PUBLIC ENVIRONMENTAL LAW

Single discipline educational activity

Course Sheet

Course code:

000152L

Academic Year of enrolment:

2021

Year of supply:

2023/2024

Type of Course:

Related/Supplementary

Degree:

Course of 1st Cycle Degree in BUSINESS LAW

Disciplinary Sector:

Institutions of Public Law

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

BELLOMO Gianluca

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

153

Prerequisites:

It is advisable to have already taken the exam of public law or constitutional law.

Objectives

The course has the goal, as it is placed among the exams chosen by several degree courses, to provide, on the one hand, to the students who have never approached the environmental issues, an overall picture of the partitions of the law of environment and specific institutions to this link; on the other, for those who have already had the opportunity to study in depth the aforementioned issues, to provide highly ad hoc profes- sional insights through the theoretical-practical study, also through specific seminars and case studies, from a part of the problems of public environmental law related to technical-voluntary legal instruments with an economic content, and on the other to issues related to the main areas of application of environmental law.

More specifically, with reference to Dublin Descriptors, the course aims to the following goals.

Knowledge and understanding:
- of the notion of environment and environmental law;
- of partitions of environmental law;
- of the main multilevel legal sources existing for the protection of the environment;
- the principles of environmental law;
- subjects operating on legal issues in the environmental field, also from a multilevel point of view;
- the specificities related to the application of environmental law when operating within protected areas;
- of the relationships existing between environmental law and socio-economic variables;
- in the main sectors of Environmental Law (for the 9 cfu path).

Ability to apply knowledge and understanding:
- in identifying if the student is in the area of operation of environmental law;
- in the recognition of the interests involved in the management of environmental issues and their impact on environmental protection;
- in identifying whether there are margins for the applicability of the instruments and what the most suitable mix for effective environmental protection can be;
- in the solution of possible conflicts between sources of environmental law;
- in the critical reading of the action of public authorities and related environmental acts;
- in the thorough application of the principles of environmental protection even in protected natural areas
- in the individual sectors of environmental law with the search for specific legislation to be applied to individual cases (for those who carry a 9CFU program).

Autonomy of judgment:
- With regard to the action of public authorities, with reference to constitutional provisions and in a multilevel perspective, in the environmental sphere;
- In particular with regard to legislative and regulatory acts issued in the environmental field;
- In particular with regard to legislative and normative acts issued in the environmental field in the individual sectors of environmental law (for those who carry a 9CFU program).

Communication skills:
- Acquisition of an adequate technical-legal language in the field of public environmental law.

Learning ability:
- Ability to find and consult independently the legal sources, also from a multilevel point of view, in environmental matters;
- Ability to find and consult normative and jurisprudential comments of interest.
- Ability to self-train on the technical specificities of the individual sectors of Environmental Law (for those who carry a 9CFU program).

Contents

The course is aimed at all students who wish to acquire specific knowledge and skills in the field of environmental public law. In particular, the course is designed to provide students with an overall view of the subject with exercises and case studies that allow to contextualize the multiple contacts of the world of public and private enterprise with environmental law. During the course the main institutes of the "multilevel" public law will be assumed, so we advise those who want to face the matter of having already taken the exam of public law or of constitutional law.
MODULE 1 (6 credits) - In the first module of the course it is foreseen, for those who have never faced the issues related to environmental protection, a part of a more general nature aimed at the study of the partitions of public environmental law, principles related to this, the structures and the tools. Furthermore, in this part specific attention will be given to the issues of nature conservation and the management of protected natural areas. In addition, the issues related to the theory of standardization applied to public environmental law will be analyzed, in particular the use made of voluntary technical standards together with the main instruments with an economic content aimed at environmental protection.
MODULE 2 (3 credits) - In the second module specific attention will be dedicated to the individual areas of environmental law including exercises, case studies, testimonies and, where possible, guided tours that allow better understanding the implications of the matter and related areas of operation

Extended Syllabus

Course program (divided into modules):
The course is aimed at all students who wish to acquire specific knowledge and skills in the field of public environmental law. In particular, the course is designed to provide students with an overall view of the subject with exercises and case studies that allow to contextualize the multiple contacts of the world of public and private enterprise with environmental law. During the course the main institutes of the "multilevel" public law will be assumed, so we advise those who want to face the matter of having already taken the exam of public law or of constitutional law.
MODULE 1 (6 credits - 48 hours) - In the first module of the course it is foreseen, for those who have never faced the issues related to environmental protection, a part of a more general nature aimed at the study of the partitions of public environmental law, principles related to this, the structures and the tools. Furthermore, in this part specific attention will be given to the issues of nature conservation and the management of protected natural areas. In addition, the issues related to the theory of standardization applied to public environmental law will be analyzed, in particular the use made of voluntary technical standards together with the main instruments with an economic content aimed at environmental protection.
MODULE 2 (3 credits - 24 hours) - In the second module specific attention will be dedicated to the individual areas of environmental law including exercises, case studies, testimonies and, where possible, guided tours that allow better understanding the implications of the matter and related areas of operation.

Recommended Bibliography

For the Module 1:
- G. DI PLINIO, P. FIMIANI (cur.), Principi di diritto ambientale, Giuffrè, Milano 2008.
- G. DI PLINIO, P. FIMIANI (cur.), Aree naturali protette, Giuffrè, Milano 2008.
- G. BELLOMO, Le normazioni tecniche volontarie nel diritto pubblico ambientale, Editoriale scientifica, Napoli, 2013 (opzional).
For the module 2:
- N. LUGARESI, Diritto dell’ambiente, Cedam, last edition.

Methods of Provision

Conventional

Teaching Methods

The course consists of a 48-hour module for those with a 6-cfu program; and an additional 24-hour module for those who have to take the entire 9-cfu exam.
During the course, in addition to the lectures, analysis of cases and operational experiences will be carried out. In addition, where possible, an end-of-course exit will be organized for attending students to visit specific areas related to the themes of the Course and to have privileged testimonies from operators in the environmental sector.
Attendance is optional but strongly recommended in particular for the development of the most practical part of the course. Any tests in progress and partial tests will be reserved for attending students.
Throughout the entire course, the University's e-learnig platform will be used as much as possible.

Evaluation methods

Verification of learning:

The final test will be carried out through an oral interview with a score of thirty points during which the level achieved in pursuing the objectives set for the course will be ascertained.
During the course it will be possible, moreover, and for the attending students, to receive multiple-choice tests for self-assessment for students, as well as open-ended questionnaires with a mid-term evaluation of the training path and with evaluation in voting bands.

Contacts/More Information

E-mail of the teacher: gianluca.bellomo@unich.it
Numero di telefono: 085-453.7842
Students reception days and hours: Wednesday from 3.30 pm to 5.30 pm (in their own study site at the Department of Legal and Social Sciences, Pescara, Viale Pindaro 42, Green Stair, 2° Floor, educational pole of Pescara).
It is raccomanded to send an email to arrange an appointment in the previous days.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree