Veidlapa Nr. M-3 (8)
Study Course Description
Environmental Protection Law
Course Code
JF_402
Branch of Science
Law
ECTS
3.00
Target Audience
Juridical Science
LQF
Level 6
Study Type And Form
Full-Time; Part-Time
Study Course Implementer
Course Supervisor
Aldona Kipāne
Structure Unit Manager
Ieva Puzo
Structural Unit
Faculty of Social Sciences
Contacts
Dzirciema street 16, Rīga, szf@rsu.lv
About Study Course
Objective
Enable students to acquire knowledge of legal relationship between the human and the natural environment, to understand the role of ecological rights and general problems of legal protection of the natural environment, which are characteristic to certain sectors of national economy.
Preliminary Knowledge
Administrative Law, Criminal Law, European Union Law.
Learning Outcomes
Knowledge
1.As a result of the study course, students acquire knowledge of legal means and basic principles of environmental protection, the right of man to a favourable environment, sustainable development, spatial planning, environmental impact assessment and liability for environmental damage.
Skills
1.Students acquire skills in environmental legislation through their independent work, and apply the laws and regulations to particular situations and interpret them. Understand the principles of environmental law and interrelationship in their application.
Individual work and tests
Individual work
Competences
1.Students are able to use the acquired knowledge in the field of environmental law to independently solve legal cases and analyse legislative documents. Understand topical issues of environmental and spatial planning.
Individual work and tests
Examination
Assessment
Individual work
|
Title
|
% from total grade
|
Grade
|
|---|---|---|
|
1.
Individual work |
-
|
10 points
|
|
The study material will be assessed by the following forms of examination: 1. participation in seminar classes with a presentation on the chosen topic (presentation 7 – 10 min.); 2. an argumentative essay on the chosen and presented topic (highlighting problems in the relevant field and/or reflecting case law). Topics for independent work: • Special environmental legal regimes. • State administration in the field of environmental protection. • Liability for environmental damage. • Limitation and prevention of pollution. • Waste management. To evaluate the quality of the study course as a whole, the student must fill out a study course evaluation form in the Student Portal. |
||
Examination
|
Title
|
% from total grade
|
Grade
|
|---|---|---|
|
1.
Examination |
-
|
10 points
|
|
Exam – in the form of a test (topics covered in lectures and in the context of independent work). The assessment is formed by the results of the test (up to 10 points) and the assessments of the independent work. If the independent work is not completed or its assessment is unsatisfactory, one point is deducted from the result of the test (one point is deducted for each uncompleted or unsatisfactorily completed work). If the results of the test are better than the results of the independent work, the final assessment is determined based on the results of the test. If the results of the independent work are better than the results of the test, the final assessment is determined taking into account also the assessments of the independent work. |
||
Study Course Theme Plan
FULL-TIME
Part 1
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Introduction to Environmental Law.
Sub-topics of the lecture:
Environmental law as a sub-branch of the legal branch.
Sources of environmental law.
Environmental ethics and the connection of environmental law.
The connection of environmental protection with other branches of legal science.
The concept of environment in environmental law.
An insight into international environmental law.
Description
Students understand: the concept and place of environmental protection law in the legal system; the main sources of environmental law; the interconnection between environmental ethics and environmental protection law; the connection between environmental protection law and other branches of legal science; |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Introduction to Environmental Law.
Sub-topics of the lecture:
Environmental law as a sub-branch of the legal branch.
Sources of environmental law.
Environmental ethics and the connection of environmental law.
The connection of environmental protection with other branches of legal science.
The concept of environment in environmental law.
An insight into international environmental law.
Description
Students understand: the concept and place of environmental protection law in the legal system; the main sources of environmental law; the interconnection between environmental ethics and environmental protection law; the connection between environmental protection law and other branches of legal science; |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Introduction to Environmental Law.
Sub-topics of the lecture:
Environmental law as a sub-branch of the legal branch.
Sources of environmental law.
Environmental ethics and the connection of environmental law.
The connection of environmental protection with other branches of legal science.
The concept of environment in environmental law.
An insight into international environmental law.
Description
Students understand: the concept and place of environmental protection law in the legal system; the main sources of environmental law; the interconnection between environmental ethics and environmental protection law; the connection between environmental protection law and other branches of legal science; |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Introduction to Environmental Law.
Sub-topics of the lecture:
Environmental law as a sub-branch of the legal branch.
Sources of environmental law.
Environmental ethics and the connection of environmental law.
The connection of environmental protection with other branches of legal science.
The concept of environment in environmental law.
An insight into international environmental law.
Description
Students understand: the concept and place of environmental protection law in the legal system; the main sources of environmental law; the interconnection between environmental ethics and environmental protection law; the connection between environmental protection law and other branches of legal science; |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
The right of a person to a favourable environment.
The obligation of the state to protect and improve the environment. The subjective right of a person to a favourable environment. The content of the right to a favourable environment: procedural and substantive rights. The use of existing European human rights protection instruments in environmental protection. Procedural aspects of the right to a favourable environment: the right to environmental information, the right to participate in environ
Description
Students understand: the nature and content of the human right to a healthy environment; the state’s duty to protect and improve the environment; procedural and substantive rights in environmental protection; the right to environmental information, participation and access to justice. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
The right of a person to a favourable environment.
The obligation of the state to protect and improve the environment. The subjective right of a person to a favourable environment. The content of the right to a favourable environment: procedural and substantive rights. The use of existing European human rights protection instruments in environmental protection. Procedural aspects of the right to a favourable environment: the right to environmental information, the right to participate in environ
Description
Students understand: the nature and content of the human right to a healthy environment; the state’s duty to protect and improve the environment; procedural and substantive rights in environmental protection; the right to environmental information, participation and access to justice. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Environmental Impact Assessment.
The essence of the environmental impact assessment.
The basic principle of environmental impact assessment.
The precautionary principle.
Principles of environmental impact assessment
Public participation in environmental impact assessment.
Description
Students understand: the essence and basic principles of environmental impact assessment; the importance of the precautionary principle; the importance of public participation in environmental impact assessment. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Environmental Impact Assessment.
The essence of the environmental impact assessment.
The basic principle of environmental impact assessment.
The precautionary principle.
Principles of environmental impact assessment
Public participation in environmental impact assessment.
Description
Students understand: the essence and basic principles of environmental impact assessment; the importance of the precautionary principle; the importance of public participation in environmental impact assessment. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Public administration in the field of environmental protection. Environmental protection and spatial planning.
Institutional system in the field of environmental protection.
Spatial planning as a means of environmental protection.
Levels and principles of spatial planning.
Public right to participate in the planning process.
Concept and types of spatial plans.
Legality control of spatial plans.
Description
Students understand: institutional system and division of competences in environmental protection; importance of spatial planning in environmental protection; levels and basic principles of spatial planning; rights of the public to participate in the planning process; concept and types of spatial plans; essence of legality control of spatial plans. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Public administration in the field of environmental protection. Environmental protection and spatial planning.
Institutional system in the field of environmental protection.
Spatial planning as a means of environmental protection.
Levels and principles of spatial planning.
Public right to participate in the planning process.
Concept and types of spatial plans.
Legality control of spatial plans.
Description
Students understand: institutional system and division of competences in environmental protection; importance of spatial planning in environmental protection; levels and basic principles of spatial planning; rights of the public to participate in the planning process; concept and types of spatial plans; essence of legality control of spatial plans. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Special environmental legal regimes.
The concept of protected areas.
Categories of protected areas.
Characteristics of the legal framework.
Procedure for establishing and maintaining protected areas
Description
Students understand: the concept and categories of protected areas; the legal framework of protected areas; the procedure for establishing and maintaining protected areas. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Special environmental legal regimes.
The concept of protected areas.
Categories of protected areas.
Characteristics of the legal framework.
Procedure for establishing and maintaining protected areas
Description
Students understand: the concept and categories of protected areas; the legal framework of protected areas; the procedure for establishing and maintaining protected areas. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Liability for environmental damage.
Liability for environmental damage.
Strict liability conditions.
Administrative liability conditions. Criminal liability conditions.
Description
Students understand: the nature of liability for environmental damage; the conditions for strict, administrative and criminal liability; the application of types of liability in the field of environmental protection. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Liability for environmental damage.
Liability for environmental damage.
Strict liability conditions.
Administrative liability conditions. Criminal liability conditions.
Description
Students understand: the nature of liability for environmental damage; the conditions for strict, administrative and criminal liability; the application of types of liability in the field of environmental protection. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Means of limiting and preventing pollution. Waste management
Definition of pollution. Control of pollution from industrial installations.
Integrated pollution permits.
Concept and types of waste.
Waste management plans.
Waste management permits and challenges to their issuance.
Procedure for selecting and designating waste management sites.
Recycling and disposal of waste.
Deposit system.
Description
Students understand: the concept of pollution and means of its prevention and control; control of pollution from industrial installations and integrated pollution permits; the concept, types and basic principles of waste management; the importance of waste management plans and permits; legal framework for recycling, disposal and deposit systems. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Means of limiting and preventing pollution. Waste management
Definition of pollution. Control of pollution from industrial installations.
Integrated pollution permits.
Concept and types of waste.
Waste management plans.
Waste management permits and challenges to their issuance.
Procedure for selecting and designating waste management sites.
Recycling and disposal of waste.
Deposit system.
Description
Students understand: the concept of pollution and means of its prevention and control; control of pollution from industrial installations and integrated pollution permits; the concept, types and basic principles of waste management; the importance of waste management plans and permits; legal framework for recycling, disposal and deposit systems. |
Total ECTS (Creditpoints):
3.00
Contact hours:
32 Academic Hours
Final Examination:
Exam (Written)
PART-TIME
Part 1
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Introduction to Environmental Law.
Sub-topics of the lecture:
Environmental law as a sub-branch of the legal branch.
Sources of environmental law.
Environmental ethics and the connection of environmental law.
The connection of environmental protection with other branches of legal science.
The concept of environment in environmental law.
An insight into international environmental law.
Description
Students understand: the concept and place of environmental protection law in the legal system; the main sources of environmental law; the interconnection between environmental ethics and environmental protection law; the connection between environmental protection law and other branches of legal science; |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
The right of a person to a favourable environment.
The obligation of the state to protect and improve the environment. The subjective right of a person to a favourable environment. The content of the right to a favourable environment: procedural and substantive rights. The use of existing European human rights protection instruments in environmental protection. Procedural aspects of the right to a favourable environment: the right to environmental information, the right to participate in environ
Description
Students understand: the nature and content of the human right to a healthy environment; the state’s duty to protect and improve the environment; procedural and substantive rights in environmental protection; the right to environmental information, participation and access to justice. |
|
Environmental Impact Assessment.
The essence of the environmental impact assessment.
The basic principle of environmental impact assessment.
The precautionary principle.
Principles of environmental impact assessment
Public participation in environmental impact assessment.
Description
Students understand: the essence and basic principles of environmental impact assessment; the importance of the precautionary principle; the importance of public participation in environmental impact assessment. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Public administration in the field of environmental protection. Environmental protection and spatial planning.
Institutional system in the field of environmental protection.
Spatial planning as a means of environmental protection.
Levels and principles of spatial planning.
Public right to participate in the planning process.
Concept and types of spatial plans.
Legality control of spatial plans.
Description
Students understand: institutional system and division of competences in environmental protection; importance of spatial planning in environmental protection; levels and basic principles of spatial planning; rights of the public to participate in the planning process; concept and types of spatial plans; essence of legality control of spatial plans. |
|
Special environmental legal regimes.
The concept of protected areas.
Categories of protected areas.
Characteristics of the legal framework.
Procedure for establishing and maintaining protected areas
Description
Students understand: the concept and categories of protected areas; the legal framework of protected areas; the procedure for establishing and maintaining protected areas. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Liability for environmental damage.
Liability for environmental damage.
Strict liability conditions.
Administrative liability conditions. Criminal liability conditions.
Description
Students understand: the nature of liability for environmental damage; the conditions for strict, administrative and criminal liability; the application of types of liability in the field of environmental protection. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Means of limiting and preventing pollution. Waste management
Definition of pollution. Control of pollution from industrial installations.
Integrated pollution permits.
Concept and types of waste.
Waste management plans.
Waste management permits and challenges to their issuance.
Procedure for selecting and designating waste management sites.
Recycling and disposal of waste.
Deposit system.
Description
Students understand: the concept of pollution and means of its prevention and control; control of pollution from industrial installations and integrated pollution permits; the concept, types and basic principles of waste management; the importance of waste management plans and permits; legal framework for recycling, disposal and deposit systems. |
Total ECTS (Creditpoints):
3.00
Contact hours:
10 Academic Hours
Final Examination:
Exam (Written)
Bibliography
Required Reading
1.
Meseršmits K., Meiere S., Ūsiņa E. Eiropas vides tiesības. Rīga, EuroFaculty, 2004.
2.
Ietekmes uz vidi novērtējums./ Autoru kolekt. – Rīga: Ietekmes uz vidi novērtējuma Valsts birojs, 2002.
3.
Strautmanis J. Vides ētika un vides tiesības. Rīga, 2003.
4.
Meņģele – Stillere L. Vides līgumi Eiropas Savienībā un Latvijā//Likums un Tiesības, 2006., Nr.4 (80), 112.- 119.lpp.
5.
Latvijas Republikas Satversme.
6.
Likums “Par pašvaldībām”.
7.
Vides aizsardzības likums.
8.
Atkritumu apsaimniekošanas likums.
9.
Būvniecības likums (vecais un jaunais).
10.
Teritorijas attīstības plānošanas likums.
11.
Informācijas atklātības likums.
12.
Sugu un biotopu aizsardzības likums.
13.
Likums „Par īpaši aizsargājamām dabas teritorijām”.
14.
Likums „Par piesārņojumu”.
15.
Ūdens apsaimniekošanas likums.
16.
Likums „Par ietekmes uz vidi novērtējumu”.
17.
Atbilstošie Satversmes tiesas spriedumi.
18.
Orhūsas konvencija par pieeju informācijai, sabiedrības dalību lēmumu pieņemšanā un iespēju griezties tiesu iestādēs saistībā ar vides jautājumiem.
Additional Reading
1.
Čepāne I., Meiere S. Patvaļīgā būvniecība, Satversme un vispārīgie tiesību principi // Latvijas Vēstnesis, Jurista vārds: 07.10.2003 Nr.36.
2.
Čepāne I., Statkus S. Pašvaldības teritorijas plānojums kā nekustamā īpašuma tiesību aprobežojums//Jurista Vārds, 25.01.2005, Nr. 3 (358), 1., 4.-6.lpp.; 01.02.2005., Nr.4 (359), 8.-14.lpp
3.
Čepāne I., Statkus S. Būvniecības procesā pieņemto lēmumu pārsūdzēšana un būvniecības kontroles mehānismu uzlabošana//Likums un Tiesības, 2005., Nr.10 (74), 302.- 311.lpp.
4.
Čepāne I. Sabiedrības tiesību aizsardzības efektivitāte teritorijas plānošanas lietās//Jurista Vārds, Nr.3, 2009.
5.
Meiere S. Sabiedrības iespējas ietekmēt publiskās varas lēmumu būvniecības un vides jomā//Elektroniskais žurnāls #1 “Būvniecība”, http://test.delna.lv/spriedumi, (12.07.2005.)
Other Information Sources
1.
Kompetento institūciju mājaslapas.
2.
Tiesu prakses apkopojumi.