Subject: the subject matter of this course is particularly complex and requires the knowledge not only of the protean national legislation but also of the supranational one, in particular of the Community law directly applicable to the Italian legal system; the law, that is, by which Italian courts must abide under the constitutional principles.
Said complexity, moreover, is even greater in the field of environmental law as a result of the influence that the judgments of the Court of Justice have on the decisions of national courts.
The course will develop through an analysis of the most controversial interpretational aspects of the regulations in this sector.
In particular, a detailed analysis will be conducted of the application procedures and problems in respect of the regulations governing waste disposal – also in the light of the provisions of Legislative Decree 90/2008 and subsequent regulations – water pollution, air pollution and urban-related matters, cultural assets and the landscape, as well as problems related to the application of precautionary measures and measures for the enforcement of court orders.
A significant part of the course will also be dedicated to the investigation techniques and protocols in sectors such as environmental crime, in which, especially in southern Italy, the infiltration of organized crime is increasingly frequent.
Lastly, a specific session will be dedicated to the regulations governing preventive measures involving the seizure of assets, with particular reference to cases of confiscation.
Objectives: the aim of the course is to closely examine the complex environmental sector, which saw the introduction of several innovative regulations also at community level.
Structure and methodology: the course will be structured into two and a half days, in which the workshop method will prevail over the traditional face-to-face presentations.
Candidates: judicial and prosecuting magistrates of first instance and high court, in equal proportions. The course is open to private practice attorneys and police officers.