Università Roma Tre

The course aims to deepen the environmental issues related to the prevention and repair of damage. The student will have the opportunity to dwell in particular on part IV of the legislative decree 3.4.2006 n. 152, deepening the issues connected to the aforementioned profiles of responsibility.
The course provides the student with some operational notions, in the framework of a treatment that is also of theoretical scope, which allow him to identify the tools capable of adapting entrepreneurial policy choices to the legislation placed to protect the environment through the adoption of the necessary preventive measures and to administer the situation following the occurrence of the offence, mainly in civil law.
Adequate space will be reserved for sources, including European ones (directives and treaties) which dictate fundamental inspiring principles in the field of environmental liability: during the course some decisions of national judges and the Court of Justice in the field of environmental liability will be illustrated.

The second module critically analyzes the public discipline of environmental law, with particular reference to the sources of law, the public structures responsible for the care of the environmental interest and the administrative procedures on the subject (strategic environmental assessment, environmental impact assessment; supplementary authorization environmental).

The course takes place in the first semester

Teachers: Paolo Lazzara (lecturer)
Credits: 9
Number of modules: 2
Plan
Module I:
The issues of liability for environmental damage will be explored, with particular reference to the tools and techniques for the protection of environmental interests and the right to health, from their first manifestation, up to the current more mature and complex configuration. The provisions contained in Directive 2004/35/EC on environmental liability in the field of prevention and remediation of environmental damage and the implementation decrees in the Member States will be subject to specific analysis. In particular, the study of part IV of the legislative decree 3.4.2006, n. 152, and the issues connected to the aforementioned profiles of responsibility.

Module II:
The module explores the issues relating to the sources of environmental law, the organization of the administrative structures responsible for the care of the environmental interest, and the main administrative procedures on the subject.

G. ROSSI, Diritto dell’ambiente, Torino, Giappichelli, 2021: Parte prima - Parte seconda capitoli da I a XIII (pagine da 1 a 351).

Manuale di diritto civile dell’ambiente, (a cura di) M. Pennasilico, Napoli, 2014, pagine 269-321.