Università Roma Tre

The Course firstly aims to provide, through the main available technical and scientific data, an understanding of the state of health of the Planet starting from the identification of the main biogeophysical processes that regulate the stability and resilience of the Earth system. In application of the Planetary Boundaries theory, existing critical issues and their causes will be highlighted.
The main documents of international environmental law and its evolution over the past fifty years will then be analyzed.
It will then move on to an illustration of European environmental law, highlighting the main rules of the Law of Treaties, the secondary law and the most relevant communications in recent years including the European Green Deal. The important role of action plans and European courts in the evolution of environmental law will be analysed. A special focus will be dedicated to the principles of environmental law, the concept of circular economy in its various meanings, and the systemic approach needed to face complexity.
In national law, the prominence of environmental issues in the Constitutional text and in the jurisprudence of the Constitutional Court will be explored, as well as the norms of the Environment code with the various sectoral disciplines (waste, remediation, air, water, soil, etc.) with the various jurisprudence applying them.
It will examine whether we can speak of a real change in the economic Constitution of the country and the interactions between the economy and environmental protection, the concept of sustainable production. Special emphasis will be given to the administrative law of the environment (subjects of environmental policies, measures, proceedings, environmental and strategic impact assessments etc.).
It will be concluded by attempting to highlight the evolutionary process found in the discipline of environmental law today.

Diritto dell'ambiente (a cura di G. Rossi), Editrice Giappichelli, 2021, V edizione
Codice dell'ambiente, editio minor, VI ed., edizione Simone, 2022
Francesco de Leonardis, Lo Stato ecologico. Approccio sistemico, economia, poteri pubblici e mercato, Giappichelli, 2023 (suggested)