Objectives
The course aims to lead students towards an approach to environmental protection, through a vision of international and community policies (deepening the EU organization, legislative procedures and environmental policies of the European Union, starting from the evolution of the founding principles of the environmental law. The course will also allow the development of knowledge of Italian sources and of the organization of the State, Regions and local authorities, as well as on the administrative procedure, deepening the legislative procedures, planning and programming, as well as on the rights of citizens to participate and inform , as well as access to justice in environmental matters. The fundamental part of the course will focus on environmental protection and water protection, on the fight against pollution (atmospheric, acoustic, electromagnetic) on the remediation of polluted sites, on environmental authorizations (VIA, VAS, AIA and AUA) as well as on protection and enhancement of cultural heritage and the landscape. Great attention will be paid to sustainable development policies regarding water and energy resources, the recycling society and the circular economy, territorial governance and soil protection. Attention will also be paid to legislation on civil protection and industrial risks, as well as legislation on the electricity and gas markets.
Course program
ENVIRONMENTAL PROTECTION IN THE AGREEMENTS AND IN THE TREATIES INTERNATIONAL • The role of the United Nations and international conferences • International principles (Prohibition of transboundary pollution, obligation of cooperation between states in environmental matter, sustainable development, prevention, precaution, “the polluter pay") ENVIRONMENTAL PROTECTION IN COMMUNITY LAW • Community institutions The European Council; The European Parliament; The Council of the European Union; There European Commission; The European Court of Justice; The Agencies of the European Union • Community sources The EU Treaties: from the Treaty of Rome to the Treaty of Lisbon EU legislative procedures: Regulations; Directives; Decisions; The recommendations and opinions; the Green Books and the White Books; iPrograms of Environmental Action • Community principles of environmental law (Precaution, prevention, "polluter pays", environmental restoration, responsibility, integration, greater environmental protection) • The transposition of Community principles into national law (Production of environmental law, environmental action, sustainable development, subsidiarity and fairness collaboration, right of access to environmental information and participation e collaborative purpose) • The Aarhus International Convention: the right of access to environmental information, the right to participate in decision-making processes and to justice. THE ITALIAN INSTITUTIONS - The Electoral Corps; The parliament; The president of the Republic; The government; There Public administration; The judiciary and the administrative process - The Regions, Provinces and Municipalities Planning and local planning 2 Coordinated exercise of functions Program agreements Attributions of the councils Competences of the councils, opinions of service managers and competences of the Mayor and the President of the Province Powers of the mayor in the services of state competence Functions and responsibilities of the management Local public services-forms of management THE NATIONAL SOURCES - The Italian Constitution - Ordinary Laws - Law decrees and legislative decrees - The Ministerial Decrees - The Decrees of the President of the Republic - Concurrent Legislation and Regional Laws - Regional planning THE ADMINISTRATIVE PROCEDURE AND THE RIGHT OF ACCESS TO THE ADMINISTRATIVE DOCUMENTS - General principles of administrative activity - The person in charge of the procedure - Participation and intervention in the administrative procedure - The communication of the start of the administrative procedure - The service conference - The effectiveness and invalidity of the administrative provision - Access to administrative documents - The procedures for exercising the right of access and appeals ENVIRONMENTAL PROTECTION - The responsibilities of the Ministry of the Environment and the Regions: ISPRA - EIA (environmental impact assessment) - SEA (strategic environmental assessment) - AIA Integrated Environmental Authorization - AUA Single Environmental Authorization - The integrated water service: from planning to management; the Territorial Areas Optimal; the skills of ARERA - Soil defense: a) River Basin Districts and Basin Authorities; the District Basin Plan; the PAI; the flood plan; the river contract. b) The protection of water from pollution; the Management Plan; the Regional Plan of Water Protection; the water balance; water saving 3 - The remediation of polluted sites - The integrated waste cycle and the circular economy; The competences of Regions, Provinces and Municipalities; the National Register of Environmental Managers; the Consortia National Required; regional planning and ATOs; the authorization of the plants; the skills of ARERA; The rate - The Classification - The CER; - END OF WASTE; - The TMB; - Disposal and landfills; - The packaging - Energy recovery - Environmental damage, compensation protection and restoration - Green procurement; the Action Plan for the sustainability of consumption and PA; The CAM - Noise pollution - Electromagnetic pollution - Air pollution - The authorizations of chemicals: the Reach regulation and the Agency European Chemicals - Civil protection - Industrial risks (the risks and dangers of major accidents associated with certain industrial activities and the use of certain hazardous substances) PROTECTION AND ENHANCEMENT OF CULTURAL HERITAGE AND OF LANDSCAPE - Cultural heritage • Protection and enhancement of the cultural heritage • Protection and conservation (direct and indirect protection) • Interventions on public cultural assets and on private cultural assets • Emergency situations and preventive precautionary measures - Landscape assets • The declaration of significant public interest • Areas protected by law • Regional landscape plans • Landscape authorizations - The Habitats and Birds Directives and protected areas; the impact assessment - National parks: the establishment of the Park Authority, the governing bodies, the Plan of Park - Regional parks
Books
Diritto dell'Ambiente - Prof. Giampaolo Rossi - Giapichelli Editore
