INFORMAZIONI SU

Administrative Law and Enviromental (Diritto amministrativo e ambientale)

Programma dell'insegnamento di Diritto amministrativo e ambientale - cdl in Ingegneria Civile

Teacher

dott. Francesco LONGO

Credits

6 CFU

Objectives

The course aims to provide the student who has mastered the basics of administrative law, the tools to work effectively in two main sectors of the economy and the right - the planning and procurement advertising, where particularly sensitive and delicate looks l 'intertwining of different values ​​that the government is called upon to protect: free enterprise and the protection of the territory, the orderly planning of settlements and private property, economic initiative and the substantive equality.

Contents

1. Notions and basic concepts: a. concept of rule of law and a source of law;

b. The sources of law b1. sources of public law;

b2. sources of private law;

b1. sources of public law:

b1.1. sources of legislative rank: - law; - Legislative Decree delegate; - Decree-Law; - Decree of the President of the Republic; - Judgments of the Constitutional Court; - Recall referendum;

b1.2. sources of constitutional law: - the Constitution and the Constitutional Laws;

b1.3. the sources of Community law: the organization of the European Union; acts source: - Regulations; - Directives; - The recommendations; - Opinions; - The judgments of the Court of Justice;

B1.4. sources of administrative law; sources (secondary) of administrative law; the principles of administrative activity: - the rule of law; - Impartiality; - Of sound; - Adequacy of inquiry; - Proportionality; - Of sincere cooperation; - Of fair proceedings;

b2. sources of private law: - acts of private law; - The contract; - Discipline and contractual obligations;
2. Basics of Public Administration; the public body, distinction: - the Local government; - The local authority; - The Public Institution for specific purposes;

3. The administrative act and the measure: their distinction and classification;

4. The administrative procedure; concept; types; distinction for proceedings; the succession of laws during the procedure;

5. The Law n. 241 of 1990 Administrative Procedure: the notice of initiation; participation in proceedings; the proceeding; the powers of investigation; Services Conference; measures silent; the commencement notice; agreements substitutes content of the measure; the motivation of the administrative order;

6. The publicity of administrative acts; their disclosure through access to documents in the availability at the Directors;

 

Part II

7. The discipline of the territory: - the tools of the Plan; - Interventions flow planning and administrative control; - The building permit violations and sanctions regime; - The limits of private building activity;

8. The activity expropriation: - requirements, conditions and terms; - The declaration of public utility; - The fair compensation; - The criteria for its determination; - Relegation and reverse accession;
9. The contractual activity of the Public Administration: - the resolution monitor; - The criteria for the choice of the contractor; - Variations during construction;

 

Part III

10. The right to protection of the environment: - the concept of the environment; - Community and national normative references; - The distinction between the environment, landscape, urban planning;
11. The principles of international law to protect the environment; their operations;

12. The principles of Community law to protect the environment;

13. The environmental impact assessment: - Strategic Environmental Assessment (SEA); - The environmental impact assessment (V.I.A.); - The study of environmental impact;

14. The administrative control environment; the principle expressed authorization;

15. The environmental damage;

16. The system of responsibilities for the environment;

17. The restoration activities and environmental arrangement; remediation of contaminated sites;

 

Part IV

18. The matters.

1.1. Waste disposal: the basic principles of waste disposal;

1.2. The prevention of water pollution: - control instruments; - Water regime and soil conservation; - Watersheds; - The instruments of government, the basin plans;

1.3. The protection of the atmosphere from pollution: - the discipline of air pollution; - The powers of the new regime of protection; - The system of penalties in the DPR. 203 of 1988;

 

References

Texts retrieved during the lessons

Type of exam

Written and possibly oral