ENVIRONMENTAL LAW

The course is part of the supplementary activities of the Environmental Sciences degree program and aims to provide students with the essential legal language and tools of environmental law. The course starts from the basics of law and then addresses the various problems concerning the environment, understood both as a natural asset and as assets created or modified by humans.
The first part of the course will generally examine the issues that will then be revisited for the specific questions involving environmental law:
- legal system and sources of law;
- legal subjects;
- goods and property;
- compensation for damage.
The second part of the course will revisit the general themes with specific reference to environmental law:
- sources of environmental law;
- subjects involved in environmental law issues: protection of the private and the state; actions available for their protection; role of environmental associations;
- the regulation of environmental goods (landscape, water, cultural heritage, etc.) characterized by the presence of rules that favor sustainability and solidarity;
- the regulation of reclamation and protection of the territory;
- combating illegal construction, with particular reference to the limits of negotiation of irregular goods;
- the regulation of environmental damage, aimed not only at compensation but also, and above all, at prevention.

1. Knowledge and understandings
Understand the multilevel legal system which governs the today relationships.
Knowledge of the private legal institutions object of the program of the course.

2. Ability to apply knowledge and understandings
Ability to set human relationship with juridical relevance, both personal and economic, in the legal frame.
Ability to find the legal provisions applicable to a certain situation.

3. Judgment
Being able to interpret legal provisions.
Being able to identify, distinguish, relate different principles and legal provisions belonging to different sources of the multilevel system.
Facing a hypothetical conflict o private relationship, finding the provisions or the institutions to solve or manage the situation.

None prerequisite is required

The course starts from the basics of law and then addresses the various problems concerning the environment, understood both as a natural asset and as assets created or modified by humans.
The first part of the course will generally examine the issues that will then be revisited for the specific questions involving environmental law:
- legal system and sources of law;
- legal subjects;
- goods and property;
- compensation for damage.
The second part of the course will revisit the general themes with specific reference to environmental law:
- sources of environmental law;
- subjects involved in environmental law issues: protection of the private and the state; actions available for their protection; role of environmental associations;
- the regulation of environmental goods (landscape, water, cultural heritage, etc.) characterized by the presence of rules that favor sustainability and solidarity;
- the regulation of reclamation and protection of the territory;
- combating illegal construction, with particular reference to the limits of negotiation of irregular goods;
- the regulation of environmental damage, aimed not only at compensation but also, and above all, at prevention.

As this is a subject that addresses issues transversally compared to the classic divisions of legal subjects, the instructor will provide students on Moodle with handouts on the various topics covered in class and relevant to the course.

To delve deeper into the issues, it is also recommended to study the following volumes in which the themes are addressed more extensively:
a) Galgano, manuale di Diritto Privato, 2022 (o edizioni successive), limited to the chapters: chapter 1, chapter 2, chapter 3 (of the third chapter, only paragraph 3.3 is required), chapter 4, chapter 5, chapter 7, chapter 8, and chapter 19.
b) Pennasilico Mauro, Manuale di diritto civile dell'ambiente, 2014 o successive edizioni, Edizioni Scientifiche Italiane limited to chapter 1 (entirely), chapter 2 (entirely, except paragraph 5), chapter 3 (only paragraphs 2, 3, 4, 6, 8, and 9 are required), chapter 4 (only paragraphs 9, 11, 13, and 14 are required), chapter 5 (only paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, and 14 are required).

Written and Oral
The written test consists of 15 multiple-choice questions: 2 points are awarded for each correct answer. A missing answer is equivalent to a wrong answer.
There are also two open questions with a short space for the answer that contribute to forming the score, weighing up to three points more or less.
Successful completion of the written test (18 points) is a prerequisite for admission to the oral test, which is optional for those who believe they can improve their grade (the oral test can improve or worsen the grade).

The course mainly follows a conventional teaching approach combined with seminar activities for in-depth study on specific topics.
Among the teaching materials, useful tools for the students will be included, comprising the texts of the main rules that will be examined.

Italian

TEACHING TOOLS
• Additional materials (e.g. summaries, further readings, sample tests) will be made available online to the students.
• E-textbooks
• Moodle


Accessibility, Disability and Inclusion

Accommodation and support services for students with disabilities and students with specific learning impairments


Ca' Foscari abides by Italian Law (Law 17/1999; Law 170/2010) regarding support services and accommodation available to students with disabilities. This includes students with mobility, visual, hearing and other disabilities (Law 17/1999), and specific learning impairments (Law 170/2010). If you have a disability or impairment that requires accommodations (i.e., alternate testing, readers, note takers or interpreters) please contact the Disability and Accessibility Offices in Student Services: disabilita@unive.it.

written and oral

This subject deals with topics related to the macro-area "Natural capital and environmental quality" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development