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,

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, 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