The course of "urban law + law of public works and building" has the expressed purpose of illustrating the operational rules of public institutions as well as the legal issues of interest to students of a scientific faculty.
Thus, the course ideally consists of two parts: a general and the other special; the special part, in turn, is divided into two insights.
In the 'general part' explains the main Italian legal rules and Community law, in order to highlight the influences that Community law has exercised against the Italian legislation, particularly in some sectors of relief (such example in the field of local government and its planning, environmental protection and the implementation and management of public works, the interference between the public tenders for the construction of public works and the satisfactions of interests of Community law, such as competition and equal treatment of economic operators).
Are, first, the legal sources analyzed, the fundamental principles of the Italian Constitution, the rules for the exercise of the legislative power of the state (ordinary laws, constitutional laws, decree-laws, decrees) and the legislative power of the Regions .
Particular attention is paid to the distinction of the legislative competence of the State and regions in certain subjects (state legislative power of "protecting the environment, the ecosystem and cultural heritage"; legislative power State-Regions contestant on "enhancement cultural and environmental heritage and the promotion and organization of cultural activities "in the area of" territorial government "regarding" production, transport and national distribution ").
The goal of this first general part is, therefore, to provide the students of the course the legal tools necessary to understand the rules of protection in some areas (which will be the subject of the special part of the course).
Therefore, the purpose of the general part of the course is to teach the student: a) how to understand the meaning of legal texts of the Italian and European legislation; b) how to interpret the regulatory material consisting of pieces of EU legislation, state and regional, through their coordinated read and compared; c) how to use the legal rules drawn from reading, complex and reasoned, these pieces of legislation.
The 'special part' of the course of "Law + urban public works and construction legislation" has as its object the legal principles relating to the territorial government and its planning, the interference profiles between the government of the territories and environmental protection ; the means of implementation and management of public works, in particular through the study of public tenders for the construction of public works. Particular attention is given to national and Community legislation on sources of renewable energy production, by analyzing the interference of this legislation on government land, environmental protection and the implementation of public works.
A corollary will be presented the legal instruments for the protection of private individuals against the public administration, through an application of the principles learned in the general part of the course.
The course concludes with an analysis of forms of legal protection guaranteed by our law against the public administration, with an illustration of the constitutional rules on the guarantee of legally relevant rights and interests of private parties.
From the course of "Urban law + law of public works and building" is borrowed the course "Administrative law".
For the course of planning Law and Legal public works and construction
• Sources of law
• Public Goods and Public Services
• Public Powers and administrative discretion: General Administrative Procedure Law n. 241/1990
• Special legislation on public works, production of energy sources, environmental protection and landscape, the territorial government
• Elements of administrative justice
Reccomended or required readings
Recommended the following book: Daria De Pretis. Diritto urbanistico e delle opere pubbliche. Giappichelli editore, ultima edizione.