Administration, Innovation and Environmental Sustainability

CHIARA MARI

The aim of the course is to provide students with knowledge of the environmental sector, including both the articulation of public bodies and the rules affecting the sector and the operators, including private ones. The aim of the study is for the students to understand the functions of the rules, of the administrations and the organisations for the protection of the environment compared to other interests.

At the end of the course the student will be able to conduct a research on the ecological transition law subjects, also by taking a hint of more current facts. Moreover, the student will be able to implement critical instruments of interpretation, to understand and evaluate the institutional, normative and administration contexts in which other instruments and techniques, related to the protection of the environment are inserted.
This will allow students to develop the necessary skills to communicate what they have learned also in a working environment. The learning allows them to continue with further studies too (Doctorate, Master, etc).

To face at its best the study Environmental transition Law, it is useful to have a basic knowledge of Public Law/Constitutional Environmental Law and Administrative Law. These can be acquired by taking the exams in the three- year courses or by studying the recommended texts for their preparation. However, Public Law/Constitutional Environmental Law and Administrative Law are not preliminary examinations.

The course will deal with the topic of ecological transition law in a theoretical, normative and jurisprudential perspective. In particular, it will develop the following topics:
- the framework of European policies on ecological transition, with particular reference to the implementation of the Green Deal and the most recent public policies;
- the articulation of public powers at both national and European level;
- the specific legal principles and the concrete legal actions;
- the instruments for governing ecological transition (administrative procedures; public contracts; the use of the artificial market; collaborative instruments);
- land planning instruments;
- the circular economy;
- environmental public services;
- biodiversity
Particular attention will be devoted to the subject of renewable energy, with reference to supranational and national regulations, plant authorization procedures, the roles of the public and private entities involved, and the mechanisms for citizen participation.

Testo di riferimento:

1) G. Rossi - A. Farì (a cura di), "Diritto dell'ambiente", Torino, Giappichelli, 2026.

Lettura consigliata:

2) C. Mari (a cura di), "Iniziativa privata ed interessi pubblici nei procedimenti di autorizzazione per la transizione ecologica", Napoli, Editoriale scientifica, 2023.

The course is mainly based on classical academic lectures, even if students are also called up to wield some exercises on case-law.

The attendance is voluntary and in-person.

The exams will be arranged through oral test at the end of the course. The oral proof devoted to the students attending the lectures is normally constituted by two questions aimed at verifying the ability to connect subjects with themes, which will be dealt with during the lectures and with case study. The oral proof devoted to the students who decide not to attend the lectures or to the students who do not do exams just after the conclusion of course is normally constituted by three questions.
The questions aim to check the basic theoretical as well as practical knowledge of the main features of the Environmental transition law, the organisation and the functioning of national administration. Particularly, it will be appreciated the ability of the students to connect the different subjects of the course.

- the concept of ecological transition
- environmental procedures