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Environmental Law and Urban planning 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

1. To grasp an overview of the Law of Urbanism;
2. Understand the legal regimes underlying the Law of urbanism;
3. Know the urban plans, legal regime and execution of the same;
4. Know the legal regime of expropriations for public utility;
5. To know the Juridical Regime of Urbanization and Urban Construction.
6. Apprehend an overview of environmental law;
7. Know the "Environmental Constitution" as well as the respective constitutional principles of Environmental Law;
8. Know and apply civil liability for ecological damages.

Recommended Prerequisites

Administrative law I e II

Teaching Metodology

In order to comply with what is required in curriculum development and to meet the proposed objectives, the following teaching / learning methodologies are followed: - The lectures, applicable to all the objectives of the program, where the discussion of ideas and the expression of the With a critical analysis of legislation, judgments and other documents. - The practical classes, where it privileges the legal resolution of proposed problems which allows a very close contact with reality. Following this process, students are encouraged to research and their autonomous study is promoted.

Body of Work

1. THE LAW OF URBANISM.
2. ADMINISTRATIVE ORGANIZATION OF URBANISM.
3. LEGAL REGIME OF INSTRUMENTS OF TERRITORIAL MANAGEMENT.
4. PUBLIC UTILITY RESTRICTIONS.
5. THE LAW OF THE ENVIRONMENT - CONCEPT AND GENERAL
6. THE CONSTITUTIONAL LAW OF THE ENVIRONMENT
7. CIVIL LIABILITY FOR ECOLOGICAL DAMAGE

Recommended Bibliography

OLIVEIRA, Fernanda Paula, Direito do Urbanismo Do planeamento à gestão, 2ª edição, Nedal, Coimbra, 2015;
GOMES, CARLA AMADO, Introdução ao Direito do Ambiente, aafdl, 2014;
DIAS, José Eduardo Figueiredo Dias, Direito Constitucional e Administrativo do Ambiente, Almedina, 2007.

Complementary Bibliography

AMARAL, Diogo Freitas do, “Apreciação da dissertação de doutoramento do licenciado Fernando Alves Correia, «O Plano Urbanístico e o Princípio da Igualdade»”, in Revista da Faculdade de Direito da Universidade de Lisboa, volume XXXII, 1991, p. 91-105;
CORREIA, Fernando Alves, Manual de Direito do Urbanismo, Volume I, 4.ª edição, Coimbra, 2012.

Weekly Planning

WEEKLY PLANNING
THEORETICAL CLASSES
WEEKS 1-2
Presentation of the course:
- General considerations about the program of the curricular unit;
- Bibliographic indications;
- Considerations about teaching methodology;
- Consideration of evaluation methods.
I. THE LAW OF URBANISM
- Concept;
- Object;
- Nature;
- Distinction between urbanism law and spatial planning law;
- The "Constitution of urbanism";
- The constitutional principles of Urbanism Law.

WEEKS 3-4
II. ADMINISTRATIVE ORGANIZATION OF URBANISM
- Fundamental principles of the administrative organization of urbanism;
- Entities, bodies and services with attributions and competences in the field of urban planning;
III. LEGAL REGIME OF INSTRUMENTS OF TERRITORIAL MANAGEMENT (until Weeks 11-12)
- The types of plans
- Functions of the plans
- Procedure for the formation of plans: in particular municipal plans
- Material content of the municipal plans

WEEKS 5-6
- Documentary composition of the municipal plans
- The relationship between the plans and the combination or harmonization between their
WEEKS 7-8
- Precautionary measures of the special and municipal plans of territorial planning
- The dynamics of the plans
- Urban plans and the principle of equality
A) The dimensions of relevance of the principle of equality in plurisubjective planning
B) Compensatory equalization of benefits and charges resulting from municipal plans
WEEK 9
- Assessment test 1.
WEEK 10-11
- The execution of plans
A) Systematic and unsystematic execution
B) Execution systems
C) Execution Units
D) Tools for implementing plans
E) Forms of concertation of interests in the execution of plans
- Breach of plans
- Litigation of plans
WEEK 12
IV. PUBLIC UTILITY RESTRICTIONS
- Brief analysis of the following schemes: National Agricultural Reserve (NAR); National Ecological Reserve (REN);
Natura 2000 Network.
- Administrative easements and restrictions of public utility.
- Expropriation by public utility.
WEEK 13
RIGHT OF THE ENVIRONMENT
The Right of the Environment - Concept and Generalities
Object of Environmental Law
Protection of the environment as an emerging political issue
The subjective legal protection of the environment
The objective dimension of environmental protection
Environmental goods
The sources of Environmental Law ~
WEEK 14
The Constitutional Law of the Environment
Constitutional principles on the environment
The fundamental principles of the prevention of sustainable development, the rational use of
Natural resources and the polluter pays
A Civil liability for ecological damage
WEEK 15
Clarification of doubts and evaluation test.PRACTICAL CLASSES
1st WEEK:
PRESENTATION.
I. General considerations about the program of the curricular unit;
II. Bibliographic indications;
III. Considerations on teaching methodology;
IV. Consideration of evaluation methods.

2nd WEEK:
Revision of the subject taught in theoretical classes.

3rd WEEK:
Identification of the problems raised in the theoretical class. Practical contextualization of the questions taught.

4th week
Identification of the problems raised in the theoretical class. Practical contextualization of the questions taught.

5th week
Revision of the subject taught in the theoretical class

6th week
Revision of the subject taught in the theoretical class

7th week
Resolution of practical cases on the subject taught in theoretical classes

8th week
Resolution of practical cases on the subject taught in theoretical classes

9th week
Assessment test 1.
10th week
Resolution of practical cases on the subject taught in theoretical classes

Eleventh week
Resolution of practical cases on the subject taught in theoretical classes

12 th Week
Resolution of practical cases on the subject taught in theoretical classes

13th Week
Resolution of practical cases on the subject taught in theoretical classes

14th week
Resolution of practical cases on the subject taught in theoretical classes

15th week
Assessment Test 2

Demonstration of the syllabus coherence with the curricular unit's objectives

n order to achieve at the end of the semester the students have achieved the objectives listed above, the contents described above have been created, and the following correspondences have been created: objective 1 is achieved with programmatic content 1; Objective 2 is achieved with programmatic content 2; Objectives 3 and 5 are achieved with program content 3; Goal 4 is achieved with programmatic content 4; Goal 6 is achieved with program content 5; Goal 7 is achieved with programmatic content 6; Objective 8 is achieved with the programmatic content 7.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

For all learning objectives, the lectures are used in the theoretical classes with discussion of ideas and expression of informed opinion, and in practical classes, the resolution and discussion of practical cases. To understand an overview of the Law of Urbanism, understand the underlying legal regimes and know the urban plans, legal regime and implementation, know the legal regime of urbanization and urban construction, apprehend a general view of environmental law, know the " Environmental Constitution "as well as the respective constitutional principles of Environmental Law, identify the main forms of administrative action in environmental material, both preventive and repressive; Know and apply civil liability for ecological damage; To understand and apply the environmental litigation, it is also necessary to use a critical analysis of legislation and judgments, as well as practical cases.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledge Yes
Analytical and synthetic skills Yes
Commitment to quality  
Problem-solving Yes
Written and verbal communications skills Yes
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