“Enforcement of EU Environmental Law: Role of the Judiciary”

Total Page:16

File Type:pdf, Size:1020Kb

“Enforcement of EU Environmental Law: Role of the Judiciary” The European Commission in co-operation with the Department of EU Affairs of the Italian Government With the support of the Ministry of Foreign Affairs, the Ministry of Justice and the Ministry of the Environment and Protection of Land and Sea of the Italian Republic Ministero degli AffariEsteri Ministero della Giustizia Conference for Italian, Romanian and Slovenian Judges and Prosecutors on “Enforcement of EU Environmental Law: Role of the Judiciary” 10-11 November 2011, Rome Palazzo della Farnesina Sala delle Conferenze Internazionali Ministero degli Affari Esteri Piazzale della Farnesina, 1 Programme Thursday, 10 November 2011 Opening session The Role of National Prosecutors Alfredo MONTAGNA, Vice General Prosecutor 9:15 a.m. – 10:30 a. m. at the Supreme Court of Cassation of the Italian Welcoming address: Giorgio MARRAPODI, Head Republic of the Service for Legal Affairs, Diplomatic Disputes The Role of CCTA (Comando Carabinieri Tutela and International Agreements, Ministry of Foreign Ambiente) Affairs of the Italian Republic Carlo BELLOTTI, CCTA (National Guard for the Introduction by chair: Giuseppe TESAURO, Protection of the Environment), Rome, Italy Judge at the Constitutional Court of the Italian The Experience of the Agent of the Government. Republic Recurrent Issues and their Causes Sergio DE FELICE, Head of Cabinet, Ministry of Gabriella PALMIERI, State Attorney, Agent of the European Affairs of the Italian Republic Italian Republic at the Court of Justice of the EU Paola LUCARELLI, Vice-Head of Cabinet, Ministry 3:00 p.m. – 5:30 p.m. of the Environment, Land Protection and the Sea Plenary session on EU Waste Law of the Italian Republic Chair and facilitator: Francesco MUNARI, Janez POTOČNIK, Commissioner for Environment Professor of International and EU Law, Faculty of (video message to the Conference participants) Political Science, University of Genoa Paolo AURIEMMA, Member of the Superior Introduction by the Chair Council of the Judiciary, Italy EU Waste Legislation: Recent Developments Silvian IONESCU, General Commissioner, National Environmental Guard, Romania Marc CLEMENT, European Commission, DG Environment, Brussels Peter GOLOB, Deputy Head of the Administrative Department of the Supreme Court of the Presentation on the Waste Shipment Regulation Republic of Slovenia Marilena LULEA, Judge at the Reghin First instance court, Romania 10:30 a. m. - 11:00 a. m. Debate Introductory speech: The Role of the Court of The transposition of EU waste directives ‘not self- Justice of the European Union for the Enforcement executing’ under Italian law: the impossibility of EU Environment Law of their direct application in front of the need to Massimiliano MONTINI, Professor of EU Law, adapt Italian law to the EU legislation University of Siena, Italy Alessio SCARCELLA, Judge at the Supreme Court of Cassation of the Italian Republic, Rome 11:00 a.m. – 11:15 a.m. Coffee-break Gerardo SORICELLI, Faculty of Law, University of 11:15 a.m. – 1:15 p.m. Naples Plenary Panel discussion on Enforcement The disposal of waste in EU Environmental Law: The specificity of Council Directivre 2011/70 of EU Environmental Law Euratom establishing a Community framework Facilitator of the panel discussion: for the responsible and safe management of Doina ANGHEL, Vice-President of the Bucharest spent fuel and radioactive waste Court of Appeal, Romania Debate and conclusion by the Chair The Role of the European Commission 6:00 p. m. Marianne WENNING, Director, Directorate for Legal Affairs and Cohesion, European Commission, Guided tour in Villa Madama Brussels followed by a cocktail, Via di Villa Madama, Roma (bus transport will be provided) The Role of National Judges Andrej KMECL, Head of Department at the Administrative Court of the Republic of Slovenia Friday, 11 November 2011 9:00 a.m. - 11:00 a.m. Role of NGOs in Protection of Natural Heritage Plenary Session on EU Law on Water Stefano LEONI, President of WWF Italia, Rome Chair and facilitator of the panel discussion: Debate and conclusion by the Chair Amedeo FRANCO, Judge at Third Criminal Section, Supreme Court of Cassation of the Italian Republic 1:00 p.m. - 2:30 p.m. Lunch-break Introduction by the Chair 2:30 p.m. - 3:45 p.m. Implementation of the Water Framework Plenary Panel discussion on Access to Directive Mitja BRICELJ, Director, Institute for Water of the Justice Republic of Slovenia Chair and facilitator of the panel discussion: River Basin Management Plans: The Danube Áine RYALL, Faculty of Law, University College River Basin Example Cork, Ireland Gheorghe CONSTANTIN, Director, Directorate Introduction by the Chair for Water Resource Management, Ministry of the Access to Justice under the Aarhus Convention Environment and Forests, Romania Jeremy WATES, Secretary General of the European EU Water Law in Action – Analysis of the Case Law Environmental Bureau, Brussels of the Court of Justice of the European Union Access to Justice from the Point of View of a Judge Marco GASPARINETTI, Principal Lawyer, DG Giovanni TULUMELLO, Judge at the Regional Environment, European Commission, Brussels Administrative Court of Sicily, Italy Debate and conclusion by the Chair Access to Justice from the Point of View of NGO Vittorio COGLIATI DEZZA – President of 11:00 a.m. - 11:30 a.m. Coffee break Legambiente, Rome, Italy Debate and conclusion by the Chair 11:30 a.m. - 1:00 p. m. Plenary Session on EU Nature Protection 3:45-4:30 p. m. Conclusions Law and Biodiversity Chair and facilitator: Ion CODESCU, Head of Chair and facilitator of the panel discussion: Unit “Enforcement, Infringements Co-ordination Ornella PORCHIA, Professor of EU Law, Faculty of and Legal Issues”, DG Environment, European Law, University of Turin, Italy Commission Introduction by the Chair Vincenzo CELESTE, Coordinator of the Task Force The Habitats Directive – The Transposition on Infringements, Department for EU Affairs, Terminology in Accordance with EU Court of Presidency of the Italian Council of Ministers Justice Jurisprudence Jasna ŠEGAN, President of the Administrative Doina ANGHEL, Vice-President of the Bucharest Court of the Republic of Slovenia Court of Appeal, Romania Gabriela BOGASIU, Judge at the Administrative The Birds Directive and the Slovenian Experience Section of the High Court of Cassation and Justice with its Implementation of Romania Vlasta Švagelj GABROVEC, Judge at the Administrative Court of Slovenia, Head of the Department in Maribor, Slovenia .
Recommended publications
  • Where Diplomacy Meets Art
    Ugo Colombo Sacco di Albiano WHERE DIPLOMACY MEETS ART FOREWORD t gives me great pleasure to present this important work by Ugo Colombo Sacco di Albiano which I takes a look at the history of the buildings that have housed Italian diplomacy in almost a century and a half of activity. In so doing, it also looks at the stages in the evolution of our profession. This original and valuable research, reconstructing the events intimately linked to the buildings in which the Italian Ministry of Foreign Affairs has carried out its work, travels along those same dual paths that tradition- ally characterise the approach of Italian diplomacy: to conserve the memory and rich legacy of an assuredly glorious past as an ideal ‘launching pad’ for projecting itself towards new challenges and the increasingly com- plex missions of the present and future. It would also appear that the route along which this book has travelled towards its publication – and espe- cially its passionate promotion effected by Gaetano Cortese – corroborates another ‘typical’ aspect of the diplomatic system: the particular relationships that are created among its members. In fact, our Representations abroad bear a certain resemblance to ships, in that the common destiny of the crew, surrounded by the high seas, inevitably depends in the main on the united aims and commitment of all those aboard. This leads to the WHERE DIPLOMACY MEETS ART forming of both professional and personal bonds – sometimes so strong as to be almost familial – between the head of a Mission and his collaborators. Often, these bonds resist the changing fortunes arising from the requirements of duty that may beset individual life paths and careers.
    [Show full text]
  • 05 92 111 Pós 47 Ing.P65
    Lisandra Franco de ussolini’s swimming pool in Mendonça m the former PALAZZO DELLE TERME (current EDIFICIO DELLE “PISCINE CONI”) at the FORO ITALICO, in rome: historical analysis and conservation 92 pós- Abstract The former Palazzo delle Terme has its two wings connected by a volume in reinforced concrete that acts like a “bridge”, which contains a hanging pool: the former Piscina del Duce, current Piscina Pensile. The pool is subjected to extreme artificial environmental conditions: the relative humidity in the room is linked to the temperature of the water in the pool, the heating of the air and the lack of appropriate ventilation mechanisms. These conditions lead to condensation on the walls of the perimeter and to the formation of mold. The condensation contains traces of chlorine, hence it is particularly corrosive and may undermine the resistance of the structure, as well as the many technological elements necessary for heating and air and water treatment. This research was developed in several archives in Rome in which the author was able to consult the architectural project, technical descriptions of the building and photographic surveys. The architectural survey was done simultaneously and was followed by the survey of construction pathologies. The research allowed a discussion pertinent to the restoration of a designated modern building that is still functioning and subject to a great load of technical equipment and energy expenses. Keywords Foro Italico. Piscina Pensile. Conservation project. Conservation of Modern Architecture. Construction pathologies of Twentieth- century architecture. doi: http://dx.doi.org/10.11606/issn.2317-2762.v25i47p92-111 Pós, Rev.
    [Show full text]
  • Minimum Documentation Fiche 2015 Composed by National/Regional Working Party Of: Docomomo Italia
    Minimum Documentation Fiche 2015 composed by national/regional working party of: Docomomo Italia 0.1 Picture of site depicted item: Aerial view of the complex source: Caporilli, Simeoni 1990 date: before 1950 1. Identity of group of buildings 1.1 current name of group of building Foro Italico 1.2 variant or former name Foro Mussolini 1.3 number & name of street site delimited by Lungotevere Maresciallo Cadorna, Piazza Lauro de Bosis, Lungotevere Maresciallo Diaz, Largo Maresciallo Diaz, Via della Macchia della Farnesina, Viale dei Gladiatori and Via Roberto Morra di Lavriano, 1.4 town Rome 1.5 province/state Rome/Lazio 1.6 zip code 00135 1.7 country Italy 1.8 national grid reference latitude 41.932024; longitude 12.458589 1.9 classification/typology REC, EDC / Sports Centre and University International working party for documentation and conservation of buildings, sites and neighbourhoods of the modern movement 1.10 protection status & date protected by Law no. 1089/1939, Ministerial Decree of 31st January 1989 (architectonical and historical interest); by Law 1497/1939, Lazio Regional Committee resolution no. 10591 of 15th December 1989 (cultural and landscape value); included in the Piano Territoriale Paesistico no. 15/8 called “Valle del Tevere”, approved by the Lazio Regional Council resolution no. 25 of 12th July 2006. In the 2008 Piano Regolatore Generale (Municipality Master Plan) of Rome, it was included among the “Special Buildings and Complexes” of the historical city, as an “Urban Architectural Landmark”; in the Quality Charter of the Master Plan was recommended the conservation of the historical, architectonical, urban and landscape characteristics of the complex.
    [Show full text]
  • MINISTRY of FOREIGN AFFAIRS' EMPLOYEES SPOUSES ASSOCIATION INSIEME a ROMA GENERAL PROGRAM 2019-2020 September Villa Madama
    MINISTRY OF FOREIGN AFFAIRS’ EMPLOYEES SPOUSES ASSOCIATION INSIEME A ROMA GENERAL PROGRAM 2019-2020 September Villa Madama The opening of the social year 2019/2020 will be held at Villa Madama, the historical residence of State; during this occasion the cultural programs of the Association will be presented. Located on the slopes of Monte Mario, Villa Madama preserves a spectacular system of frescoed loggias, Italian arcades and gardens from the original ambitious project assigned to Raphael by Pope Leo X and realized by the disciples of the master of Urbino. After the death of Clement VII, the villa became the official residence of Margherita D’Austria, known with the name of “Madama”, married in second marriage of Ottavio Farnese. Today it is employed as a place of representation by the Presidency of the Council of Ministers and by the Protocol of the Ministry of Foreign Affairs. October Palazzo Firenze In the heart of Campo Marzio, it has been for a long time the headquarters of the Embassy of the Granducato of Tuscany in Rome. Today, it hosts the offices of Società Dante Alighieri, a prestigious institution that deals with the diffusion of the Italian language worldwide. Built in several stages, it still offers visitors its Renaissance look with a fascinating courtyard and a precious garden embellished with small archeological remains. The Palace is a continuous sequence of rooms rich of frescoes, stuccoes and refined carvings. Usually closed to the public, Palazzo Firenze opens its doors for the ACDMAE. November Palazzo Spada Previously a cardinals’ residence, the palace hides priceless treasures and it is famous for its façade and the false perspective by Borromini of the entrance hall to the secret garden.
    [Show full text]
  • Il Foro Mussolini Di Enrico Del Debbio
    Bauhaus-Institut für Geschichte und Theorie der Architektur und Planung Symposium ‟Urban Design and Dictatorship in the 20th century: Italy, Portugal, the Soviet Union, Spain and Germany. History and Historiography” Weimar, November 21-22, 2013 Landscape and City during Fascism: Enrico del Debbio’s Foro Mussolini1 Maria Luisa Neri Università di Camerino – Scuola di Architettura e Design - Ascoli Piceno - Italy [email protected] Last version: April 21, 2015 Keywords: urban history, urban design, fascist period, sport city, Rome, Enrico Del Debbio Abstract: The launch of approximately forty design contests between 1925 and 1940 saw the involvement of various protagonists. They focused on very important topics and several different hypotheses of urban growth were put forward in an attempt to define a new urban concept. To fully understand the urban design of the Foro Mussolini we must remember that Del Debbio considered landscape and architecture as part of a larger urban environment. An important part of his urban philosophy was a planning system that could merge different scales of intervention and solve several outstanding issues. Del Debbio’s first overall plan drafted in 1928 already contained the main features of his architectural, landscape, and urban plan. He continued to work on it till 1933 when he finalised the plan which was in fact implemented, enlarging the extensive natural parkland. He started to work again on the Forum in 1938 when a decision was taken to locate the Palazzo Littorio in that area (in 1940 it became the Ministry of Foreign Affairs). His work continued until 1960 during which time he was involved in the new plans to prepare the Forum (renamed Foro Italico) for the upcoming XVII Olympic Games in 1960.
    [Show full text]
  • Where Diplomacy Meets Art
    Ugo Colombo Sacco di Albiano WHERE DIPLOMACY MEETS ART WHERE DIPLOMACY MEETS ART FOREWORD t gives me great pleasure to present this important ing of both professional and personal bonds – sometimes work by Ugo Colombo Sacco di Albiano which so strong as to be almost familial – between the head of a I takes a look at the history of the buildings that have Mission and his collaborators. Often, these bonds resist housed Italian diplomacy in almost a century and a half the changing fortunes arising from the requirements of of activity. In so doing, it also looks at the stages in the duty that may beset individual life paths and careers. evolution of our profession. I therefore firmly believe that these pages, through This original and valuable research, reconstructing the their descriptions of art treasures and historical events, events intimately linked to the buildings in which the will help the reader discover the spirit that has always Italian Ministry of Foreign Affairs has carried out its animated the men and women of the Ministry of Foreign work, travels along those same dual paths that tradition- Affairs. ally characterise the approach of Italian diplomacy: to conserve the memory and rich legacy of an assuredly glorious past as an ideal ‘launching pad’ for projecting itself towards new challenges and the increasingly com- plex missions of the present and future. It would also appear that the route along which this book has travelled towards its publication – and especial- ly its passionate promotion effected by Gaetano Cortese – corroborates another ‘typical’ aspect of the diplomatic system: the particular relationships that are created among its members.
    [Show full text]