Social sciences and humanities
Subject: TOWN PLANNING AND ENVIRONMENTAL LAW (A.A. 2024/2025)
Unit Diritto urbanistico e dell'ambiente
Training activities in similar subject fields or in fields integrating the basic and distinctive ones, also relating to context cultures and interdisciplinary training (lesson)
The course aims to equip the student with comprehensive, thorough, specialist knowledge of the main contents and fundamental institutions of the subjects of town planning/construction and environment, including their interrelationships from an international, European community and interdisciplinary perspective. Consideration is given to both the diachronic dimension, to understand the genesis and evolution of the main institutions, and to the synchronic dimension, by comparing geographic and cultural areas.
Since this is an optional subject in the fifth year of a Master's Degree Course, which assumes a student with an appropriate, thorough grounding and overall education, as well as knowledge of legal terminology, and capacity for analysis and learning methods, the educational aim is to provide not only thorough knowledge of the subjects, but also additional interpretational and critical instruments to help the student function in a reality that is growing in complexity and changing more and more. This should result in the capacity of the student to apply the acquired knowledge to legal matters and the ability both to develop and formulate independent opinions and find appropriate solutions to real situations. The course is conducted with methods that help develop communicative ability and acquisition of study methods, whether individual or in groups, directed towards preparation for the world of work, but also for access to further education. Last but not least, there is also the aim of customizing the education by means of targeted specializations tailored to specific interests of students, on the basis of directions towards identifying fundamental professional aptitudes.
The basic knowledge of the constitutional, roman and private law
- Constitutional profiles
- Town planning: general aspects
- Directive general town planning: the territorial coordination plan
- Operative general town planning:
town planning scheme
structural plan and operative plan
urban development equalization
- Ordinary executive town planning:
spatial: detailed plans and parcelling plans
temporal: long-term executive programs
- Spatial executive town planning for special purposes (general profiles)
- Building activity
- Town planning offences
- Right of eminent domain.
- The environment concept.
- The principles of community environmental legislation.
- The assessment of environmental impact and strategic environmental assessment
- Water protection and management policies
- Control of atmospheric pollution
- Waste management and clean technologies
- Energy and industrial risks, biotechnologies, noise pollution
- Parks and nature reserves.
- Natural beauty.
- Assets of historical and artistic interest
- Repayment of environmental damage
All students are offered the option of directing their preparation, putting greater accent on either the subject of town planning/construction or environmental studies, by getting in touch with the teacher in advance to agree on a programme and more specialized texts.
The course is coordinated with the subjects of Administrative Law and Local Authority Law, to avoid programme overlaps and enable constructive integration of teaching, including constant comparison of teaching methods. Classroom lessons, backed up by seminars and practice sessions, to stimulate active participation on the student side, with continuous debate with teachers and other students. The teaching methods are based on use of reference sources of standards. There is an overview of the institutions and the most recent and important tendencies in doctrine and law are analysed from an international, European and interdisciplinary perspective. Seminars are held on real cases, including both participation of experts on the subject and the active involvement of students. Towards the end of the course, once a satisfactory level of knowledge, ability and skills has been achieved, an optional, annual interdisciplinary seminar is organised, with a special role for the subject of Administrative Law, where an analysis is carried out on a particularly important and quite complex, high profile legal case, in interdisciplinary and legal trial terms. Documentation regarding the case is supplied on the Dolly platform in advance, to allow the students involved access to the material both before and after the exercise.
Students will be continuously involved actively during lessons and practice sessions, including the means of reasoned analysis of reference sources of standards and the legal cases considered. While lessons are being held an optional intermediate oral test will be carried out for the subject of town planning/construction and, later on, an optional intermediate oral test for environmental studies, so that knowledge can be gradually assimilated. The result of the evaluation is made known to the student with a mark and if the result is unsatisfactory, or if the student wishes to improve his/her level of progress, a reassessment on the same part of the program may be carried out at the same time as the final exam. The latter takes place in oral form, with at least one other question on the rest of the course, so that every student is examined on each area of the course (town planning/construction/environment). Testing for distance-learning students is by oral exam, consisting of at least three questions : one on the subject of town planning, one on construction and one on environmental studies. All students have the choice, as they wish, to focus on individual topics of a certain complexity, either in the subject of town planning/construction or environmental studies, by carrying out research and doctrinal, legal and normative analysis of their chosen topic, for possible presentation in class by the side of the teacher or as a written project or power point presentation. The choice of the final oral exam in the subject of Law means that the student's debating and oratory ability can be tested, in other words the communicative abilities that become particularly important in advanced legal education as preparation for working in the legal profession. During the final exam, as well as the intermediate progress tests, students may make use of reference sources of standards.
By means of classroom teaching and seminars elaborating the more important topics the student will acquire a thorough knowledge of the main content and basic institutions of the town planning/construction and environment subjects, including their interrelationships from an international, European community and interdisciplinary perspective, both in a diachronic dimension to understand the genesis and evolution of the institutions and in a synchronic dimension comparing geographical and cultural areas. The student will develop the capacity to apply acquired knowledge, using an approach that is both theoretical and technical/professional, to legal matters that he/she will have to face, being equipped with the tools to frame the legal problem in a methodically correct manner and having developed the capacity for abstraction from legal norms.The lessons stimulate active participation by means of continuous discussion in class and the practice sessions encourage the capacity for independent reasoning and analysis of particular cases and the institutions studied in the light of the theoretical education received, as well as from an interdisciplinary perspective, so that the student in the end is capable of formulating and justifying his/her independent judgement, as well as identifying appropriate solutions regarding actual cases. The way the course is held, encouraging the students to debate continuously with their teachers and experts on the subject, as well as with other students, develops their oratory and debating ability. The activities described above enable the student to acquire the knowledge, ability and skills, plus the vital methodological tools needed, both to equip themselves for independently broadening their education and keeping it up to date, and for moving on to further education.
G. PAGLIARI, Corso di diritto urbanistico, 4 ed., Milano, 2015.
In alternativa per la parte urbanistica A. FIALE, Compendio di diritto urbanistico, Napoli, ultima edizione, oppure P.Stella Richter, Diritto urbanistico. Manuale breve, Milano, 2014 e per la parte ambientale P. Dell'Anno, Diritto dell'ambiente, Padova, 2014 oppure N.Lugaresi, Diritto dell'ambiente, 2015.
E' necessario verificare se nel frattempo sono intervenute modifiche normative in materia.