L. Collins, The Ecological Constitution. Reframing Environmental Law, Routledge, 2021.
2) Legislative acts and judgments from time to time indicated during the lessons and uploaded on Moodle.
3) Lectures slides and notes.

The exam will consist of a written test. Students must choose one of the proposed topics and write an essay within two hours. The topics could be consiste of excerpts of legal documents or legislative texts, even not approached during the course. The students may consult their own notes and written materials. No digital devices or textbooks allowed.

written

The instructor is responsible for ensuring the authenticity and originality of all examinations and coursework. In cases of suspected academic misconduct, an additional on-site assessment may be required during the exams, which may differ from the standard format.

The examination will be rated on 30 points.
The essay will be evaluated based on the following criteria:
- comprehensiveness of knowledge
- clarity and relevance of the argument
- accuracy and appropriate use of legal terminology
- ability to offer constitutional perspectives on the topic
The grading scale will be as follows: excellent (30 with honors, 30); very good (29, 28); good (27, 26); satisfactory (25, 24); fair (23, 22); sufficient (21, 20); barely sufficient (19, 18).

Frontal lectures and possible workshops.
Seminars with external invited lecturers and following group discussions.
Attendance is recommended.