20110303 - Impresa, ambiente e sostenibilità - Clinica legale

The course deals with legal issues raised by the relationship between business and environment. Here the environment will include three different meanings: (i) the "ecological system"; (ii) the "territory" or "landscape"; (iii) the context and the different interests surrounding the business (the interests of the so-called stakeholders). The course aims to help the students to form a vision to understand that the regulation involving both business and environment should take into account the needs of the business and the relevance of productivity.
The lessons will be based on interactive discussion and case studies in order for students to improve their skills to provide legal advice and assistance once they have obtained the necessary qualifications.
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Mutuazione: 20110303 Impresa, ambiente e sostenibilità - Clinica legale in GIURISPRUDENZA LMG/01 DI MARCELLO TOMMASO


The international, European and national declarations and regulatory acts related to business, environment and sustainability. The role of culture, innovation, technology and public investments with regard to these themes.

The relationship between the business and the precaution, prevention and "polluter pays" principles.

Corporate governance, environment and corporate social responsibility (CSR).

Organizational structures of the companies and compliance with environmental law. Internal audits. The audit and risk committee in listed companies.
Obligations and responsibilities of the corporate bodies and of the company in respect of remediation of contaminated sites.

The structure of the public institutions that support and monitor businesses at a national and local level.

The non-financial statement and the disclosure of non-financial information.

The complex relationship between company law and environmental protection. Return on investments and remuneration of directors and officers. The liability for remediation or compensation obligations after a merger or division or liquidation or transfer of company or business units.

The relationship between financial investments and environmental protection.

Innovation and environment related to the law and economics of start-ups.

Project finance, venture capital and investments in renewable energy.

The protection of environment in the law of the so-called social enterprise and in the regulation on business carried out by other third sector entities.

Benefit companies and sustainability.

The role of the company in the circular economy. Requirements and obligations with regard to the management of production residues.

The regulation on specific authorizations and unique environmental authorization.

The private law regulation of the damage to the environment procured by a company. The prospects for class action in environmental matters.

The environmental liabilities in bankruptcy law. The relationship between environmental law compliance and bankruptcy proceedings.

Core Documentation

The reading material consists of the following writings (published in law reviews):

C. ANGELICI, Divagazioni sulla «responsabilità sociale» d’impresa, in Riv. soc., 2018, 3 ss.

S. FORTUNATO, L’informazione non-finanziaria nell’impresa socialmente responsabile, in Giur. comm., 2019, I, 415 ss.

M. MAUGERI, Informazione non finanziaria e interesse sociale, in Riv. soc., 2019, 992 ss.

G. MARASÀ, Scopo di lucro e scopo di beneficio comune nelle società benefit, in Orizzonti del diritto commerciale, 2017/2, 8 ss.

A. GUACCERO, La start-up innovativa in forma di società a responsabilità limitata: raccolta del capitale di rischio ed equity crowdfunding, in Banca, borsa, tit. cred., 2014, I, 699 ss.

M. STELLA RICHTER jr, Società benefit e società non benefit, in Orizzonti del diritto commerciale, 2017/2, 1 ss.

L. PAPI, Crisi del sistema “volontaristico” e nuove frontiere europee della responsabilità sociale d’impresa, in Riv. dir. comm., 2019, II, 109 ss.

D. STANZIONE, Profili ricostruttivi della gestione delle società benefit, in Riv. dir. comm., 2018, I, 487 ss.