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Social sciences and humanities

Subject: TOWN PLANNING AND ENVIRONMENTAL LAW (A.A. 2024/2025)

single-cycle master degrees (5 years) in LAW

Course year 5
CFU 6
Teaching units 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)
  • TAF: Supplementary compulsory subjects SSD: IUS/10 CFU: 6
Teachers: Maria Cristina SANTINI
Exam type oral
Evaluation final vote
Teaching language Italiano
Contents download pdf download

Teachers

Maria Cristina SANTINI

Overview

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 a subject that can be freely chosen in the fifth year of a second cycle degree course or the final year of a three-year 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.

Admission requirements

The basic knowledge of the constitutional and private law

Course contents

- Constitutional profiles
- Town planning: general aspects
- Directive general town planning: the territorial coordination plan
- Operative general town planning:
town planning scheme
planning program
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.

3 universitay credits

- 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.

3 universitary credits


Teaching methods

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. Optional research, either individually or in groups, on topics of the students’ choice agreed upon with the lecturer and subsequently presented in the virtual classroom by means of oral reports, power point presentations, videos, written essays or other means, supervised by the lecturer. Communicative methodologies will be illustrated to the students. This activity is designed to help them learn how to process the knowledge acquired, work individually and as part of a team, and develop their communication skills. The course will take place on campus.. Attendance is not mandatory. The language of delivery will be Italian.

Assessment methods

During the lessons, students can choose to sit an optional interim oral test on the environmental component of the course and, subsequently, an optional interim oral test on the town planning component,so enabling them to gradually assimilate the necessary knowledge.The interim test will be evaluated with a mark assigned based on an evaluation grid published in advance on the Moodle platform.Those who pass the interim test will be exempt from being tested on the relative part of the study programme in the final exam.The final mark is calculated based on the marks assigned in the interim tests and the outcome of the final oral exam.The student can also opt to sit only one of the interim tests.The interim tests will be valid only up to the February exam (included). If the student fails the test, or wants to improve their knowledge, they can request to be tested again on the same part of the study programme when sitting the final exam.The final exam is an oral test and contains at least one question on the construction component of the study programme, so that each student is examined on their knowledge of each area of the programme (environment - town planning - construction).For students who do not sit the interim tests, the exam will consist in an oral examination with at least three questions, designed to check their knowledge of all three components of the course: environment, town planning and construction.All students can choose, if they prefer, to study in depth individual issues of a certain complexity in both the town planning-construction and environmental fields, by performing research and analysing the doctrine, legislation and regulations applicable to the chosen subject and, if required, presenting it in the classroom alongside the lecturer, drafting a written essay or making a Powerpoint presentation.This assignment will replace the oral question in the final exam on the construction component of the course. Exams will take place on campus

Learning outcomes

1) Knowledge and Ability to Understand:
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.
2) Applied Knowledge and Ability to Understand:
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.
3) Autonomy of Judgment:
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.
4) Communication skills:
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.
5) Learning Capabilities:
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.

Readings

C.Bevilacqua - F.Salvia, N.Gullo, Manuale di diritto urbanistico, Cedam, 2021
In alternativa per la parte urbanistica P.Stella Richter, Diritto urbanistico. Manuale breve, Milano, 2022 e per la parte ambientale P. Dell'Anno , Diritto dell'ambiente, Cedam, 2022
Per approfondimenti è possibile,per chi lo desidera, consultare anche P.Stella Richter, Dizionario giuridico di urbanistica ed edilizia, Milano, 2020
E' necessario portare gli aggiornamenti normativi.
E' possibile contattare la docente: mariacristina.santini@unimore.it per avere delucidazioni sul programma e per concordare un esame con maggiore approfondimento sulla parte urbanistica oppure su quella edilizia oppure su quella ambientale.