The course aims to offer theoretical training on territorial governance, considered in its unitary concept, with reference to environmental matrices, urban planning, construction, environmental, landscaping, waste and renewable energy disciplines. Particular attention will be paid to the governance and management of public goods and resources, with reference to the discipline and sources of community law. Environmental damage will be an important object of discussion to adapt training to the evolution of community law to deal with the phenomenon of climate change. In domestic law, particular reference will be made to the Consolidated Law on the Environment (Legislative Decree no. 152/2006 and subsequent amendments) to the Code of Cultural Heritage and Landscape (Legislative Decree no. 42/2004), to Legislative Decree no. 36/2023 on the procedures for the award of concession contracts, public contracts for works, services and supplies, as well as in special sectors water, energy and transport. During the 2021/2022 academic year, the subject of public procurement will be subject to a general review with the approval of an enabling law by parliament so that the Government can draft the new text of the code. The critical issues generally manifested by the current code and the means to overcome them will be the subject of attention. It should be added that the changes introduced by the Legislative Decree will be carefully studied. n. 69/2024 converted into Law no. 105/2024 (so-called Salva Casa)  to the Consolidated Law. of construction n. 380/2001.

The course will take place according to the following program: - evolution of science on territorial governance in general; - urban planning and construction; - urban planning and new emerging figures, equalization and compensation; - qualifications and sanctions; - the EIA, the SEA and the AIA in the environmental code; - waste regulation and the remediation of polluted sites; - sanctioning profiles regarding waste and environmental damage; - compensation for environmental damage (in specific form and in monetary equivalent); - the jurisdictional protection of subjective positions related to the governance of the territory and the identification of the contractor by the PA in public procurement (in collaboration with the teaching of administrative procedural law, especially for special procedural forms. In the presence of sufficient health conditions, they will be organized study meetings with the teacher of the aforementioned subject). During the course, at least ten hours will be dedicated to a comparison of cases already examined by the jurisprudence of the Ordinary and Administrative Judges, after delivery of the rulings that constitute the subject. In particular, the most recent pronunciations formed in the subjects covered by the course will be brought to the students' examination. The transmission of teaching material to students will be carried out in order to promote collective exercises and reflections for a better understanding of the principles that inspire the teaching subjects.

The learning outcomes are divided according to the following lines of verification: - Knowledge and understanding: complete knowledge and ability to understand the functioning and structure of the territorial planning system and territorial governance considered as a whole. The exam requires an ability to connect the rules governing the environment, urban planning and construction, read in a single context. The teaching is completed by the discipline of waste and public procedures for the awarding of services, works and supplies, including under concession. - Applying knowledge: in-depth knowledge of the forms of protection in the field of urban construction, compensation for environmental damage and remediation of polluted sites. - Making judgements: integrating knowledge and managing complexities. Innovative sentences of procedural practices and rites are proposed to the student, stimulating research in specialized journals of cases and topics explored in depth during the lessons. - Communication skills: clarity and precision of communication skills. The procedural simulation organized within the course and the written tests are useful experiences for comparing with the teacher and other students the methods and peculiarities of legal language and in particular that relating to jurisdictional protection. - Learning skills: adequate development of learning skills. The student must demonstrate a dynamic knowledge of the rules of the environmental code (Legislative Decree no. 152/2006), grasping the connections with exactly the compensation protection, the civil one and before the administrative judge.

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Exercises on public procedures and on the protection of the subjective positions of private individuals in relation to the planning activity of the public administration, also in collaboration with the chair of administrative procedural law. Examination and commentary of some fundamental rulings of the European Court, of the Administrative Judge and of the Ordinary Judge in the subjects included in the course.

Teaching

Lectures and in-depth seminars on specific cases which involve a study on topics also agreed with the teaching of administrative procedural law.

Attendance

No specific obligation. In the relationship with the teacher, the topics covered are agreed upon in advance in order to allow the student to prepare. The teaching material is identified in a shared manner.

Course books

L.MACCARI, Territorial government-Substantial profiles and jurisdictional protection, ARGALIA, 2014 Commentary on the new procurement code, edited by Prof. Luca R. Perfetti, Ipsoa editore. Parts indicated by the teacher agreed with the students: Commentary on the new procurement code by Gianfranco Cartei - Editoriale scentifica srl ​​- Florence Handouts made available to the teacher with other teaching material, following the program.

Assessment

Oral exam. The student must be able to precisely explain the discipline of the subjects covered by the teaching, demonstrating a mastery of the language and a reasoning ability of the institutions and principles that inspire the governance of local resources. The oral form allows an immediate and adequate verification of these skills and the acquired maturity. There are optional papers that the student can write to practice and make use of the knowledge acquired. The questions tend to have a dialogic comparison that allows the candidate to express the critical skills acquired in the individual topics. The final evaluation is the result of an overall assessment carried out according to the following criteria: less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes foreseen in the "knowledge and understanding" point; 18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the "knowledge and understanding" point; 21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding" and "applied knowledge and understanding"; 24-26/30 - good level: the candidate achieves, in particular, the learning outcomes foreseen in the "knowledge and understanding" points; “applied knowledge and understanding” and “independence of judgement”;

27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes foreseen in the "knowledge and understanding" points; “applied knowledge and understanding”; “independence of judgement” and “communication skills”; 30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes set out in the "knowledge and understanding" points; “applied knowledge and understanding”; “independence of judgement”; “communication skills” and “ability to learn”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

The assessment of preparation will take place through an oral discussion regarding the subjects covered in the reference texts indicated and in the discipline referred to (environmental, urban planning and construction code, public procedures). The oral interview method allows you to evaluate in the most complete way, as well as the student's communication skills, the acquisition of the analytical and critical skills required in consideration of the complexity of the topics. At the end of the aforementioned comparison, the expected learning outcomes will be assessed by asking three or more questions. Evaluation criteria and scores are determined according to the following scale: less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes foreseen in the "knowledge and understanding" point; 18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the "knowledge and understanding" point; 21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding" and "applied knowledge and understanding";

24-26/30 - good level: the candidate achieves, in particular, the learning outcomes foreseen in the "knowledge and understanding" points; “applied knowledge and understanding” and “independence of judgement”; 27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes foreseen in the "knowledge and understanding" points; “applied knowledge and understanding”; “independence of judgement” and “communication skills”; 30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes set out in the "knowledge and understanding" points; “applied knowledge and understanding”; “independence of judgement”; “communication skills” and “ability to learn”.

Attendance

Nobody

Course books

L.MACCARI, Territorial government-Substantial profiles and jurisdictional protection, ARGALIA, 2014 Public contracts manual, Francesco Caringella, Dike Editrice, 2019. Handouts made available to the teacher with other teaching material.

Assessment

Oral exam. The student must be able to precisely explain the discipline of the subjects covered by the teaching, demonstrating a mastery of the language and a reasoning ability of the institutions and principles that inspire the governance of local resources. The oral form allows an immediate and adequate verification of these skills and the acquired maturity. There are optional papers that the student can write to practice and make use of the knowledge acquired. At the end of the evaluation comparison, the expected learning outcomes will be evaluated by asking three or more questions. Evaluation criteria and scores are determined according to the following scale: less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes foreseen in the "knowledge and understanding" point; 18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the "knowledge and understanding" point; 21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding" and "applied knowledge and understanding";

24-26/30 - good level: the candidate achieves, in particular, the learning outcomes foreseen in the "knowledge and understanding" points; “applied knowledge and understanding” and “independence of judgement”; 27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes foreseen in the "knowledge and understanding" points; “applied knowledge and understanding”; “independence of judgement” and “communication skills”; 30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes set out in the "knowledge and understanding" points; “applied knowledge and understanding”; “independence of judgement”; “communication skills” and “ability to learn”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

During the course, the requests of attending students who tend to focus attention on certain topics of particular interest will be evaluated.