Environment Law

« Return

Objectives

The curricular unit pursues the following objectives:

Know the fundamentals of Law and the most common concepts of the legal system and logistics

Know the statutory and constitutional Frame work of the legislative process and the implementation of normative acts.

Know the main sources national, regional and European Union laws and regulations and the different types of normative acts produced by the different jurisdictions

Understand the mechanisms of legislative Dynamics and the mechanisms of revocation, derogation and reinstatement.

Be able to recognize the different types of laws and regulations and understand and interpret a statute, distinguishing its parts and context

Know the provisions of Community, national and regional law pertaining the most relevant areas of environment, land use, water resources management and related fields

Know the main aspects of the implementation of the environmental legislation and the administrative litigation processes associated with it

Program

Introduction: Law in the context of the different normative orders

Key features of the law

Rule of law and legal principles

Sources of law and observance of standards

Constitution of the Portuguese Republic

Treaty on EU the Treaty on the Functioning of the EU

Autonomous Regions and its statutes

Legislative techniques and codification: laws and regulations and their typologies

Civil Code; interpretation of the laws

Basic Law on the Environment

Law n.º48/98 of 11 August

Environmental impact assessment, licensing and environmental regulation

Laws and regulations on the prevention of noise

Water Law

Prevention of the pollution of air and water

Application of laws and regulations and their impact on professional activity in the areas of environment and water resources management

Concept of essential services, utilities and consumer rights and its regulation Sanitation systems utilities

Jurisdictional structure and administrative litigation in environmental and water law

Teaching Methodologies

The lectures have a mixed character of exhibition and demonstration and are aimed at familiarizing the students with the materials listed in the program, the sources of law and the main legislation.

The practical classes aim the analysis of the most relevant legal texts and their application, and are complemented individual and group work, followed by the presentation by the students to the class of the results of such work. The aims to introduce the methodology of legislative interpretation and application in solving specific situations.

Bibliography

Ascensão José de Oliveira 1932-; O direito. ISBN: 972-40-2443-1

Machado João Baptista; Introdução ao direito e ao discurso legitimador. ISBN: 972-40- 0471-6

Amaral Diogo Freitas do 1941-; Manual de introdução ao direito. ISBN: 972-40-2378-8

No decurso da lecionação da disciplina são fornecidos em formato eletrónico todos os documentos de natureza legislativa e de apoio que forem sendo apresentados nas aulas teórico-práticas.

Code

0201327

ECTS Credits

6

Classes

  • Práticas e Laboratórios - 26 hours
  • Teóricas - 20 hours

Evaluation Methodology

  • Individual and/or Group Work: 100%