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.

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.

The purpose of this course aims to depict the role of the Medieval Church in the formation of Ius Commune in Europe and to examine the intertwinement of ecclesiastical categories with those of Roman Law and of Iura propria. More specifically, the contribution of Canon Law to the formation of the modern European Law will be examined from the administrative and economic points of view.

The programme for students attending the course will be indicated on a weekly basis during the lectures.
Students not attending the course will be evaluated by oral exam on the following handbook:
E. Conte, Diritto comune. Storia e storiografia di un sistema dinamico, Bologna 2009.

Subject of the course is the study of these topics:
I. Market regulation. Models of market organization. Antitrust regulation at European and Italian level. Regulatory and control Authority. The principle of competition and unfair competition. Advertising and protection against misleading advertising. Designation of origin and quality certification. Anti-competitive factors in corporate law. Professional practice and competition. Market of "ownership" of companies.
II. “Intellectual” Property. TRIPs Agreement and international trade. Distinctive features: firm, sign and brands; Internet domains. Franchising and merchandising.
Industrial inventions, designs and ornamental models; know how. New varieties of plants and biotechnological inventions. Research and development agreements. Copyright law reform. Protection of software, computer data bases and multimedia works.

Course Texts
- Civil code, recently enacted antitrust and intellectual property law provisions;
- Manual of Industrial Law:
1. AUTERI P., Diritto industriale, Giappichelli, Torino, last edition.

GENERAL: THE GENERAL PRINCIPLES OF CORPORATE CRIMINAL LAW - THE RULE OF LAW;
THE PRINCIPLES OF MATERIALITY AND OFFENSIVENESS; ARRANGEMENT OF GOODS; PROTECTION OF GOODS AND PROTECTION OF FUNCTIONS; THE PERSONALITY PRINCIPLE AND THE THEORY OF INDICTMENT; PERSONAL QUALIFICATIONS IN CORPORATE ENTITIES; DELEGATION OF POWERS, WARRANTY AND SURVEILLANCE DUTIES; ADMINISTRATIVE LIABILITY FOR CORPORATE ENTITIES; REFLECTIONS OF THE EUROPEAN UNION SYSTEM ON CORPORATE CRIMINAL LAW.

SPECIAL SECTION: CORPORATE CRIMINAL OFFENSES; CRIMES OF FALSE; CRIMES AGAINST CAPITAL AND LEGAL RESERVE FUNDS; CRIMES AGAINST THE REGULAR FUNCTIONING OF CORPORATE BODIES; CRIMES CONCERNING THE PROTECTION OF TRANSPARENCY AND THE MARKET: CORRELATIONS WITH THE LAW No. 62/2005; INSIDER TRADING, STOCK MANIPULATION, MARKET MANIPULATION, ABUSE OF PRIVILEGED INFORMATION.

BANKRUPTCY CRIMES; OVERVIEW; TYPES OF BANKRUPTCY WITH SPECIAL REFERENCE TO CORPORATE BANKRUPTCY FRAUD. BANK FRAUD, TAX AND FINANCIAL CRIMES. SECURITY MEASURES AND CIVIL PENALTIES FOR CRIMINAL OFFENSES.

AMBROSETTI E. M. - MEZZETTI E. - RONCO M., DIRITTO PENALE DELL’IMPRESA, ZANICHELLI,
BOLOGNA, ULT. ED.

For students attending the classes, the course will be seminarial-based, and focus on the regulations of the European Union in the area of private international law, as well as on the related case law of the Court of Justice.

Barel, Armellini, Manuale breve. Diritto internazionale privato, Milano, Giuffré, Ultima edizione

English

1. The course will examine principles of international contract law, using the Unidroit Principles, reviewing their structure and scope; basic ideas including freedom of contract, openness to usages, favor contractus, fair dealing and good faith, policing unfairness; purposes; uses, and comparison both to the CISG and European Principles.
2. The influence that the International Chamber of Commerce has over international contract law will be examined.
3. Concepts and procedures inherent to international contract arbitration will be reviewed and analyzed.
4. A broad array of documents typically used in international business transactions will also be explored.

RAY AUGUST, INTERNATIONAL BUSINESS LAW: TEXT, CASES AND READINGS, 4TH EDITION, PEARSON EDUCATION INTERNATIONAL, NEW JERSEY, 2004 (PP. 535 – 592)
MICHAEL JOACHIM BONELL, AN INTERNATIONAL RESTATEMENT OF CONTRACT LAW -THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, TRANSNATIONAL PUBLISHERS, INC., ARDSLEY, NY, 3D ED. 2005.
JOSEPH F. MORRISSEY AND JACK M. GRAVES, INTERNATIONAL SALES LAW AND ARBITRATION: PROBLEMS, CASES AND COMMENTARY, KLUWER LAW INTERNATIONAL, THE NETHERLANDS, 2008

Law and Humanities, 2021/2022



4th October: prof. Emanuele Conte (University of ‘Roma Tre’)
“Introduction to Law and Humanities”

5th-6th October: prof. Sara Menzinger (University of ‘Roma Tre’)
“Dante and the Law: The Influence of Legal Categories on 14th century Political Thought”

11th-13th October: prof. Serena Ammirati (University of ‘Roma Tre’)
“Law and Paleography: Transmitting and Reconstructing Law in the Latin West:
from papyri to digital data”

18th-20th October: prof. Giorgio Resta and prof. Emanuele Conte (University of ‘Roma Tre’)
“Law and Music”

25th-27th October: Stefania Gialdroni (University of Padova):
"Law and Visual Arts: The Italian Supreme Court of Cassation between Law,
Architecture and Iconography"

2nd-3rd November: Midterm exam

8th-10th November: prof. Emily Corran (University College London):
“Women, Conscience and Law: Legalistic approaches to sin in Late Middle Ages”

15th-17th November: prof. Giuseppe Guizzi (University of Napoli),
“Balzac and the Comedy of the Law”

22nd-23rd November: prof. Bruno Cavallone (University of Milano),
“Visual Arts and Principles of Judicial Proceedings”

29th-30th November: prof. Caroline Humfress (University of St. Andrews)
“Law and Society”

6th and 7th December: Final discussion of the course

Course reading material will be uploaded on the Roma Tre e-learning platform.

EU TRANSPORT LAW
7 ECTS
(Professor Vincenzo Zeno-Zencovich with Professor Margherita Colangelo)

Course description:
The course aims at introducing the EU policies in the field of transport and their intersections with many other relevant aspects: competition, environmental protection, consumer rights, external relations.
In particular the course will focus on two of the means of transport which have undergone – and are still undergoing – a considerable development in EU law: air transport and rail transport.
As to the first the course will examine
a) From monopoly in European air traffic to liberalization
b) Safety in the air and on ground
c) European agencies in the field of air transport
d) Airports and their management
e) The main competition issues:
- Mergers
- State aid
- Reservation systems
f) The EU system and the international regulation of air transport
g) Pending issues in the EU/USA and in the EU/Far East relationship
As to rail transport the course will examine
a) The (very) slow process of liberalization in rail transport
b) Interoperability and safety
c) European Transport Networks
d) European Agencies in the field of rail transport
e) The main competition issues
- Ownership of tracks and stations
- State aid
The course will also tackle the controversial issues of liberalization of port services and those of local transport (in particular UBER).
The last module of the course will be devoted to the growing expansion of consumer/user rights in the field of transport and their connection with the tourism sector (package tours, cruises, etc).
The course will also take into account the present disruptions in transport services due to the Covid-19 pandemic.

Objectives
The course aims at introducing student in an extremely important area of EU law with significant influences on a thriving economic activity, enhancing their ability to understand the general system of the European Union law and its implication on national systems.

Course Learning Activities
The course consists of lectures on the main subjects of EU transport law. During the course students will be asked to present to the rest of the class, in ppt, a series of important cases, mostly from the Court of Justice of the European Union.

Assessment tools
Student evaluation will be based on class work and class participation, oral presentations given during the semester, and a final written exam. The final exam consists in two essay questions (selected by the student among a choice of three questions).

Attendance policy
Class attendance is compulsory. Students are allowed a maximum of 7 (seven) absences, whatever the reason of the absence.

Course textbook:
M. Colangelo – V. Zeno-Zencovich, Introduction to European Union Transport Law (Third edition) freely available and downloadable on the Roma TrE-Press website [ http://romatrepress.uniroma3.it/wp-content/uploads/2020/01/Introduction-to-European-Union-transport-law-III-edizione.pdf ].

Fall 2020
Schedule of lessons (lessons will start on Wednesday, October 7th, 2020):
Wednesdays from 12 am to 1.45 pm
Thursdays and Fridays from 2.15 pm -4 pm
Owing to the present health restrictions lessons will be held online on the Zoom platform. The teachers will provide registered students with codes for access.


Class Topic
1. Oct 7 EU transport policy – General issues
2. Oct 8 Liberalization of network industries; regulation of services of general economic interest
3. Oct 9 Basics of Competition Law; the essential facility doctrine
4. Oct 14 The air transport sector; from the three aviation packages to Reg. 1008/2008/EC
5. Oct 15 Reg. 1008/2008/EC; airport infrastructures and charges
6. Oct 16 Airport infrastructures and charges
7. Oct 21 Ground handling services
8. Oct 22 Slot Allocation
9. Oct 23 2011 Better Airports Package; competition issues: abuse of dominant position; other anticompetitive conducts
10. Oct 28 Alliance agreements; code sharing; block exemptions
11. Oct 29 Competition issues; computer reservation systems
12. Oct 30 Mergers
13.Nov. 4 Competition issues: State aids and public service obligations
14. Nov 5 EU’s external aviation relations; Open Skies
15. Nov 6 The European Aviation Safety Agency
16. Nov 11 The railway sector – The railway packages
17. Nov 12 The railway sector – The railway packages - The Single European Railway Area
18. Nov 13 Unbundling in the railway sector; national experiences
19. Nov 18 Competition issues: market definition; abuse of dominant position; agreements
20. Nov 19 State aid
21.Nov 20 Liberalization of port services
22. Nov 25 Local transport. UBER
23. Nov 26 Passengers’ rights - Package travel, package holidays and package tours
24.Nov 27 Air passengers’ rights; compensation for denied boarding, cancellation or long delay of flights
25.Dec 2 Montreal and Warsaw Conventions; liability in case of accidents; rights to information; quality of service
26. Dec 3 Sea passengers; bus and coach passengers
27. Dec 4 Rail passengers’ rights
28. Dec 9 Safety and security in aviation and railway
29. Dec 10 Unfair commercial practices; misleading and comparative advertising
December 17 FINAL WRITTEN EXAM

M. Colangelo - V. Zeno-Zencovich, Introduction to European Union Transport Law, 3rd edition- Roma TrE-Press 2019 , available in open access at: http://romatrepress.uniroma3.it/wp-content/uploads/2019/12/Introduction-to-European-Union-transport-law-terza-edizione-1.pdf

THE COURSE IS DIVIDED INTO FOUR SECTIONS:
I. GENERAL OVERVIEW OF THE CONCEPT OF INTERNAL MARKET AND ADMINISTRATIVE LAW, FOCUSSING ON SOME EXAMPLES OF HOW EACH AND EVERY ASPECT OF THE NATIONAL ADMINISTRATIVE SYSTEMS (OF ALL MEMBER STATES) HAS BEEN AFFECTED BY EU LAW. THE LIBERALISATION DIRECTIVES OF NATIONAL PUBLIC SERVICES; THE LIBERALISATION OF THE JOB PLACEMENT MARKET (CASE JOB CENTRE, C-55/96, OF 11 DECEMBER 1997). THE PARTICULAR CASE OF LOCAL PUBLIC SERVICES (CASES RISAN, C-108/989 SEPTEMBER 1999 AND CONAME, C-231/03 OF 21 JULY 2005) AND THE CONCEPT OF ‘EUROPEAN RELEVANCE’. THE INTERNAL MARKET (ART. 26 TFEU AND CASE COMMISSION V UK, C-207/83 OF 25 APRIL 1985). NEGATIVE AND POSITIVE INTEGRATION. THE NON DISCRIMINATION PRINCIPLE (ART. 18 TFEU AND ART. 21 OF THE CHARTER OF FUNDAMENTAL RIGHTS). THE DEFINITION OF ‘MARKET’, ‘ECONOMIC ACTIVITIES’, UNDERTAKINGS AND ‘PUBLIC ACTIVITIES’ (COMMISSION V ITALIAN REPUBLIC, C-118/85, OF 16 JUNE 1987; VIACOM OUTDOOR, C-134/03, OF 17 FEBRUARY 2005). CLASS DISCUSSIONS ON THE JUDGEMENTS OF THE ECJ.

II. THE RULES OF THE EUROPEAN ECONOMIC CONSTITUTION. FREEDOM TO PROVIDE SERVICES AND FREEDOM OF ESTABLISHMENT (ARTICLES 56, 57 AND 49 TFEU) AND THE EXCEPTIONS TO THEIR APPLICATION (ARTICLES 51-55 TFEU). ACTIVITIES WHICH IN THAT STATE ARE CONNECTED, EVEN OCCASIONALLY, WITH THE EXERCISE OF OFFICIAL AUTHORITY (ADVOCATE GENERAL MAYRAS, OPINION IN THE REYNES CASE C-2/74, OF 21 JUNE 197). THE CONCEPT OF SERVICE (HUMBEL, C-263/86, OF 27 SEPTEMBER 1988). COMPREHENSIVE APPLICATION OF THE RULES ON FREE MOVEMENT OF SERVICES (COMMISSION V. FRANCE, C-154/89 OF 26 FEBRUARY 1991). FREE MOVEMENT OF WORKERS (ART. 45 TFUE). THE CONCET OF WORKER (NINNI, C-413/00, OF 6 NOVEMBER 2001 AND BETTRAY, C-344/87 OF 31 MAY 1999). ART. 45, N. 4, THE EMPLOYMENT IN THE PUBLIC SERVICE (LAWRIE-BLUM, C-66/85 OF 3 JULY 1986 AND COMMISSION V. FRANCE, C-307/84 OF 3 JUNE 1986). FREE MOVEMENT OF GOODS (ARTICLE 34 E 35 TFEU); DEFINITION OF GOOD (CASE COMMISSION V ITALY, C-7/6, OF 10 DECEMBER 1968). MEASURES HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION (CASE DASSONVILLE, C-8/74 OF 11 JULY 1974). THE MUTUAL RECOGNITION PRINCIPLE (CASE CASSIS DE DIJON, C-120/78, OF 20 FEBRUARY 1979) DECISIONS ON FREE MOVEMENT OF GOODS (COMMISSION V. ITALY, 5 FEBRUARY 2004, C-270/02 AND COMMISSION V. ITALY, C-193/80, OF 9 DECEMBER 1981). CLASS DISCUSSION ON THE JUDGEMENTS OF THE ECJ.

III. THE ROLE OF NATIONAL PUBLIC ADMNSITRATIONS FOR THE INTEGRATION OF THE INTERNAL MARKET; THE NEW EUROPEAN GOVERNANCE AND THE PRINCIPLE OF ADMINISTRATIVE COOPERATION; THE NEW TOOLS FOR THE INTERNAL MARKET INTEGRATION PROVIDED BY THE STRATEGY DEVELOPED BY THE EUROPEAN COMMISSION, SUCH AS SOLVIT, THE INTERNAL MARKET INFORMATION SYSTEM -IMI, THE EUROPEAN PROFESSIONAL CARD, ETC.).

IV THE LAST PART OF THE COURSE IS DEDICATED TO THE ANALYSIS OF THE EUROPEAN POLICY ON ANIMAL WELFARE HAVING PARTICULAR REGUARD TO THE INTERPRETATION AND APPLICATION OF ART. 13 TFEU.

A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED, INCLUDING SEVERAL DECISIONS OF THE EUROPEAN COURT AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS THAT WILL BE MADE AVAILABLE ALONG WITH A SET OF SLIDES.
NO TEXT BOOK WILL USED.
SOME MATERIALS ARE OPTIONAL AND STUDENTS CAN USE THEM TO DEEPEN THEIR KNOWLEDGE OF SPECIFIC TOPICS.
SLIDES, ACADEMIC PAPERS, CASES AND OTHER MATERIALS WILL BE MADE AVAILABLE THROUGH THE E-LEARNING PLATFORM AT THE BEGINNING OF THE COURSE, HOWEVER STUDENTS WILL BE ENCOURAGED TO MAKE THEIR OWN RESEARCH.

THE COURSE IS DIVIDED IN TWO PARTS. THE FIRST PART IS INTRODUCTORY AND RETRACES THE HISTORY OF PUBLIC PENSION SYSTEMS. THE BIRTH AND DEVELOPMENT OF PUBLIC PENSION SYSTEMS HAS BEEN AT THE CENTRE OF SEVERAL THEORETICAL APPROACHES WITHIN THE FIELDS OF POLITICAL SCIENCE, SOCIOLOGY, ECONOMICS. THOSE THEORIES ARE SHORTLY SURVEYED. NEXT, THE MAIN FEATURES OF THE PUBLIC PENSION SYSTEMS ARE PRESENTED AND THE DIFFERENT TYPOLOGIES OF THOSE SYSTEMS ARE DEFINED AND ELABORATED. FINALLY, THE ITALIAN PENSION SYSTEM IS PRESENTED AND THE HISTORY OF THE REFORMS INTRODUCED IN THE LAST TWENTY YEARS IS RETRACED.
The second part of the course is more analytical and theoretical. Namely, some analytical frameworks used to analyse the individual demand of insurance and the social consequences of public supply of pensions are presented. The following issues will be dealt with: individual choices and pension systems, public pension systems and macro-economic risk sharing among generations, the individual return on pension saving in different PAYG systems, political support to pension policies.
OBJ: The focus of the course is on the supply of old age insurance by public sector. First, the economic justifications of public pension systems are presented. Second, the different typologies of pension systems are analysed and their consequences on social welfare are considered. Finally, public pension policies in Italy are retraced and evaluated.

Attendance to lectures is compulsory. Students will be asked to write short essays on the topics presented at lectures.

B. DOUGLAS BERNHEIM, MICHAEL D. WHINSTON, MICROECONOMIA. SECONDA EDIZIONE; MILANO: MCGRAW HILL; 2013. CAPITOLI 9, 10, 20.
NICHOLAS BARR, ECONOMICS OF THE WELFARE STATE; OXFORD: OXFORD UNIVERSITY PRESS; 2012. CAPITOLI 3, 4, 7.
PAOLO BOSI (A CURA DI), CORSO DI SCIENZA DELLE FINANZE. SESTA EDIZIONE; BOLOGNA: IL MULINO; 2012. CAPITOLI 1 E 8.
MAURIZIO FERRERA, VALERIA FARGION, MATTEO JESSOULA, ALLE RADICI DEL WELFARE ALL'ITALIANA. ORIGINI E FUTURO DI UN MODELLO SOCIALE SQUILIBRATO; VENEZIA: MARSILIO EDITORI. CAPITOLI 1, 2, 3, 5.

AN ADDITIONAL READING LIST WILL BE ISSUED DURING LECTURES.

The first part of the course requires an introduction on the sports legal order and its legal sources.
The following topics will be mostly discussed during the lectures: the employment sports contract; the sports agent; communication and imaging exploitation commercial contracts (sponsorship, commercial advertising, merchandising, licensing); other sports contracts (ticketing, broadcasting rights selling, ambush marketing); torts (general aspects, civil liability referred to athletes, teachers, coaches, events’ organizers, sports facilities’ managers, institutions and other stakeholders a latere involved in sports activities); sports justice, arbitration and other ADR procedures.
Other topics of the course: the parties of the sports legal order (IOC, CONI, national and international sports federations, Confederations, associated sports, sports-supporting institutions, sports companies and associations, athletes, sports auxiliaries).

Ettore Battelli, Diritto Privato dello Sport, Giappichelli, Torino, 2021 (last edition)

Those attending the course in the first semester 2021-2022 will be able to use slides specifically available (in the elearning/teams channel) and replace the second book.

Penitantiary Law and Constitution – The principle of humanization of punishment in the Italian Constitution – Prisoners’ rights – Prisoners’ conditions in principles, rules and practices – Participation to the Legal Support Helpdesk.

M. Ruotolo, Dignità e carcere, II edizione, Editoriale Scientifica, 2014.
M. Ruotolo - S. Talini (ed.), Dopo la riforma. I diritti dei detenuti nel sistema costituzionale, vol. I, Editoriale Scientifica, 2019 (saggi di Chinni, Tomba e Caredda)

For non-attending students:
M. Ruotolo, Dignità e carcere, II edizione, Editoriale Scientifica, 2014.
M. Ruotolo - S. Talini (a cura di), Dopo la riforma. I diritti dei detenuti nel sistema costituzionale, volumi I e II, Editoriale Scientifica, 2019

- Criminal law and European law: the story of a complex combination

- The principle of legality in criminal law

- The "reflex effects" of European law on national criminal law:
• The duty of conforming interpretation
• The principle of supremacy of EU law
• Effects "in bonam partem" and effects "in malam partem"
• Case Analysis

- European duties of criminal protection

- The protection of human rights in Europe
• Italian Constitution, the ECHR, the EU Charter of Fundamental Rights: "multi-level" protection and the dialogue between the Courts after the Lisbon Treaty
• Art. 3 ECHR and the prohibition of torture and inhuman or degrading treatment: the judgment Torreggiani (prison overcrowding) to Cestaro judgment (case Diaz)

- Article 7 ECHR: a new face for the principle of legality in criminal law?
The gradual overcoming of the two "double tracks":
• The "case Grande Stevens" and the sanctions on market abuse
• The curious case of urban confiscation from "Punta Perotti" to the Constitutional Court, through the ECtHR

- The new perspectives of the "European judicial criminal law"
• The "case Contrada" and the so called "concorso esterno in associazione mafiosa"
• The "judgment Taricco" and the "prescrizione" in the Italian legal system

A. Massaro, Appunti di diritto penale europeo, Giappichelli, 2020.

This course aims at providing the fundamental notions of competition law as a central area in the EU Single Market policy. To this end, it will focus on the competition provisions that are directly applicable to companies throughout the European Union, i.e. the prohibition of cartels and restrictive practices, the prohibition of abuses of dominant position and merger control (to the exclusion of State aids and Article 106 TFEU).
More in detail, it will cover:
- The objectives of competition law;
- Essentials of US antitrust law;
- The role of competition rules in the EU;
- Market power, market definition and barriers to entry;
- Article 101 TFEU;
- Article 102 TFEU;
- Competition law and regulation;
- Public and private enforcement;
- Mergers.
The course intends to adopt a comparative approach (mainly with regard to the US system) and will involve the study of the main relevant case-law and recent policy documents.

Objectives
The course intends to introduce students in an extremely important area of EU law. In particular, it is aimed towards students being able to: i) demonstrate knowledge of EU competition law, taking a critical look at competition policy and its development; ii) deal with the primary sources of EU competition law (legislation, Commission decisions, CJEU/GC rulings); iii) carry out a presentation and a discussion on a competition law topic; iv) simulate a dispute.

Attendance policy
Class attendance is compulsory.

R. Whish – D. Bailey, Competition Law, Oxford University Press 2018 (selected chapters)

The program will start with the examination of the tourism legislation, at international, national and local levels. Afterwards, the touristic enterprise and the different touristic activities will be analyzed, included notes on the touristic professions and vocational training. At last, the course will be devoted to the transport contracts, the hotel contract, the time-share, the travel contract, the organized tourism contracts, the touristic locations and the ADR in the touristic field. Special attention will be devoted to highly topical matters such as the ruined vacation damage.

G. GRISI - S. MAZZAMUTO, Diritto del turismo, III ediz., Torino, 2020.

The program includes the study of the following topics:
- international and constitutional principles regarding penitentiary expiation;
- subjects of the prison administration;
- observation and treatment;
- penitentiary circuits and differentiations between prisoners;
- alternative measures to detention;
- vulnerable individuals;
- other forms of detention;
- surveillance procedure;
- protection of prisoners' rights.

1) For attending students the final exam will be on the lecture notes and on the teaching support material provided during the course, supplemented by the study of the following text:

P. Corso (a cura di), Manuale della esecuzione penitenziaria, Monduzzi, last edition;
or
F.Della Casa- G.Giostra, Manuale di Diritto penitenziario, Giappichelli, last edition,
limited to the chapters corresponding to the topics covered in the lesson.

2) For the other students, the final exam will be on the study of the following text:

P. Corso (a cura di), Manuale della esecuzione penitenziaria, Monduzzi, last edition
or
F.Della Casa- G.Giostra, Manuale di Diritto penitenziario, Giappichelli, last edition

The regulatory framework: the fundamental urban planning law
Expropriation procedure. Overview.
Public interventions in the territory
Urban planning restrictions
The PRG
The detailed plan
Environmental Protection
VIA, VAS and A.I.A.
The landscape constraints
The protection of cultural heritage
Property in urban planning
Expropriation for public benefit
The building permit / D.I.A. and S.C.I.A. building

P. Stella Richter, Diritto urbanistico, L.E.
or
P. Stella Richter, Profili funzionali dell'urbanistica, L.E.
or
F. Salvia, C. Bevilacqua, Manuale di Diritto urbanistico (con esclusione della sez III, pp. 114-126; cap. 4, sez. II e III, pp. 164-175; cap. 5, pp. 175-180; cap. 3, 4 e 5 pp. 221-256)

TThe IHL Legal Clinic permits selected students involved in the International Humanitarian Law course at the Roma Tre Law Department both to cooperate on pro bono projects with leading international and national institutions operating in the area of international humanitarian law and acquire significant skills and a humanitarian-oriented approach beneficial for their competences, future activities and civil awareness.
The IHL Legal Clinic aims to put students to the test of humanitarian and legal challenges raised by contemporary armed conflicts and other crisis through cooperative projects with relevant stakeholders.
For further info on projects and the selection process see http://studylaw.uniroma3.it/

Students will receive the relevant materials during class.

This course offers students the opportunity to work on complex and cutting-edge questions of international law through preparation for, and participation in, a distinguished international law moot competition. In the process, students will develop and refine advanced legal research and advocacy skills. The moot competitions will usually include the Philip C Jessup International Law Moot Court Competition, the pre-eminent global mooting competition in international law. Students will be expected to attend sessions on research methodology, and then to undertake intensive research in international law, prepare written submissions and develop oral submissions which are then refined through mooting practice.
At the end of this course, students will be able to:
- undertake international legal research
- analyse and synthesise international legal information and materials
- apply international law to complex issues, and critique the law from a practical perspective, either individually or as part of a team
- prepare appropriate and practical written and oral arguments for a specialist legal audience
- reflect on their abilities to effectively undertake legal work as a member of a team.

Students will receive a reader which will include selected articles and excerpts from relevant literature on methodology in legal research

The course aims at providing students with the most relevant notions of US company law, focusing mainly on corporations and investigating the following areas:
- incorporation and its effects
- financial structure and corporate finance
- organizational structure
- directors’ duties
- transactions on corporate control.

Programma del corso
Introduction to US company law – double sovereignty (state and federal) – the role of equity.
The role of law in regulating companies – Model acts – Uniform acts.
The formation of corporations – the incorporation – the choice of the state of incorporation – regulatory competition – “race to the top” and “race to the bottom” – internal affairs doctrine – the effects of incorporation – limited liability – operations before incorporation and in case of defective incorporation.
Limited liability – the economic reasons of limited liability and its rationale – the effects on creditors – the abuse of the corporate form – piercing the corporate veil – the case of corporate groups.
The financial structure of the corporation (1) – common stock and preferred stock – the authorization and issuance of stock – pre-emptive rights – the policy of dividends and the role of courts.
The financial structure of the corporation (2) – debt securities – bonds and debentures – powers of vote.
The organization of corporations (1) – shareholders’ powers – voting power – fundamental changes – business combinations – sale of all or substantially all of corporate assets – shareholders’ rights.
The organization of corporations (2) – the board of directors and its committees – executive compensation and the case of stock options – directors’ duties – business judgment rule – duty of care – duty of loyalty – duty of good faith.
Transactions on corporate control – hostile takeovers – the role of management and shareholders’ powers – corporate defenses – Delaware law and the role of Delaware courts.

Metodi didattici
The course is based on interactive lessons. Students are encouraged to participate in the discussion of cases and legal materials presented during the classes. Furthermore, students are requested to present cases to the class. Lectures of US professors are also planned.

Modalità di verifica dell’apprendimento
Students’ evaluation shall be based on both class work/contribution and on an oral final exam.

N.B. IL CORSO FA PARTE DEL PROGRAMMA "STUDYING LAW AT ROMA 3" DOVE LA FREQUENZA È OBBLIGATORIA. PER QUESTO MOTIVO GLI STUDENTI CHE VOGLIONO FREQUENTARE IL CORSO DEVONO EFFETTUARE LA PRE-ISCRIZIONE

Readings and course materials shall be provided during the course.

The course focuses on the study of individual and corporate responsibilities in relation to accident offenses, in the light of the most advanced contestation techniques and the most recent jurisprudential guidelines.
In the first part, given the reference to the fundamental notions of general theory of crime, obligations and penal sanctions are analyzed in the field of hygiene and safety of the workplace pursuant to Legislative Decree No 81/2008 with regard to the position of individual subjects (employer, managers, supervisors, those in charge of prevention and protection system, qualified physician, workers' representatives for safety, workers, client or project supervisor, coordinators for the planning or execution of the works) taking into account the conditions of validity and effectiveness of the delegation (or subdelegation) of functions.
The second part, given the distinction between contraventional and criminal accident offences, is dedicated to the analysis of the cases of manslaughter and culpable personal injury, with specific regard to the delimitation of the guarantee positions, the criteria for ascertaining the casual connection and guilt, also in relation to the meaning of art. 2087 of the Italian Civil Code, and the definition of the conditions for cooperation in the culpable crime, in the light of the distinctions of impediment obligations and obligations of surveillance, operational and organizational control (or "high supervision"), culpa in eligendo and culpa in vigilando.
The third part of the course concerns the structure and penalties of the administrative offense of the entity dependent on accidents at work and extends to the analysis of the possible techniques for drafting the organizational models, the criteria for assessing the related eligibility requirements and effective implementation in relation to accident prevention obligations and to various control tools (certifications, quality systems, risk assessment documents, etc.), as well as the repercussions on the composition and functioning of the supervisory body.
In the final session, after assessing the interference between the position of the employer and that of the body, possible forms and possible remedies of the process of verticalization or objectification of the judgment of criminal liability for accidents at work will be analyzed, in relation to the constitutional principle of personality.

Blaiotta, Diritto penale e sicurezza del lavoro, Giappichelli, Torino, 2020.

During the lessons, further sources of in-depth analysis (judgments, comments, journal articles, etc.) on issues of particular interest or relevancy may be indicated.

The course examines, in a comparative perspective, the new information and communication technologies to understand the evolution of the constitutional provision ex art. 21 in the digital age and in particular in the "network" system. In particular, the course aims to study the limits to the freedom of expression of thought, to protect individuals and the community, with particular attention to the impact of algorithmic technologies on law.

Vigevani, Pollicino, Melzi d'Eril, Cuniberti, Bassini, Diritto dell'informazione e dei media, Giappichelli, 2019, Parte I
4 articles chosen by the student:
G.L. Conti – M. Pietrangelo – F. Romano (a cura di), Social media e diritti. Diritto e social media, numero monografico della rivista Informatica e diritto, 2017, nn. 1-2 [http://www.ittig.cnr.it/EditoriaServizi/AttivitaEditoriale/InformaticaEDiritto/RivistaIeD1-2-2017_InteroFascicolo.pdf]

Students will acquire specific knowledge and competences regarding themes relative to the Rule of Law, subsidiarity and the protection of common goods, deeply analyzing the legal aspects that constitute them, in a comparative and international perspective. After a brief synthesis of the history of Street Law - first introduced at Georgetown Law School in 1972, and now taught across the USA and in 40 nations around the world – the concepts of the Rule of Law and subsidiarity and the various norms that regulate citizens and the institutions will be examined. Students will then be provided with the conceptual and practical tools needed to transmit these principles – by teaching civic education to high school students – to promote the transfer of them into actions aimed at caring for common goods.

At the end of the course, the students will be able to:
• Describe the main theoretical and normative frameworks that constitute the principles of the rule of law and of subsidiarity, in a comparative and international perspective, with particular reference to the Italian and US contexts.
• Plan and organize training initiatives aimed at transmitting this knowledge to high school students.
• Promote, through the application of the acquired knowledge and skills, the implementation of events aimed at taking care of common goods.
• Interact with the public administration in order to manage and improve the territory (or common goods)
• Diffuse the principles of actions of horizontal subsidiarity.

Various articles and regulatory norms.

The following topics will be covered during the course:
- Object, purpose and general features of international law rules concerning human rights
- The protection of human rights under general international law
- Human Rights in the UN system
- The International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights
- Crimes against humanity: international prevention and prosecution
- Human rights at the European level: the Council of Europe
- The European Convention on Human Rights and the Strasbourg Court
- Fundamental Rights within the EU legal order and practice
- Implementation and importance of international and European human rights law in the Italian legal order

Special focus on the protection of social rights in Europe and the European Social Charter system

A. Marchesi, La protezione internazionale dei diritti umani, Torino, Giappichelli, 2021

G. Palmisano, L'Europa dei diritti sociali. Significato, valore e prospettive della Carta sociale europea, Bologna, il Mulino, 2022

the programme includes a selection of the main topics in the field of public procurement

Selected materials will be provided during the lessons

The seminar activity aims to offer students the opportunity to reflect on the criminal trial reform and the relations between the criminal trial and the civil trial

The final exam will be prepared with the notes, materials and indications provided during the lessons.

The course will be developed in two directions: on the one hand, a reconstruction of the history of crime from the 19th century to the present day, and on the other hand, a focus on the criminal and penitentiary question relating to foreigners.

Detenuti stranieri in Italia di Patrizio Gonnella, editoriale Scientifica, 2014

The seminar "Criminal Law at the cinema" aims to develop the combination of cinematographic and legal languages, offering students the opportunity to study topics that monopolize the scientific debate and court decisions through the viewing of films.
The individual lessons will be developed in the following way: the screening of films will be followed by conference and seminars, where will be present not only the teacher of course, but also experts in the field.

Learning material, indicated during the lessons, is supplied to the students before the films and the conventions – seminars.

The Laboratory is held by Prof. Silvia Di Paolo, Dr. Tiziana Mancini (Chief Librarian), Dr. Emanuela Romeo (Librarian) and teaches the fundamental research and writing skills which every students should acquire over the years of their Law degree. The workshop, therefore, is intended for all students, but it is particularly recommended for those students who are about to work on their dissertation.

The workshop takes place every semester (1st Semester: month of November; 2nd Semester: month of April) and it runs in two sessions within a period of two weeks:

The first session (three meetings + a practical): the Professor introduces students to the research and writing of an academic text, showing different ways of collecting, reading and registering sources and bibliography. Students receive a general guide/vademecum on research methods and on the writing of an academic text (abstract, paper, dissertation).

The second session (three meetings + a practical): the Librarians illustrate the increasing wealth of library resources and the databases in open access, the strategies to find and consult them as well as the numerous services of the University Library System of Roma Tre.

The first meetings will be focused on the problem of miscarriage of justice, on the evolution of the studies in subject and on the most important leading international cases. In the second part of the brief course special attention will be payed both to the Italian state of the art and to some real judicial cases within the Italy Innocence Project.

The preparation of the exam will consist of the notes, the materials and the indications furnished during the lessons.

Participation in three seminars in November 2021 is mandatory.
Speakers prof. Olivier Le Roy, Paolo Di Lucia and Filippo Ruschi.

The teaching materials will be provided before the seminars.

The first meetings will focus on the regulatory and jurisprudential framework of the discipline of the criminal trial for the liability of entities for crime. Practical cases relating to real trials held in Italian classrooms against companies for high charges under the following conditions will then be analysed
of Legislative Decree no. 231/2001. An important part of the course will be dedicated to the systems of control governance and internal investigation, also in the light of technological progress, adopted by companies and multinationals operating both in Italy and abroad, systems that will be analyzed also through access to materials and technical-corporate methodologies made available by the operators of the system.

It is sufficient to study the notes and materials provided during the seminars.

The course deals with the main legal issues concerning important aspects of entertainment law. Significant attention is reserved to practical questions on music law, cinema, and to the exploitation of new technologies in the main relevant aspects of entertainment world.

BATTELLI ETTORE - Diritto privato dello spettacolo. Giappichelli, Torino (cap. 4, 5, 6, 7, 8, 9, 10, 11).

Lecture 1. The Basel Committee: soft laws and global banking regulation
Lecture 2. Basel Committee Accords and the Banking Regulation in Europe
Lecture 3. The evolution of banking regulation in Europe: from the Single Market for banking services to the Banking Union (1)
Lecture 4. The evolution of banking regulation in Europe: from the Single Market for banking services to the Banking Union (2)
Lecture 5. Strengths and weakness in the global regulation for the banking sector

material sent by the teacher (lecture presentation slides) and articles from scientific journals

THE SEMINAR WILL FOCUS ON THE EUROPEAN AND NATIONAL REGULATIONS ON ANIMAL WALFARE AND ON THE RELEVANT CASE LAW; THE SEMINAR WILL ALSO DEAL WITH SOME TOPICS LIKE THE OMBUDSMAN FOR ANIMAL WELFARE, DOLPHINARIUMS, ZOOS, CIRCUSES AND INTENSIVE FARMING

A SELECTION OF READINGS FROM VARIOUS SOURCES, SUCH AS SEVERAL DECISIONS OF THE COURTS (EUROPEAN AND NATIONAL), ARTICLES IN LEGAL PERIODICALS, DOCUMENTS OF THE INSTITUTIONS (EUROPEAN AND NATIONAL), LEGAL ACTS AND SLIDES WILL BE USED. MATERIAL WILL BE SENT BY E-MAIL AT THE BEGINNING OF THE COURSE

Origins and development of religious freedom in the European context. Religious freedom in the law and political action of the Council of Europe. The competence and actions of the European Union The impact of secularization and multiculturalism: analysis and discussion with students of the most common religious conflicts through the case law of Cedu and CdUE, with particular reference to the relationship between religious pluralism and democratic society; neutrality and religious symbolism; freedom of expression and criticism v. protection of religious sentiment; educational freedom of parents/students v. educational power of the State; individual religious freedom v. rights of the enterprise and the ideological organization.

The participants will be provided with doctrinal texts, the sentences, and bibliographical indications of further study, also through the e-learning portal.

giovedì 27 novembre dalle ore 14.30 alle ore 16.30
venerdì 28 novembre dalle ore 14.30 alle ore 16.30


mercoledi 3 dicembre dalle ore 14.30 alle ore 16.30
giovedì 4 dicembre dalle ore 14.30 alle ore 16.30
venerdì 5 dicembre dalle ore 14.30 alle ore 16.30

venerdì 12 novembre dalle ore 14.30 alle ore 16.30

mercoledì 19 novembre dalle ore 14.30 alle ore 16.30
giovedì 20 novembre dalle ore 14.30 alle ore 16.30
venerdì 21 novembre dalle ore 14.30 alle ore 16.30

mercoledì 26 novembre dalle ore 14.30 alle ore 18.30

mercoledi 3 NOVEMBRE DALLE 0RE 14.30 alle ore 16.30
Giovedi 4 NOVEMBRE DALLE ORE 14.30 alle ore 16.30
venerdì 5 dalle ore 14.30 alle ore 16.30

mercoledì 10 novembre dalle ore 14.30 allle ore 16.30
giovedi 11 novembre dalle ore 14.30 alle ore 16.30

The course aims to offer an original perspective on the Roman law through the masterpieces of the great artists whose paintings represented the Roman past. Topics studied include the role of religion and myth in ancient Rome, politics and warfare, the status of women and other subjects pertaining to the Roman World. By the end of the module it is expected that students should have the knowledge and understanding to account how each artist has interpreted the ancient Roman world, and why does this world inspired painters.

The course material will be uploaded on the Uniroma Tre e-learning platform.

Technological and financial evolution is increasing the financing tools available for small and medium-sized enterprises. Financial companies with innovative business models are born, traditional intermediaries use and develop digital technologies that transform their products and operational processes, public policies aim to make market finance accessible also to SMEs. In this rapidly evolving scenario, many small businesses struggle to find their way and risk not being able to seize the opportunities offered or, worse, to make bad choices in choosing tools that are not suited to their needs. Adequate financial skills are an increasingly important requirement to ensure the success of even the smallest companies, and to foster their growth. This seminar discusses the opportunities and risks arising from the use of new financial instruments by smaller companies and the most effective ways to promote their knowledge among entrepreneurs.

Since the activity is a single seminar, there is no bibliography.

The first part of the course is dedicated to explaining the characteristics of financial systems and the differences between banks and other financial intermediaries.
The second part will provide students with basic knowledge of the rules governing banking supervision and the management of banking crisis. Special attention will be given to the area where the EU integration process is at more advanced stage: the Banking Union, namely the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM).
The third part will focus on the evolution of the harmonisation process of laws in the capital market sector and on the investor protection under MiFID (Markets in Financial Instruments Directive).

Concetta Brescia Morra, Il Diritto delle banche, il Mulino, terza edizione, 2020

PRIVATE COMPARATIVE LAW (COMPULSORY ATTENDANCE)

PROGRAM:
THE COURSE AIMS AT CONDUCTING A COMPARATIVE ANALYSIS OF SOME KEY INSTITUTIONS OF PRIVATE LAW (CONTRACT LAW, TORT LAW), WITH SPECIAL FOCUS BOTH ON THE COMMON LAW/CIVIL LAW CONVERGENCE AND DISTINCTIONS AND ON THE PROCESS OF EUROPEANISATION OF PRIVATE LAW. IN PARTICULAR, THE FOLLOWING AREAS WILL BE EXAMINED:
INTRODUCTION TO PRIVATE COMPARATIVE LAW - CONTRACT LAW IN THE CIVIL LAW, ROMAN LAW, AND COMMON LAW TRADITIONS - PRINCIPLES OF TORT LAW AND RELEVANT CASE LAW IN SOME OF THE MAIN TRADITIONS OF CIVIL LAW (FRANCE, GERMANY, AND ITALY) AND COMMON LAW (UK AND USA)- THE EUROPEANISATION OF PRIVATE LAW IN THE AREAS OF CONTRACT AND TORT (WITH SPECIAL FOCUS ON CONSUMER LAW).

A DETAILED SYLLABUS WITH CALENDAR OF CLASSES, TOPICS AND ASSIGNED READINGS IS AVAILABLE (UNDER "PRIVATE COMPARATIVE LAW") AT:
HTTP://WWW.GIUR.UNIROMA3.IT/STUDYING_LAW/COURSES.PHP

PRIVATE COMPARATIVE LAW

FOR STUDENTS WHO ATTEND THE COURSE IN ENGLISH:
A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED.
For the Bibliography, please check the detailed syllabus at:

http://studylaw.uniroma3.it/private-comparative-law-2021_c10087.aspx

THE COURSE WILL FOCUS ON THE ANALYSIS OF THE STRUCTURE OF PRODUCTION OF SOURCES OF LAW IN DIFFERENT HISTORICAL PERIODS OF THE EVOLUTION OF ROMAN LAW, IN PARTICULAR WITH REGARDS TO THE ACTIVITIES OF JURISTS AND TO THEIR ARGUMENTATIVE TECHNIQUES IN THE FIELD OF MODES OF ACQUISITION OF OWNERSHIP 'PURE GENTIUM'. THE STUDY OF ROMAN JURISPRUDENCE AND OF ITS METHOD ASSUMES PARTICULAR IMPORTANCE IN THE ANALYSIS OF THE WESTERN LEGAL TRADITION AS THE PRODUCT OF JURISPRUDENCE INTERPRETATIO CONSTITUTES THE MOST SIGNIFICANT AND HISTORICALLY PART OF THE JUSTINIAN CORPUS JURIS CIVILIS, WHICH DEPARTS FROM THE EUROPEAN SCIENTIA IURIS .

THE COURSE CONSISTS OF TWO PARTS: A GENERAL PART (3 CFU) AND A SPECIFIC PART (4 CFU). IT IS NORMALLY REQUIRED TO ATTEND THE CLASSES.
THIS PART WILL FOCUS ON THE DIACHRONIC ANALYSIS OF THE SYSTEM OF SOURCES OF LAW, PARTICULARLY WITH REGARDS TO THE RELATIONSHIP BETWEEN JURISPRUDENCE AND OTHER SOURCES OF PRODUCTION RELATED TO THE DIFFERENT INSTITUTIONAL ARRANGEMENTS.
SPECIFIC PART (4 CFU)

THIS PART WILL BE DIRECTED TO INVESTIGATE THE MODES OF ACQUISITION OF PROPERTY 'PURE GENTIUM' IN THE RES COTTIDIANAE OF GAIUS AS WELL AS IN THE TITLE 'DE ADQUIRENDO RERUM DOMINO' OF THE DIGEST (D. 41,1), THROUGH THE EXEGESIS OF JURISPRUDENTIAL SOURCES, SPECIFICALLY SELECTED ACCORDING TO THE CASUISTIC FRAMEWORK OF THE COURSE, WHICH WILL BE DISTRIBUTED IN CLASS ACCOMPANIED BY THEIR TRANSLATION AND BIBLIOGRAPHIC INDICATIONS.

STUDENTS THAT CANNOT ATTEND THE CLASSES MUST PREPARE THEMSELVES FOR THE EXAM ON THE FOLLOWING TEXTS:
PARTE GENERALE
C.A. CANNATA, PER UNA STORIA DELLA SCIENZA GIURIDICA EUROPEA.I. DALLE ORIGINI ALL'OPERA DI LABEONE, TORINO, 1997.
PARTE SPECIALE:
P. VOCI, MODI DI ACQUISTO DELLA PROPRIETÀ (CORSO DI DIRITTO ROMANO), MILANO, 1952 (PRINT ON DEMAND BY CASA EDITRICE GIUFFRÈ, MILANO)
OR:
C.A. CANNATA, CORSO DI ISTITUZIONI DI DIRITTO ROMANO, I, TORINO, 2001, PP. 151 – 555

The course aims to offer a broad, multi-disciplinary view of law. The legal science is not an autonomous science. Law is a social phenomenon and as such should be studied. In the first parte of the course it will be analyzed the relation between the law and the society. The course will take an in-depth look at human rights, migration, labour market, state sovereignty, criminal justice and prison.

For students who do not attend the course

1) Sociologia del diritto di Giuseppe Campesi, Luigi Pannarale, Ivan Populizio, Le Monnier, 2017
2) Patrizio Gonnella, Marco Ruotolo (a cura di). Carceri e giustizia secondo papa Francesco, Jacabook, 2016

GIVE AN INTEGRATED TRAINING OF RELATIONS BETWEEN LAW AND ECONOMY WITH SPECIAL REFERENCE TO THE PROVISIONS OF PUBLIC ECONOMIC EVENTS:
1. LE REGOLE DELLO SCAMBIO ECONOMICO (LA GOVERNANCE SOCIETARIA, LA CONCORRENZA, L'ATTIVITÀ FINANZIARIA);
2. LE REGOLE PER L'EFFICIENZA ALLOCATIVA (IL MERCATO DEI BENI PUBBLICI: LE RETI E I SERVIZI; LE INFRASTRUTTURE);
3. LE REGOLE PER LE POLITICHE DISTRIBUTIVE (LA POLITICA FISCALE, LA POLITICA DI BILANCIO E LA POLITICA TRIBUTARIA).

CARDI E., MERCATI ED ISTITUZIONI IN ITALIA, GIAPPICHELLI, TORINO, IIIA EDIZIONE 2014

MAIN TOPICS: FUNCTIONALITY OF PARLIAMENT AND EVOLUTION OF ITS ROLE. THE
SOURCES OF PARLIAMENTARY LAW - THE LEGISLATIVE FUNCTION - THE KNOWLEDGE FUNCTION-
INSPECTIVE - THE POLITICAL ADDRESS FUNCTION

Decisions nn.
-1/2014 on the electoral system.
-422/1995, 49/2003 E 4/2010 on political representation.
-22/2012 E 32/2014.
-120/2014.
-262/2017.

Reference Texts

S. M. CICCONETTI, DIRITTO PARLAMENTARE, GIAPPICHELLI, 2019

and two essays to choose from


1) N. LUPO, IL PRECEDENTE NEL PARLAMENTARISMO MAGGIORITARIO (P. 1-22), IN N. LUPO (A CURA DI), IL PRECEDENTE PARLAMENTARE TRA DIRITTO E POLITICA, IL MULINO, 2013.

2) E. GIANFRANCESCO, I PRECEDENTI: DA INTERNA CORPORIS AD ATTI DEL DIRITTO PARLAMENTARE (P. 269-303), IN N. LUPO (A CURA DI), IL PRECEDENTE PARLAMENTARE TRA DIRITTO E POLITICA, IL MULINO, 2013.

3) M. MANETTI, I LIMITI DELLA POLITICA NEL DIRITTO PARLAMENTARE (P. 305-329), IN N. LUPO (A CURA DI), IL PRECEDENTE PARLAMENTARE TRA DIRITTO E POLITICA, IL MULINO, 2013.

The course will focus on the detailed and "monographic" analysis of individual institutions and topics already addressed during the course of labor law.
In particular, it will cover some issues that concern, on the one hand, the major themes of labor law, such as, for example, the issue of collective bargaining between freedom of choice of applicable law and minimum standards of treatment to be provided to the employees, or even the topic of the protection provided under labor law in response to the changes in the organization of business produced by new technologies and the global market, and the issue of waivers and transactions entered into by the workers and, on the other hand, the in-depth examination of individual controversial aspects of employment law such as fixed-term employment, procurement and secondment, collective dismissals or the possible devolution of employment disputes to arbitrators, and, furthermore, the most recent debate on citizenship income, minimum wage and work-life balance.

R. PESSI - G. PROIA - A. VALLEBONA, Approfondimenti di diritto del lavoro, Torino, Giappichelli, 2021

The course will focus on the study in a"monographic" manner of individual institutes and topics already studied during the course of labor law.
In particular, we will address some problems that touch, on the one hand, the major issues of labor law, such as, for example, the issue of collective bargaining between freedom of choice of the applicable discipline and minimum standards of treatment to be ensured for workers, or even the issue of the protection of labor law in front of changes in the business organization due to new technologies and the global market, and the issue of renunciations and transactions made by workers and, therefore, of the mandatory protection and unavailability of rights, on the other hand, the deepening of individual controversial institutions of the matter such as fixed-term work, contracts and secondments, collective dismissals or the possible devolution of labor disputes to arbitrators, and, on the other hand, the more recent debate on citizenship income, minimum wage and termination of life and work times.

R. PESSI - G. PROIA - A. VALLEBONA, Approfondimenti di diritto del lavoro, Torino, Giappichelli, 2021.

The course in Agricultural Law is aimed at allowing students to learn the fundamental notions of agricultural law understood as that complex of rules, both private and public law, which govern the subjects, assets, deeds and pertinent legal relationships agriculture. Particular attention will be paid to the system of sources and the subject of agriculture in the legislation of the European Union. The definition of agricultural enterprise will also be analyzed with a specific focus on the main agricultural activities and on those connected. The study of centripetal assets and other assets of the agricultural company (company, sign, brand, etc.) will be tackled without neglecting the analysis of the modes of apprehension of fundamental goods. A special look will also be given to the farm and its circulation. Finally, the delicate issue of consumer food safety, the principles governing the food and food market between domestic law, European Union law and international multilateral treaties will be addressed.

1) G. Spoto, Cibo, persona e diritti, Giappichelli 2021
2) Lezioni di Diritto agrario contemporaneo, a cura di G. Pisciotta Tosini, Giappichelli 2021 (fino a pagina 203)

The course will deal with the concept of 'sources of law', analyzed in regard to its role within the more comprehensive concept of law, and also in regard to its relations with the domain of legal interpretation. Moreover, the political implications of the various theories of sources of law will be explored.

Please refer to the page of the course on the e-learning website

https://elearning2.giur.uniroma3.it/enrol/index.php?id=844

The purpose of the course is to analyse the legal phenomenon through the economic lens and, more specifically, through the notions of neoclassical economics. The predictive ability, typical of the economic reasoning, allows one to determine which incentives are placed on individuals by different laws and, consequently, which effects should be reasonably expected from the adoption of a certain rule. The “Law and Economics” method aims at selecting efficient rules capable of maximizing the social welfare. The course reckons the most recent developments of “Law and Economics” and in particular addresses the “Behavioral Law and Economics” method, which supplements the rational choice theory with the insights of cognitive psychology.

A.W. Dnes, Principles of Law and Economics, III ed., Edward Elgar, Cheltenham, 2018.

A) History and development of the Italian Administrative Process. The normative evolution: from the Law of 1865 nr 2248 to the Code of Administrative Process (legislative decree of 2010 nr 104).
The role of the UE in the evolution of the Italian Administrative Process
B) Administrative Remedies
C) The judicial review
D) Other Administrative Judges (Corte dei conti and TRIBUNALE SUPERIORE DELLE ACQUE)
E) Alternative Dispute Resolution Remedies in the field of Administrative Law

• A. TRAVI Lezioni di giustizia amministrativa, Giappichelli ult. ed., 2021 with the following remarks:
cap IV only reading
cap VI only the first 3 paragraphs
cap VII only paragraphs 1 and 5

The metter is subject to continuous legislative and jurisprudential changes. It is therefore necessary to check the program update up to thirty days before the exam date. A good knowledge of the fundamental reference standard is required:
- Artt. 24, 100, 101, 102, 103, 111, 113 e 125 Cost., art. 47 Carta di Nizza, artt. 6 e 13 CEDU
- L. 20 marzo 1865 n. 2248 All. E
- C.p.a. (D.lgs num. 104 del 2010)
- C.p.c. (articles applicable to the administrative process)
- Directive 89/665

Bankruptcy Law

Syllabus:
FOCUS ON BUSINESS CRISIS AND LEGAL TOOLS PROVIDING FOR THE COMPOSITION OF CORPORATE CRISIS; MOREOVER THIS COURSE INTENDS TO PROVIDE STUDENTS WITH AN UNDERSTANDING OF THE FUNCTIONS AND THE CORE PRINCIPLES OF ITALIAN INSOLVENCY PROCEEDINGS IN THE LIGHT OF THE REFORM RECENTLY ADOPTED.

AA.VV., Diritto Fallimentare - Manuale breve, ed. III, Giuffrè, Milano, 2017.

The course aims to define the principle phases of the development of western contemporary legal systems. Particularly we will describe the political, economic and cultural basis of constitutionalism and codification from the Old Regime to the recent evolutions.

1) M. Caravale, "Magna Carta Libertatum", Bologna, Il Mulino, 2019;
2) N. Bobbio, Il positivismo giuridico, Torino, Giappichelli, 1996 (1st part - p. 126)
3) P. Alvazzi del Frate, Giustizia e garanzie giurisdizionali, Torino, Giappichelli, 2011

The course aims to initiate a critical interpretation of Roman political and legal history, in particular through the reading of ancient sources and the examination of modern historiographical interpretations.
The course is intended to be a synthetic exposition of the law-legal phenomenon relating to the historical-political reality of Rome, from the origins of the primitive civitas to the empire of Justinian
Topics covered:
1. Main characteristics of the periods of development of Roman public law (10 h.);
2. Constitutional right and administrative law in the various periods of Roman history (20 h.)
3. Criminal law (10 h.)
4. Sources of Roman law (10 h.)
5. Medieval, modern and contemporary publicistic juridical categories (6 h.)

L. FASCIONE, Manuale di diritto pubblico romano (2a ed.), Torino, 2013.

ACCOUNTING ENTREPRENEUR THE SCRIPTURES; THE FINANCIAL STATEMENTS AND THE CONSOLIDATED FINANCIAL STATEMENTS, THE FUNCTIONS OF AUDITS OF BODIES IN VARIOUS SYSTEMS OF CORPORATE GOVERNANCE

Readings and course materials shall be provided during the course.

DEFINITION OF INTERNATIONAL CRIMINAL LAW – RULE OF LAW AND RELATED PRINCIPLES – STRUCTURE OF INTERNATIONAL CRIMINAL RESPONSIBILITY – SINGLE CRIMES: GENOCIDE AND CRIMES AGAINST HUMANITY; WAR CRIMES; AGGRESSION – BASIC RULES OF THE INTERNATIONAL CRIMINAL COURT.

Strutture del diritto penale internazionale, Giappichelli, 2018

The aim of the course is to analyze the most recent developments of European administrative law. The topics will be examined in lectures and discussion of cases and materials. Students should read materials and be prepared to discuss them in class.

For attending students the exam will be based on cases and material found on the professor’s internet page and discussed during the lessons and, furthermore, on two chapters, that will be indicated during the year, in Stefano Battini, Edoardo Chiti, Mario Pilade Chiti, e al., Diritto amministrativo europeo, Milano, Giuffré, 2018.
Students not attending the course: TORCHIA L., Lezioni di diritto amministrativo progredito, Il Mulino, 2 ed., 2012 (chapter XI and XII only) and, in addition CHITI M.P. , Diritto amministrativo europeo, Milano, 2018, chapters II, VIII and X excluded.

THE ORIGINS OF THE CONSTITUTIONAL JUSTICE - ORGANIZATION AND FUNCTIONING OF THE CONSTITUTIONAL COURT - THE JUDGEMENT ON THE CONSTITUTIONALITY OF LAWS - THE CONSTITUTIONAL CONFLICTS – THE JUDGEMENT ON THE ADMISSIBILITY OF THE REFERENDUM - THE CONSTITUTIONAL CRIMINAL JUSTICE - THE CONSTITUTIONAL COURT IN THE BALANCE OF POWERS - THE CONSTITUTIONAL COURT AND THE COURTS OF EUROPE.

STUDENTS ATTENDING THE CLASSES

G. Zagrebelsky - V. Marcenò, Giustizia costituzionale, II. Oggetti, procedimenti, decisioni, Bologna, il Mulino, 2018, Chapters I, II, III and IV.

STUDENTS NOT ATTENDING THE CLASSES
G. Zagrebelsky - V. Marcenò, Giustizia costituzionale, I. Storia, principi, interpretazioni, Bologna, il Mulino, 2018, Chapters I e III.
G. Zagrebelsky - V. Marcenò, Giustizia costituzionale, II. Oggetti, procedimenti, decisioni, Bologna, il Mulino, 2018, Chapters I, II, III, IV, V, VI and VIII.

3 CFU
G. Zagrebelsky - V. Marcenò, Giustizia costituzionale, II. Oggetti, procedimenti, decisioni, Bologna, il Mulino, 2018, Chapters I, II, III and IV.

The course is divided into the analysis of the following topics:
FIRST PART: Historical introduction and basic concepts (Constitutional profiles of social rights to health and social assistance, History of Italian health system in a national and comparative perspective);
SECONDO PART: Health planning, social service planning and essential care levels (LEAs); the division of legislative and administrative competences and the links between State and local authorities; The organization of the National Health Service and Regional Health Service;
THIRD PART: Practical issues related to Health law (Patients’ rights in cross-border healthcare and inter-regional healthcare; the liability of the medical structures; competition law and health law; commerce of pharmaceutical products).

Students can choose between two textbook:
1) A. PIOGGIA Diritto sanitario e dei servizi sociali, Giappichelli, Torino, 2020
only the following chapters
CAPITOLO I
I DIRITTI SOCIALI ALLA SALUTE E ALL’ASSISTENZA
CAPITOLO II
LE FONTI DEL DIRITTO SANITARIO E DEI SERVIZI SOCIALI
CAPITOLO III
IL SISTEMA SANITARIO

2) C. BOTTARI, La tutela della salute: lavori in corso, Giappichelli, Torino, 2020
only the following chapters
CAPITOLO I
NASCITA ED EVOLUZIONE DELL’ORGANIZZAZIONE SANITARIA NAZIONALE E DEL DIRITTO ALLA TUTELA DELLA SALUTE
CAPITOLO II
L’ORGANIZZAZIONE DELL’ASSISTENZA
CAPITOLO III
IL FINANZIAMENTO
CAPITOLO IV
IL SISTEMA DI EROGAZIONE DELLE PRESTAZIONI SANITARIE
CAPITOLO X
IL CONSENSO NEL TRATTAMENTO TERAPEUTICO

Other documents available on the e-learning platform will be part of the course material.

The course’s analitic lineaments will pursue a diachronic recognition of the justice’s evolution during various centuries, according to a non linear ermeneutic path and its whole empirical-practical experiences.
In particular, the examination of the juridical system and the rituals that abide to the trial will take place in a non uniformal historical – juridical standard, which contemplate a compositive and extrajuridical resolution of conflicts, with afflictive penalties, and that will coexist until the beginning of the XIII century, with the birth of ordines iudiciarii and the strict formalization of the usual phases of the roman – canonical’s procedures.
It will be transformed in details by local laws, even though the trial’s general process will remain the same through centuries.
Next we will consider the newest changes and the firsts criminalistic science’s speculations which the Ancien Regime’s legal practice will refer to.
The course will also analize the new juridical system’s profiles, the usual normatives and the main istitutes that mark, in their gradual and progressive being, the second Modern Age until the last outcome deriving from the juridical enlightment, following an european path.

Referral texts for non-attending students

The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com


M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna

M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII

Il programma comprende inoltre lo studio dei capitoli delle seguenti monografie:

M.VALLERANI, La giustizia pubblica medievale, Bologna, 2005(capp. I e II)

M.ASCHERI, Tribunali, giuristi e istituzioni, Bologna, 1989 (capp. I-II-III)


Referral texts for attending students:

For attending students the final exam will focus on the lecture notes indicated below. Alternatively students can write and discuss an essay about one of the topics covered during the course. The essay must be arranged with the professor.

The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com

M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna

M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII

Proposed themes for the University course: 1. Children’s rights in international declarations and in the European Union – 2. The protection of the child between administration and jurisdiction – 3. The protection of the child: the division of powers between central and local authorities – 4. The administrative supervision of the child: (in Italy) basic social services, host communities and family counseling centers. – 5. Minor and process – 6. Minor and the right to be heard – 7. Minor and protection of risk conditions – 8. The protection of children with disabilities – 9. The protection of detained mothers’ children.– 10. The protection of children nomads – 11. The protection of foreign children – 12. Minor and humanitarian protection – 13. Unaccompanied minors – 14. Children and denial of refugee status – 15. Minor and residence permit amendments– 16. Children’s right to a family status: the right to grow up in their own family – 17. Children’s family relationships– 18. Parents liability– 19. The custody of children with family difficulties – 20. The right to a substitute family (adoption) – 21. Children’s right to build a family – 22. Children’s rights in the society (citizenship rights) – 23. Minors victims of (family) violence – 24. Children’s right right to health – 25-Children’s right to education – 26. Bullying and Cyberbullying – 27. Privacy and children.

ETTORE BATTELLI, Diritto privato delle persone minori di età, Giappichelli, Torino, 2021

The Professor will supply all the required materials (mainly slides and notes) available on the e-learning platform.

The course is divided in two parts. The first part covers the history of the social security matter and provides a brief review of the political, sociological and economic theories, analyzing the origin and the development of the Italian welfare system.
The course focuses on the principal characters of the welfare system in its transformations within the last twenty years.
The second part of the course aims at rebuilding the legal system of the Italian welfare system with particular emphasis on the development and reforms of the Italian pension system. The second part of the course also focuses on the link between public and private welfare under Italian law, with particular regard to the development of the complementary allowances (so-called “previdenza complementare”).

*****

Student who followed the course on social security economy shall replace the first part of the course with an essay on a particular topic chosen in agreement with Professor.

Students coming from degree courses in economics may have to integrate the basic program with further material to reach the 9CFU.

- B. DOUGLAS BERNHEIM, MICHAEL D. WHINSTON, MICROECONOMIA, SECONDA EDIZIONE, MILANO, MCGRAW HILL, 2013 (ONLY SECTIONS 9,10 AND 20);
- NICHOLAS BARR, ECONOMICS OF THE WELFARE STATE, OXFORD, OXFORD UNIVERSITY PRESS, 2012 (ONLY SECTIONS 3,4 AND 7);
- PAOLO BOSI (A CURA DI), CORSO DI SCIENZA DELLE FINANZE, SESTA EDIZIONE, BOLOGNA, IL MULINO, 2012 (ONLY SECTIONS 1 AND 8).

- ROBERTO PESSI, LEZIONI DI DIRITTO DELLA PREVIDENZA SOCIALE, PADOVA, CEDAM, 2016 (ONLY SECTIONS 1, 7, 8, 9, 12 AND 13).

The course proposes to investigate the historical dimension of administrative law from the Late Middle Ages, when the jurists put forward the first conceptualisations of forms of ecclesiastical and secular administratio. Through the analysis of historical sources, students follow an historical and legal path through which the administratio progressively separates itself from the medieval iurisdictio and the administrative power obtains legal and scientific autonomy from judicial power, up to the birth of administrative law in the modern Ages.

The textbook recommended to all students (whether attending or not) is the following:
L. Mannori – B. Sordi, Storia del diritto amministrativo, Laterza.

During the Academic Year 2019/2020 lessons have been entirely online. The course started on March 16th, during the strict lockdown: we did not have a single live lesson, not even one.
The lessons and class activities were not, however, subject of a deep rethinking, only the SSPLC program had a much smaller operational field (just payment systems).
We verified the raise of cyber attacks, surely related to the COVID-19 pandemic: given the billions of people globally that have been forced to stay at home, many transactions have shifted online. With employees largely working from home, attackers saw multiple areas of vulnerability: telecommunications, e-commerce and financial services industries have been increasingly impacted by COVID-19 online fraud, all have large digital adoption, financial information and payments at the center of their online experience, and fared relatively well compared to other industries during the pandemic.
Our objectives have been to understand deeply the scam mechanisms, collect technical information on how the frauds work. In terms of legal activity, our work was exclusively focused on giving legal advices, given the impossibility of in presential meeting with clients.

Specific aims of the SSPLC is to combine both the clinical approach and the ADR promotion.
In Italy, in fact, we have the Banking and Financial Ombudsman (Arbitro Bancario Finanziario, ABF), an out-of-court settlement scheme for disputes between customers and banks and other financial intermediaries, established in 2009 by the Bank of Italy to introduce an alternative mechanism that is faster and less expensive than civil litigation.

The theorical lessons (especially those at the beginning of the Course) are in fact integrated with the practical point of view, with the copresence in each lesson of the clinic counselor. So students work both under the academic teacher’s supervision, and the lawyer co-supervision.

Cases are assigned to team, variably of three/four students.
At the beginning of the course, individual work is preferred, since the team work requires an extra effort for the student. Accomplish a good team work skills in group assignments is considered one of the goals of the SSPLC.
A) Analysis of the case: especially, comprehension of the facts
First step is to verify that the clinic is competent Ratione materiae (consumer law); the parties involved fall under the definition of “consumer” and “trader”: Art. 2, par. 1, n. 1, Dir. 2011/83: «any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession» « any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive».
Then the second step is to really understand the facts: preparing legal strategies requires having, absorbing and comprehending large amounts of information (this involves ability to listen, ability to ask questions). Facts matter (standard burden of proof applies).

B) Methodology
Cases are analyzed according to a method which is determined by the clinical staff and the lawyer collaborating with the clinic.
Most of the time the first follow-up of the case is a request of advice by a national consumer association. The case is presented to the class by the clinical teacher and the lawyer.
Clinicians have first to check the legal basis. Then they determine whether the case has any merit and, if so, whether there are any viable defenses.
1) IDENTIFY THE PROBLEM (Theory):
A) FACTS:
i. Identify key information (which will set the context for the problem) and unclear terms and concepts (ensure that everyone understands the technical terms used; ensure that everyone has a similar understanding of the situation described in the problem: people have different modes of thinking about facts).
ii. Define the problem: investigate and organize facts.
iii. Analyze the problem (even with a critical point of view): «what really happened?»

B) LEGAL ANALYSIS:
i. Identify and qualify the legal issue: the client provides the clinicians with facts, not a list of legal theories
ii. Identify the applicable norms: the current legal framework in the consumers’ and small savers’ area is fragmented identify rules set by primary and sub-primary source; taking into account also rules other than consumer law (e.g.: banking law, EBA Opinions ecc.)
iii. Share the results with the rest of the clinicians. Cite the resources used. Discuss if there is a case.

2) POSSIBLE SOLUTIONS (Action: if there is a case)
i. Check the available evidence to support the client’s position (standard burden of proof applies).
ii. Try to settle (again: facts matter; better facts make for better settlements)
iii. Draft the claim (in groups): with participatory approaches and ICT-based methodologies
iv. Review of the claim by the lawyer

C) Drafting of the claim
Students will: (i) learn to use legal databases, which they were not previously familiar with (two lessons are entirely dedicated to teach students how to conduct a computer-assisted legal research); (ii) prepare written advice (iii) work in the class only with laptops (theirs or the ones provided by the Faculty), as they will learn to share document in clouds, use just one draft shared by the all class, mark it up and make it circulate by email;
-the entire ABF/ACF procedure is online, so that students will face with online dispute resolution (ODR).

Students will receive the relevant materials during class.

The Course is divided into five sections:
I. General overview of the most important systems of administrative law around the
world.
II. The role of government, public powers and human rights.
III. Delegation, expertise and contracting out.
IV. The regulation of administrative action. Cost-benefit analysis, administrative
procedures and transparency.
V. Judicial review and administrative litigation.

Required reading for the class discussion

Napolitano, Giulio, “Comparative Administrative Law. Cases and Problems.”
(2019).

Suggested preliminary readings

Bignami, Francesca. "Comparative Administrative Law." The Cambridge
Companion to Comparative Law (2012): 145-170.
Boughey, Janina. "Administrative Law: The Next Frontier for Comparative Law."
International and Comparative Law Quarterly 62.01 (2013): 55-95.
Napolitano, Giulio, “The Transformations of Comparative Administrative Law.”
Rivista trimestrale di diritto pubblico (2017): 997-1003

The preliminary and the required readings will be available on the platform
Elearning.

Origins of fundamental rights and freedoms - The constitutional framework of fundamental rights - The interpretations of art. 2 of the Italian Constitution - The principle of equality - Fundamental rights in the Italian Constitution: normative provisions and judicial application - The supranational protection of fundamental rights

Students attending the classes
P. CARETTI - G. TARLI BARBIERI, I diritti fondamentali. Libertà e diritti sociali, Giappichelli, Torino, V ed., 2022, except the chapters 2, 13 (13.7 and 13.8 included), 14, and these paragraphs: 7.8, 7.9, 7.9.1, 7.11, 7.11.1, 7.12; 10.19, 10.20, 10.21, 10.22, 12.7, 12.11, 12.12, 12.14.

Students not attending the classes
P. CARETTI - G. TARLI BARBIERI, I diritti fondamentali. Libertà e diritti sociali, Giappichelli, Torino, V ed., 2022, except the chapter 2 and these paragraphs: 7.8, 7.9, 7.9.1, 7.11, 7.11.1, 7.12; 10.19, 10.20, 10.21, 10.22, 12.7, 12.11, 12.12, 12.14.

The Course will be scheduled according to the following scheme:
1. The rules on personal data protection: lectures on fundamental rights, in the national and European constitutional framework, with particular attention to the evolution of the right to privacy and personal data protection. The lecturer will guide students in reading and examining the main provisions of EU Regulation 2016/679 and the main case law, with reference to the Constitutional Court, the Court of Justice of the European Union and the European Court of Human Rights.
In particular, there will be specific focuses on the following topics: purpose and scope; dynamic notion of personal data and the right to informational self-determination; definitions of Art. 4 GDPR; general principles of processing; principle of accountability; principle of privacy by design and privacy by default; subjects of processing; procedures for cooperation between supervisory authorities and consistency mechanism; one-stop shop; transfer of personal data to third countries; obligations of the data controller and data processor; register of processing activities; privacy impact assessment (DPIA) and prior consultation; risk analysis and security policy; data breach management.
2. Specific themes: analysis of specific topics, having regard to the main European and national case law and to the decisional and consultative practice of the Garante per la protezione dei dati personali in the following fields
- Privacy and social networks: relationship between ToS and privacy notice. The legal bases of processing and the choice between consent, contract and legitimate interest. Profiling, automated processing. Online advertising and personal data monetization. Convergence between privacy/antitrust and consumer protection: towards the protection of the digital citizen. Child protection on online platforms.
Cases and issues: Tik Tok, Facebook, WhatsApp, Telegram, Clubhouse, etc. Cyberbullying, sexting and revenge porn.
- Information and right to be forgotten: The processing of personal data in journalism: balancing the right to privacy and freedom of thought. Treviso Charter and ethical rules. Online information and the activity of the Garante. Right to be forgotten: protection of personal identity in relation with the right to memory, updating of information. The Google Spain ruling of the Court of Justice. Freedom of expression and social networks.
- Privacy, marketing and electronic communications: Online data collection through websites and data protection. Legal obligations for providers of electronic communication services: security and data retention. Privacy and unsolicited communications: spam, telemarketing and silent calls. Information requirements and legal basis for promotional activities carried out through automated and non-automated systems. Profiling and marketing. Big data and artificial intelligence. Cookies and other tracking tools. The construction of digital identity.
- Privacy and transparency: The path of anti-corruption and transparency in Italy: from l. 241/1990 to legislative decree 97/2016. The problematic relationship between transparency of administrative action and personal data protection: the processing of personal data by public entities. Documentary access, "simple" civic access and "generalised" civic access in the current regulatory framework. Limits deriving from personal data protection requirements. The rules on publication obligations. The necessary balance between privacy and transparency. Article 22 GDPR (automated decision-making process concerning natural persons). Administrative case law on algorithmic decisions and references to personal data protection.
- Privacy and labor: the regulation of personal data protection in the workplace in the light of the supranational and national regulatory framework. The legal bases of the processing of workers' data. The processing of workers' data for the purpose of managing the employment relationship. Use of technological systems within the employment relationship and remote control of workers' activities (video surveillance, geolocation, e-mail, internet and social networks). New technologies and methods of attendance recording (biometrics).
- Privacy and security: the risk-based approach and security policy. Identification of appropriate security measures. Privacy by design and by default. Anonymisation and pseudonymisation of personal data; The management of personal data breaches. Notification of data breaches to the Garante and communication to data subjects.
3. Practical cases: resolution of practical cases concerning data protection issues.

C. COLAPIETRO, Il diritto alla protezione dei dati personali in un sistema delle fonti multilivello. Il Regolamento UE 2016/679 parametro di legittimità della complessiva normativa italiana sulla privacy, Napoli, Editoriale Scientifica, 2018.

G. SCORZA, Processi al futuro. Quando la tecnologia ha incrociato il diritto, Milano, Egea, 2020.

The course program concerns the relationship between conflicting values and fundamental principles. After an introductory section, aimed at presenting the fundamental terms of bioethics and biolaw, some of the most relevant and discussed topics of the subject will be examined, through a constant reference to case law:
I. Dignity and autonomy between bioethics and the market (surrogacy, prostitution)
II. Dignity and self-determination (end-of-life choices and informed consent)
III. Conscientious objection

Introductory section:
- P. Borsellino, Bioetica tra “morali” e diritto, Raffaello Cortina, Milano, 2018, cap. 1 (La bioetica. Problemi, sviluppi, prospettive), con esclusione del par. 9: pp. 21-57; M. Reichlin, Fondamenti di bioetica, Il Mulino, Bologna, 2021, cap. 2 (Tipi di etiche normative: pp. 29-47).

Thematic sections:
I
- L. Ferrajoli, Dignità e libertà, in Dignità e autonomia tra bioetica e mercato, a cura di F. Mastromartino, G. Pino, in “Rivista di filosofia del diritto”, 1, 2019, pp. 23-32; O. Giolo, Il giusfemminismo e le sfide del neoliberismo. A proposito di soggetti, libertà e diritti, in Teorie critiche del diritto, a cura di M.G. Bernardini, O. Giolo, Pacini, Firenze, 2017, pp. 207-230; F. Poggi, Dignità e autonomia: disaccordi semantici e conflitti di valore in Dignità e autonomia tra bioetica e mercato, a cura di F. Mastromartino, G. Pino, in “Rivista di filosofia del diritto”, 1, 2019, pp. 33-50; Sandel, Quello che i soldi non possono comprare. I limiti morali del mercato, Feltrinelli, Milano, 2012, Introduzione (Mercati e morale) e cap. 3 (Come i mercati allontanano la morale), rispettivamente pp. 11-22 e pp. 95-130

II
- L. d’Avack, Il dominio delle biotecnologie, cap. II (Scelte di fine vita e consenso informato), Giappichelli, Torino, 2018: pp. 69-159 (ma tenendo presente Riferimenti normativi e carte internazionali)

III
- F. Mastromartino, Esiste un diritto generale all’obiezione di coscienza?, in “Diritto e questioni pubbliche”, 1, 2018, pp. 159-181.

Introduction to comparative legal systems
Course description:
The course cuts across traditional – and by now outdated – divisions between public law and private law, between substantive law and procedural law, and between the so-called civil law/common law divide. The course is focused on the Western Legal Tradition and explains the pitfalls of comparisons with non-Western systems.
The course is divided in eight modules with the following content
I MODULE: DEMOCRATIC SYSTEMS
US presidentialism. - British parliamentarism. - Semi-presidential models. - EU concentration of powers. – Electoral systems.

II MODULE: VALUES
Constitutionalism. - Bill of rights, fundamental rights, human rights. - Constitutional adjudication. - Rule of law. - Universalism vs Relativism. - The religious factor

III MODULE: GOVERNMENT
The structure of Government. - Administration. - “Independent Agencies”. - Public participation in administrative procedures. - Judicial control over Government

IV MODULE: THE ECONOMIC DIMENSION
Private autonomy. - Legal entities. – Insolvency. – Regulation. - State aid

V MODULE: THE “WELFARE STATE”
Taxation. - Social services. - Labour relations and legislation

VI MODULE: REPRESSION OF CRIMES
Substantive law vs. Procedural law. - What is a crime? - Who establishes crimes? – Sanctions. - Investigation, prosecution, trial. - Offenders and victims

VII MODULE: JUDGES AND JURISDICTION
Status of judges. - Judicial organization. - Rules of procedure. - Judicial power. - Legal education. - Judges and/as literature

VIII MODULE: MODELS FOR A GLOBALIZED WORLD
International conventions. - Uniform laws. - Lex Mercatoria. - International institutions. – Comparative international law.

Course Learning Activities

V. ZENO-ZENCOVICH, Comparative legal systems. A short and illustrated introduction, Second edition, Roma TrE-Press, 2019 (volume in open access downloadable form the Roma TrE-Press website http://romatrepress.uniroma3.it/repository/3/pdf/411cd19a-ecff-457b-a14a-815988f7ada5.pdf)

The course "Law and Gender", in English language, aims to investigate the relevance of the gender concept in the legal debate, focusing on the philosophy and criminal law.

Syllabus:
Making trouble: a difficult definition of gender
Histories and theories of feminism
The gender of modernity
Making rights from below: the CEDAW
Criminal Law and Gender: general framework
Gender violence: the crime of stalking 
Gender, anti-discrimination law and human rights
Culturally motivated crimes
Gender, migrations and human rights
Gender and social reproduction Theory 
Sexual orientation and politics
Gender violence: the crime of sexual violence
Pornography and law

Learning material is indicated during the lessons

The following topics will progressively be covered during the course:

1) Introduction to International Human rights Law (IHRL). Historical Overview of the Development of IHRL.
2) Human Rights as Part of International Law. The Sources of International Human Rights Law:
- human rights as customary international law; human rights as general principles of international law; human rights and jus cogens; human rights and international soft law.
- human rights as treaty law. Limitations, derogations and reservations to human rights treaty obligations: generalities. The interpretation of human rights treaties.
3) An overview of the substantive content of human rights in international law. ‘Generations’ of human rights and the distinction between civil/political rights and economic/social rights. Human rights as indivisible, interdependent, interrelated and mutually reinforcing rights.
4) Nature and typologies of State obligations under human rights treaties. The tri-partite typology of ‘respect, protect and fulfil’. Immediately prescriptive obligations and obligations of progressive realization.
5) International oversight and protection of human rights: universal and regional systems and bodies.
6) The UN system: the two International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights; the UN treaty bodies and individual communications.
7) The UN Human Rights Council, the Universal Periodic Review, and other UN mechanisms.
8) The European system: the Council of Europe; the European Convention of Human Rights and the Strasbourg Court; the European Social Charter and the European Committee of Social Rights.
9) The European mechanisms for the protection of human rights. Lodging an application with the European Court of Human Rights. The collective complaints procedure provided for by the European Social Charter.
10) Human rights and international criminal responsibility of individuals: the role of international criminal courts and tribunals in prosecuting crimes against human rights.
11) Human rights and State responsibility for internationally wrongful acts: content and implementation of the responsibility of the State for the violation of human rights obligations under general international law. Use of force and protection of human rights. The “responsibility to protect” doctrine.
12) Use of force and protection of human rights. The “responsibility to protect” doctrine. Humanitarian intervention. The protection of human rights in armed conflicts and the rules of international humanitarian law.

The program also includes insights on:
The rights of the child;
The rights of persons with disabilities;
Fundamental rights under EU law;
The European Pillar of Social Rights.

Recommended textbooks:

D. Shelton, Advanced Introduction To International Human Rights Law. 2nd edition. Cheltenham - UK: E. Elgar, 2020.
G. Palmisano, Collective Complaints As a Means for Protecting Social Rights in Europe. Anthem Press, London/New York/Melbourne/Delhi, 2022.

Further readings (including selected articles and excerpts from relevant literature) will be suggested during the course.

The course aims at introducing students to the European regulation of the financial sector. The first part of the course intends to provide students with an understanding of the functions of the financial system and institutions through which these functions are performed; an understanding of the core principles and objectives which govern financial regulation; an understanding of the regulatory goals such as the safety and soundness of financial institutions, the investor protection, and the promotion of financial stability.

The second part will deepen the regulatory strategies for achieving these goals and the policy debates in Europe that surround them; this part will focus on the evolution of the harmonisation process of laws in the financial sector and on the institutional architecture in Europe. Particular attention is paid to the rulings of the European Court of Justice which established important principles in defining the institutional architecture of European authorities and protecting investors' rights.

John Armour, Dan Awrey, Paul Davies, Luca Enriques, Jeffrey N. Gordon, Colin Mayer, and Jennifer Payne, Principles of Financial Regulation, First edition – Oxford University Press – 2016.

The course aims to analize the evolution of “Mafia organized crime” both from the point of view of historical evolution and from the point of view of crime fighting legislation.
Particular attention will also be given to the problem of mafia-political relations, through the study of the changes recently made to the case of political-mafia electoral exchange (art. 416 ter c.p.p.), and to the study of prevention measures, as regulated in the c.d. Anti-Mafia Code.

1)Insolera- Guerrini
Diritto penale e criminalità organizzata, Giappichelli, 2019.
2) Enzo Ciconte
Mafie del mio stivale

The course is a legal clinic in the field of international human rights law. It works on projects that, in the said field, have a clear social justice aim. In this academic year, the clinic has been entrusted with two projects. First, pursuant to an agreement with the UNHCR, the clinic will work on the Project “Statelessness Legal Clinics: Strenghtening Legal Education and Practice on Statelessness”. The Project aims at strategically litigate cases before the Tribunal of Rome in cooperation with the UNHCR and the legal clinics of the Universities of Napoli Federico II and Turin IUC. Second, the clinic will participate in a strategic litigation before the European Court of Human Rights, on the issue of deprivation of liberty, in cooperation with ASGI.

Against this background, the program is composed of two phases.

In the first phase, students get acquainted with the competences necessary to work on the projects. Accordingly, lectures will concern: (i) general issues: legal framework (rules, practice and institutions); methodology of research in international law; drafting skills; (ii) issues specific to the two projects, entrusted to guest lecturers.

In the second phase, the class works as a laboratory, during which drafts prepared by students are discussed on a weekly basis.

Reference textbook is: Riccardo Pisillo Mazzeschi, International Human Rights Law: Theory and Practice (Routledge/Giappichelli, 2021). The volume can be acquired at a discounted price. Please follow the guidelines of the Professor on this matter.

- PART I: CONTRACTS FOR THE PRODUCTION AND SUPPLY OF GOODS AND SERVICES
- PART II: DISTRIBUTION CONTRACTS
- PART III: CONTRACTS FOR THE TRANSFER OF GOODS
- PART IV: CONTRACTS FOR THE SALE AND PURCHASE OF COMPANY INTERESTS
- PART V: CONCLUSIVE REMARKS

Most lectures will be supported by slides, which will be uploaded, post-class, on the e-learning platform accessible to enrolled students. To integrate and support such materials (including class notes), students are recommented to study the following textbooks, limited to the chapters indicated below:
 "I contratti per l’impresa" (G. Gitti, M. Maugeri and M. Notari eds.), vol. I, "Produzione, circolazione, gestione, garanzia", Il Mulino, Bologna, 2012 (ch. X, XII, XV, XXIII, XXV, XXVI, XXVII);
 G. DE NOVA, "Il Sale and Purchase Agreement. Un contratto commentato", Giappichelli, Torino, 2019 (ch. I, II, IV, V, VI).
Furthermore, in preparation for each class, domestic and foreign court cases and other materials will be uploaded on the e-learning platform. To facilitate the in-class discussion, students should read the assigned case ahead of each class, as will be communicated from time to time.
Non-attending students may supplement the study of the above materials by reading the chapters dedicated to commercial contracts in an Italian business law handbook, such as, e.g.: G. CAMPOBASSO, "Diritto commerciale", vol. 3, Utet, Torino, last available edition; "Contratti d’impresa e operazioni bancarie" (excerpt from "Manuale di diritto commerciale" edited by V. Buonocore), Giappichelli, Torino, last available edition; G. FERRI, "Manuale di diritto commerciale", Utet, Torino, last available edition.

The course aims to illustrate the history, methods and problems of the comparative constitutionalism and to introduce the main constitutional systems and traditions of the world. Special attention will be put on currently debated constitutional issues, from the perspective of the solutions implemented within different legal systems; at the same time, in a historical perspective, the course will highlight the intersections between law, culture and society in the development of those solutions. Finally, it will reflect on the prospects opened up by the processes of the harmonization of constitutional traditions.

This course includes a general part where the fundamental concepts and areas of Comparative constitutional law are introduced. It will then focus on selected topics consistent with the degree programme. For this, experts will be invited to hold lectures. Finally, the course foresses in-class discussion and other classroom activities that will allow analyzing concretely the problems discussed through the greatest involvement of students.

Students can choose between the two following options (A/B):
Programma A
P. Carrozza – A. Di Giovine – G.F. Ferrari, Diritto costituzionale comparato, Tomo II, Roma-Bari, Laterza, 2014
Excerpts: La comparazione giuridica. Profili introduttivi, pp. 1-19 - Il diritto pubblico comparato nell’età della globalizzazione: problemi interordinamentali, pp. 23-24 - Costituzioni e costituzionalismo, pp. 37-146 - Le forme di stato, pp. 149-196 - L’Unione europea, pp. 201-223 - La distribuzione territoriale dei poteri, pp. 225-247 - La classificazione delle forme di governo, pp. 249-309 - L’organizzazione costituzionale, pp. 313-424 - La giustizia costituzionale, pp. 427-475
M. Volpi, Libertà e autorità. La classificazione delle forme di Stato e delle forme di governo, Settima edizione, Torino, Giappichelli, 2018.

Programma B
G. Morbidelli - M. Volpi – G. Cerrina Ferroni, Diritto costituzionale comparato, Torino, Giappichelli, 2020 [sostituisce G. Morbidelli - L. Pegoraro - A. Rinella - M. Volpi, Diritto pubblico comparato, Torino, Giappichelli, 2016]
Entire volume


Knowledge of the constitutions of the relevent countries is essential.

Non-attending students should read also the following book:
S. Cassese, Lo Stato fascista, Bologna, Il Mulino, 2016

STUDENTS WHO WANT TO TAKE THE EXAM IN ENGLISH WILL HAVE A DIFFERENT SYLLABUS TO BE AGREED WITH THE TEACHER
TUTTI I TESTI SONO REPERIBILI PRESSO LA BIBLIOTECA DEL DIPARTIMENTO IN FORMATO CARTACEO E/O ELETTRONICO

CORSO DI “DERECHO IBERO-AMERICANO”
(Corso esame opzionale, 7 crediti + 4 crediti lingua giuridica)

EL CONTENIDO DEL CURSO SE BASA EN EL ESTUDIO Y ANALISIS GENERAL DE LAS ESTRUCTURAS DEL SISTEMA JURIDICO DE LA PENINSULA IBERICA Y DE LOS DISTINTOS PAISES LATINOAMERICANOS QUE HAN ADOPTADO SU ORDENAMIENTO LUEGO DEL PROCESO DE COLONIZACION.

SON ESTOS PAISES UNA COMUNIDAD DE NACIONES VINCULADAS POR UNA TRADICION HISTORICA – DE CONTENIDO RELIGIOSO, CULTURAL Y JURIDICO - QUE LAS HERMANA EN UNA MISMA CONCEPCION DE LA VIDA NACIONAL Y ENTRE LOS MIEMBROS DE LA COMUNIDAD INTERNACIONAL.

EN LAS "INDIAS", EN EFECTO, RIGIERON DESDE UN PRIMER MOMENTO LAS LEYES DE CASTILLA. Y ESTA TRADICION JURIDICA DE LA PENINSULA LLEGO A SER TAN FIRME EN EL NUEVO MUNDO QUE, INCLUSO DESPUES DE LA INDEPENDENCIA DE LOS DIVERSOS PAISES, SIGUIERON VIGENTES.
EN EL PRESENTE CURSO SE TRATARAN TEMAS DE INTERES PUNTUAL SOBRE DERECHO PENAL, DERECHO CIVIL Y Laboral Español , DERECHO DE
LAS COMUNIDADES INDIGENAS EXISTENTES EN EL CONTINENTE LATINOAMERICANO E INSTITUCIONES DE DERECHO INTERNACIONAL ATINENTES A LA MENCIONADA AREA GEOGRAFICA, COMO LA ORGANIZACION DE LOS ESTADOS AMERICANOS (OEA) , LA CORTE INTERAMERICANA DE DERECHOS HUMANOS Y ORGANISMOS DE INTEGRACION REGIONAL COMO EL MERCOSUR.
PROFESORES INVITADOS DE LA PENINSULA IBERICA E HISPANOAMERICA DESARROLLARAN TOPICOS ESPECIFICOS RELACIONADOS CON LA MATERIA EN ESTUDIO.

ESTE CURSO PERTENECE AL NIVEL DE "ESPECIALIZACION".
AQUELLOS ESTUDIANTES QUE DESEEN PARTICIPAR DEL MISMO DEBERAN ACREDITAR APTITUD EN LENGUA CASTELLANA A TRAVES UNA PRUEBA DE ADMISION. EL NIVEL B1 EN CUALQUIER OTRA LENGUA EXTRANJERA ES NECESARIO.
PLEASE NOTE THAT IT IS COMPULSORY TO BE PRESENT DAILY AT THE COURSE.

EN EL PRESENTE CURSO SE TRATARAN TEMAS DE INTERES PUNTUAL SOBRE DERECHO PENAL, DERECHO CIVIL Y Laboral Español , DERECHO DE
LAS COMUNIDADES INDIGENAS EXISTENTES EN EL CONTINENTE LATINOAMERICANO E INSTITUCIONES DE DERECHO INTERNACIONAL ATINENTES A LA MENCIONADA AREA GEOGRAFICA, COMO LA ORGANIZACION DE LOS ESTADOS AMERICANOS (OEA) , LA CORTE INTERAMERICANA DE DERECHOS HUMANOS Y ORGANISMOS DE INTEGRACION REGIONAL COMO EL MERCOSUR.
PROFESORES INVITADOS DE LA PENINSULA IBERICA E HISPANOAMERICA DESARROLLARAN TOPICOS ESPECIFICOS RELACIONADOS CON LA MATERIA EN ESTUDIO.

The legal sources of the criminal procedural regulations for entities - The substantive prerequisites for the criminal liability of companies - Constitutional and supranational framework of the matter and interpretative problems of compatibility between the procedural guarantees granted to the accused individual and the position of the entity on trial - The representation and defence of the entity in the 231 trial - Virtuous organisational models and protocols of behaviour - Autonomy and interference between proceedings against the company and proceedings against the individual - Corporate liability and civil law claims - Preliminary investigations - Application of precautionary disqualification and real measures - Preliminary hearing and alternative rites - The trial phase - The system of evidence and investigation of offences dependent on crime - The system of appeals - Enforcement phase.

The Reference Volume is:
M. Ceresa-Gastaldo, Procedura penale delle società, Giappichelli, Turin, 2021.

For the students attending the classes, the preparation of the exam will be done on the basis of the notes taken during the lessons.

Course description: The course will offer an overview of international arbitration as a preferred method in international trade for solving disputes in commercial and investment matters. The course will describe the reasons for choosing between national courts and ADR, the choice between ad hoc arbitration and institutional arbitration, the drafting of the arbitration clause, including the choice of an international institution. The course will describe the major steps of the arbitration proceeding, from the appointment of arbitrators to procedural aspects (exchange of submissions, hearings, examination of witnesses and experts) until the award is rendered. The course will also deal with recognition and execution of the award both for commercial and investment arbitration. During the last week of the course, a moot arbitration court will be organized, and the students will participate in the roles of counsel for the respective disputing parties.

Gary B. Born: International Arbitration: Law and Practice, 2 nd Ed., Kluwer 2016 (library free
consultation or available e-book)

Judicial protection in tax matters. The historical evolution of tax justice in Italy. The tax court. Tax jurisdiction. The subjects of the tax process. Timing and forms of the process. The tax dispute. The judgment before the Provincial Tax Commission. Proof in the tax process. Judicial precautionary measures. Judicial conciliation. The anomalous events of the trial. The case and the judgment. Appeals. The appeal. The appeal on a point of law. The revocation. The tax judgment. The enforcement of judgments. Judicial protection in the field of customs and excise duties. Judicial protection in land registry rules. Judicial protection in the field of tax penalties. Judicial protection in forced tax execution. Supranational tax judicial protection.

G. Tinelli, Diritto processuale tributario, Cedam, 2021

1 Le procedure concorsuali
1.1 Profili generali
1.2 Le crisi da sovraindebitamento
1.2.1 La proposta di accordo del debitore e il concordato minore
1.2.2 Il piano del consumatore
1.2.3 La liquidazione del patrimonio del debitore e la liquidazione controllata
1.3 Gli accordi di ristrutturazione dei debiti
1.4 Il concordato preventivo
1.5 Il fallimento e la liquidazione giudiziale
1.6 La liquidazione coatta amministrativa
1.6.1 La liquidazione coatta amministrativa ordinaria
1.6.2 La liquidazione coatta amministrativa delle banche
1.6.3 La liquidazione coatta amministrativa delle assicurazioni
1.7 L’amministrazione straordinaria delle grandi imprese in crisi
1.8 Cenni sul dissesto degli enti locali
2 I procedimenti per l’accesso alle procedure concorsuali
2.1 Il giudizio di ammissibilità per l’accesso alle procedure concorsuali volontarie
2.2 Il giudizio di omologazione nelle procedure concorsuali volontarie
2.3 La dichiarazione di fallimento, l’apertura della liquidazione giudiziale e la dichiarazione dello stato di insolvenza
3 L’accertamento del passivo.
3.1 La verifica dei crediti
3.2 Le azioni di rivendica e di restituzione.
4 Le azioni di responsabilità nei confronti degli organi di gestione e di controllo delle società
5 La liquidazione dell’attivo
* * *
Il corso si svolgerà in base alla discussione di casi giurisprudenziali su ciascuno degli argomenti indicati nel programma.

N.B.: Nel sito e-learning del corso saranno messi a disposizione degli studenti i collegamenti alla normativa di riferimento, aggiornata, che, di seguito, si indica:

• Crisi da sovraindebitamento: legge 27 gennaio 2012, n. 3 (modificata dal d.l.18 ottobre 2012, n. 179, convertito in l. 17 dicembre 2012, n. 221, dal d.l. 27 giugno 2015, n. 83, convertito in l. 6 agosto 2015, n. 132, dal d.lgs. 18 maggio 2018, n. 254, e dal d.l. 28 ottobre 2020, n. 137, convertito in l. 18 dicembre 2020, n. 176);
• Fallimento: regio decreto 16 marzo 1942, n. 267 (ripetutamente modificato);
• Codice della crisi e della insolvenza: d.lgs. 12 gennaio 2019, n. 14 (modificato dal d.lgs. 26 ottobre 2020, n. 147);
• Procedure di insolvenza transfrontaliere: Reg. UE 2015/848 del 20 maggio 2015;
• Direttiva sulla ristrutturazione e sull'insolvenza: Dir. UE 2019/1023 del 20 giugno 2019;
• Amministrazione straordinaria: d.lgs. 8 luglio 1999, n. 270, richiamato dall’art. 4 ter d.l. 23 dicembre 2003, n. 347, conv. con l. 18 febbraio 2004, n. 39, e modificato dal d.l. 3 maggio 2004, n. 119, conv. in l. 5 luglio 2004, n. 166;
• Testo unico bancario (t.u.b.): d.lgs. 1° settembre 1993, n. 385, in relazione ai «piani di risanamento» di cui agli artt. 69 ter ss., alle «misure di intervento precoce» di cui agli artt. 69 octiesdecies ss., all’«amministrazione straordinaria» di cui agli artt. 70 ss. e alla «liquidazione coatta amministrativa» di cui agli artt. 80 ss.;
• Codice della assicurazioni: d.lgs. 7 settembre 2005, n. 209, in relazione alle «misure di salvaguardia» di cui agli artt. 220 decies ss., alle «misure di risanamento» di cui agli artt. 229 ss. e alla «liquidazione coatta amministrativa” di cui agli artt. 245 ss.;
• Testo unico enti locali (t.u.e.l.): d.lgs. 18 agosto 2000, n. 267, artt. 242 ss.

Nel sito e-learning del corso saranno messi a disposizione degli studenti anche i collegamenti alla disciplina vigente in altri ordinamenti e, in particolare:
• alla Insolvezordnung tedesca,
• alla Liquidation judiciaire francese e al
• Chapter 11 of the United States Bankruptcy Code.

In the recent decades, the market has acquired a growing consensus as a mechanism to allocate and to distribute resources also outside the private economy (eg. within the Public Administration, the Welfare State, International Law, Environmental policies as in the case of the Emission Trading Systems…). The claim lies in reasons not only of efficiency but also of fairness. Adopting a perspective of Ethics and Economics the course aims to give students the tools for a normative evaluation of such a claim.

The course is divided into three parts. The first one is devoted to a rigorous theoretical analysis of the main reasons in favor of the market and of those that underline its limits. The second one applies these reasons to the evaluation of a specific case-study: today's market inequalities. This evaluation is accompanied by a description of both the main indicators/measures of inequality, the main data on market inequalities and the main alleged drivers. The third one discusses case-studies presented by the students.
Part 1: The normative evaluation of the market
1) In defense of the market: a) the market as the realm of efficiency (Pareto, Hayek, Schumpeter); b) the market as the realm of freedom, responsibility and desert; b) the virtues of the market; c) the the inevitability of the trade- off between efficiency and social justice.

2) Critical remarks: a) the inefficiencies of the market; b) the market as the realm of brute luck, power and exploitation; b) the vices induced by the market a; c) the complementarities between efficiency and social justice.
Part 2. The evaluation of today’s market inequalities
1) What do we mean by market inequalities and how do we measure them?; the pros and cons of the different measures, of different equivalence scales, deflators….

2) The main trends in market inequalities with a focus on the OECD countries.

3) The main drivers (skill biased technological change and knowledge economy; globalization; financialization; labour market deregulation and decline in worker power; changes in the nature of the firm; changes in economic policies – macroeconomic policies, tax policies, anti-trust….).

4) How to evaluate these dynamics in the light of the criteria previously studied?

Part 3. Case-studies presented by students

E. Anderson, 1990, “The ethical limitations of the market”, Economics and Philosophy, p. 179-205
A. Buchanan, 1985 Ethics, Efficiency and the Market (Chapters 1, 2, 3), Rowman & Littlefield.
M. Franzini, E. Granaglia, M. Raitano, Extreme Inequalities in Today Capitalism, Springer, (Chapters 2, 3, 4)
Handouts distributed through e-learning

F.P. Luiso, Diritto processuale civile, 11a ed., vol. V, La risoluzione non giurisdizionale delle controversie, Milano, 2021

The Laboratory is held by Prof. Silvia Di Paolo, Dr. Tiziana Mancini (Chief Librarian), Dr. Emanuela Romeo (Librarian) and teaches the fundamental research and writing skills which every students should acquire over the years of their Law degree. The workshop, therefore, is intended for all students, but it is particularly recommended for those students who are about to work on their dissertation.

The workshop takes place every semester (1st Semester: month of November; 2nd Semester: month of April) and it runs in two sessions within a period of two weeks:

The first session (three meetings + a practical): the Professor introduces students to the research and writing of an academic text, showing different ways of collecting, reading and registering sources and bibliography. Students receive a general guide/vademecum on research methods and on the writing of an academic text (abstract, paper, dissertation).

The second session (three meetings + a practical): the Librarians illustrate the increasing wealth of library resources and the databases in open access, the strategies to find and consult them as well as the numerous services of the University Library System of Roma Tre.

The course offers a historical reconstruction of the legal and canonical models of marriage from the Middle Ages to the 1983 Code. The different forms of marriage in the papal decretals, in the Council of Trent and in the Codes of canon law of 1917 and 1983 will be examined. The recent reforms of Pope Francis will also be examined.

Materials provided by the teacher.

The following topics will be examined:
1) Legal and contractual interpretation and their application in case-law
2) The formation of contracts
3) Negotiations and pre-contractual liability
4) The essential elements of the contract
5) Good faith (integration of the contract)
6) Contractual invalidity (defects of consent)
7) Consumer contracts
8) Liquidated damages clauses
9) The contract and superveining unexpected circumstances
10) Final dissertation

The didactic material is represented by the sentences analyses in class. The texts will be made available through the e-learning platform.

The course includes lectures and exercises.
- Frontal lessons. Frontal lessons consist in explaining the techniques for drafting criminal law acts and opinions. We will also illustrate the theoretical framework of the principles and institutions of criminal law that are necessary for the resolution of the legal issues raised during the course
- Exercises. The exercises consist of four written tests: three will take place in the classroom and one at home.

A. Massaro (a cura di), Ultimissimi casi di diritto penale, Neldiritto, 2022.

The course is focused on civil evidence. In particular: nature and classification of various types of evidence; allocation of the legal burden; the standard of admissibility of different types of evidence; interpretation of rules of evidence in Codice civile e Codice di procedura civile; final critical analysis.

Mandrioli-Carratta, Diritto processuale civile, II, Giappichelli, ultima edizione (i capitoli e i paragrafi dedicati alle prove); in alternativa, possono essere consultate le più recenti edizioni degli altri manuali di diritto processuale civile, tra cui, a titolo esemplificativo: Balena, Istituzioni di diritto processuale civile, II, Cacucci; Comoglio-Ferri-Taruffo, Lezioni sul processo civile, I, il Mulino; Consolo, Spiegazioni di diritto processuale civile, II, Giappichelli; Luiso, Diritto processuale civile, II, Giuffré; Punzi, Processo civile, Sistema e problematiche, II, Giappichelli.

The course is focused on proceedings in family matters, especially on separation, divorce, child maintenance proceedings.

Mandrioli-Carratta, Diritto processuale civile, II, Giappichelli, ultima edizione (i capitoli e i paragrafi dedicati all'oggetto del corso, in particolare "I procedimenti in materia di stato e capacità delle persone")

The lessons will focus on specific topics, such as:

- Sales as a synallagmatic contract.
- The aedilician remedies in case of material defects: actio redhibitoria und actio aestimatoria.
- Nonperformance and responsibility.
- Juridical defect.
- Comparison with the new sales models: the obligation of conformity.
- Specific problems of sales contracts.

ERASMUS students are kindly requested to contact the Professor at the beginning of the course, in order to agree the exam’s program, which will consist of a written paper about a specific topic.

The lectures will analyse sentences of Italian and European courts from which dogmatic and reconstructive issues of particular interest emerge.
Beside the traditional lesson, classes aim at stimulating student’s juridical reasoning through active participation, particularly stimulating the analysis and discussion of the cases that will be introduced.

- T. DALLA MASSARA, Fondamenti e modelli nel diritto della vendita, Jovene, Napoli, 2020.

It may be useful to consult P. Sirena - F.P. Patti - R. Schulze - R. Zimmermann, Diritto privato europeo. Testi di riferimento, 3ª ed., Torino, 2020.

L’insegnamento si propone di esaminare il tema del concorso tra responsabilità contrattuale ed extracontrattuale nell’esperienza giuridica romana in chiave casistico problematica e con specifico riguardo alle soluzioni dei giuristi romani. Premessa una breve trattazione istituzionale della distinzione ‘azioni penali private - azioni reipersecutorie’, del contenuto precettivo della lex Aquilia de damno, nonché del regime giuridico dell’actio ex lege Aquilia, il corso sarà dedicato all’approfondimento, secondo un approccio prevalentemente esegetico, che privilegia l’analisi tecnica dei casi concreti esaminati nei singoli responsi giurisprudenziali, del tema del concorso dell’actio ex lege Aquilia con le altre azioni, sia reipersecutorie (ex contractu ed in rem) sia penali private (in particolare nascenti ex eodem facto). Nella sua parte conclusiva il focus espositivo sarà incentrato sulla nuova configurazione assunta dall’azione aquiliana nel diritto giustinianeo e caratterizzata dalla generalizzazione della sua funzione risarcitoria.

I materiali di studio ad uso degli studenti frequentanti, comprensivi dei testi esaminati a lezione (nella traduzione italiana) e della bibliografia di approfondimento, sono forniti dalla docente durante le lezioni e resi disponibili tramite la piattaforma E-learning dell’insegnamento.

the programme includes a selection of the main topics in the field of public procurement

Selected materials will be provided during the lessons

The first meetings will focus on the regulatory and jurisprudential framework of the discipline of the criminal trial for the liability of entities for crime. Practical cases relating to real trials held in Italian classrooms against companies for high charges under the following conditions will then be analysed
of Legislative Decree no. 231/2001. An important part of the course will be dedicated to the systems of control governance and internal investigation, also in the light of technological progress, adopted by companies and multinationals operating both in Italy and abroad, systems that will be analyzed also through access to materials and technical-corporate methodologies made available by the operators of the system.

It is sufficient to study the notes and materials provided during the seminars.

The course deals with the main legal issues concerning important aspects of entertainment law. Significant attention is reserved to practical questions on music law, cinema, and to the exploitation of new technologies in the main relevant aspects of entertainment world.

BATTELLI ETTORE - Diritto privato dello spettacolo. Giappichelli, Torino (cap. 4, 5, 6, 7, 8, 9, 10, 11).

Lecture 1. The Basel Committee: soft laws and global banking regulation
Lecture 2. Basel Committee Accords and the Banking Regulation in Europe
Lecture 3. The evolution of banking regulation in Europe: from the Single Market for banking services to the Banking Union (1)
Lecture 4. The evolution of banking regulation in Europe: from the Single Market for banking services to the Banking Union (2)
Lecture 5. Strengths and weakness in the global regulation for the banking sector

material sent by the teacher (lecture presentation slides) and articles from scientific journals

THE SEMINAR WILL FOCUS ON THE EUROPEAN AND NATIONAL REGULATIONS ON ANIMAL WALFARE AND ON THE RELEVANT CASE LAW; THE SEMINAR WILL ALSO DEAL WITH SOME TOPICS LIKE THE OMBUDSMAN FOR ANIMAL WELFARE, DOLPHINARIUMS, ZOOS, CIRCUSES AND INTENSIVE FARMING

A SELECTION OF READINGS FROM VARIOUS SOURCES, SUCH AS SEVERAL DECISIONS OF THE COURTS (EUROPEAN AND NATIONAL), ARTICLES IN LEGAL PERIODICALS, DOCUMENTS OF THE INSTITUTIONS (EUROPEAN AND NATIONAL), LEGAL ACTS AND SLIDES WILL BE USED. MATERIAL WILL BE SENT BY E-MAIL AT THE BEGINNING OF THE COURSE

giovedì 27 novembre dalle ore 14.30 alle ore 16.30
venerdì 28 novembre dalle ore 14.30 alle ore 16.30


mercoledi 3 dicembre dalle ore 14.30 alle ore 16.30
giovedì 4 dicembre dalle ore 14.30 alle ore 16.30
venerdì 5 dicembre dalle ore 14.30 alle ore 16.30

venerdì 12 novembre dalle ore 14.30 alle ore 16.30

mercoledì 19 novembre dalle ore 14.30 alle ore 16.30
giovedì 20 novembre dalle ore 14.30 alle ore 16.30
venerdì 21 novembre dalle ore 14.30 alle ore 16.30

mercoledì 26 novembre dalle ore 14.30 alle ore 18.30

mercoledi 3 NOVEMBRE DALLE 0RE 14.30 alle ore 16.30
Giovedi 4 NOVEMBRE DALLE ORE 14.30 alle ore 16.30
venerdì 5 dalle ore 14.30 alle ore 16.30

mercoledì 10 novembre dalle ore 14.30 allle ore 16.30
giovedi 11 novembre dalle ore 14.30 alle ore 16.30

Technological and financial evolution is increasing the financing tools available for small and medium-sized enterprises. Financial companies with innovative business models are born, traditional intermediaries use and develop digital technologies that transform their products and operational processes, public policies aim to make market finance accessible also to SMEs. In this rapidly evolving scenario, many small businesses struggle to find their way and risk not being able to seize the opportunities offered or, worse, to make bad choices in choosing tools that are not suited to their needs. Adequate financial skills are an increasingly important requirement to ensure the success of even the smallest companies, and to foster their growth. This seminar discusses the opportunities and risks arising from the use of new financial instruments by smaller companies and the most effective ways to promote their knowledge among entrepreneurs.

Since the activity is a single seminar, there is no bibliography.

The regulatory framework: the fundamental urban planning law
Expropriation procedure. Overview.
Public interventions in the territory
Urban planning restrictions
The PRG
The detailed plan
Environmental Protection
VIA, VAS and A.I.A.
The landscape constraints
The protection of cultural heritage
Property in urban planning
Expropriation for public benefit
The building permit / D.I.A. and S.C.I.A. building

P. Stella Richter, Diritto urbanistico, L.E.
or
P. Stella Richter, Profili funzionali dell'urbanistica, L.E.
or
F. Salvia, C. Bevilacqua, Manuale di Diritto urbanistico (con esclusione della sez III, pp. 114-126; cap. 4, sez. II e III, pp. 164-175; cap. 5, pp. 175-180; cap. 3, 4 e 5 pp. 221-256)

THE COURSE IS DIVIDED IN TWO PARTS. THE FIRST PART IS INTRODUCTORY AND RETRACES THE HISTORY OF PUBLIC PENSION SYSTEMS. THE BIRTH AND DEVELOPMENT OF PUBLIC PENSION SYSTEMS HAS BEEN AT THE CENTRE OF SEVERAL THEORETICAL APPROACHES WITHIN THE FIELDS OF POLITICAL SCIENCE, SOCIOLOGY, ECONOMICS. THOSE THEORIES ARE SHORTLY SURVEYED. NEXT, THE MAIN FEATURES OF THE PUBLIC PENSION SYSTEMS ARE PRESENTED AND THE DIFFERENT TYPOLOGIES OF THOSE SYSTEMS ARE DEFINED AND ELABORATED. FINALLY, THE ITALIAN PENSION SYSTEM IS PRESENTED AND THE HISTORY OF THE REFORMS INTRODUCED IN THE LAST TWENTY YEARS IS RETRACED.
The second part of the course is more analytical and theoretical. Namely, some analytical frameworks used to analyse the individual demand of insurance and the social consequences of public supply of pensions are presented. The following issues will be dealt with: individual choices and pension systems, public pension systems and macro-economic risk sharing among generations, the individual return on pension saving in different PAYG systems, political support to pension policies.
OBJ: The focus of the course is on the supply of old age insurance by public sector. First, the economic justifications of public pension systems are presented. Second, the different typologies of pension systems are analysed and their consequences on social welfare are considered. Finally, public pension policies in Italy are retraced and evaluated.

Attendance to lectures is compulsory. Students will be asked to write short essays on the topics presented at lectures.

B. DOUGLAS BERNHEIM, MICHAEL D. WHINSTON, MICROECONOMIA. SECONDA EDIZIONE; MILANO: MCGRAW HILL; 2013. CAPITOLI 9, 10, 20.
NICHOLAS BARR, ECONOMICS OF THE WELFARE STATE; OXFORD: OXFORD UNIVERSITY PRESS; 2012. CAPITOLI 3, 4, 7.
PAOLO BOSI (A CURA DI), CORSO DI SCIENZA DELLE FINANZE. SESTA EDIZIONE; BOLOGNA: IL MULINO; 2012. CAPITOLI 1 E 8.
MAURIZIO FERRERA, VALERIA FARGION, MATTEO JESSOULA, ALLE RADICI DEL WELFARE ALL'ITALIANA. ORIGINI E FUTURO DI UN MODELLO SOCIALE SQUILIBRATO; VENEZIA: MARSILIO EDITORI. CAPITOLI 1, 2, 3, 5.

AN ADDITIONAL READING LIST WILL BE ISSUED DURING LECTURES.

The first part of the course requires an introduction on the sports legal order and its legal sources.
The following topics will be mostly discussed during the lectures: the employment sports contract; the sports agent; communication and imaging exploitation commercial contracts (sponsorship, commercial advertising, merchandising, licensing); other sports contracts (ticketing, broadcasting rights selling, ambush marketing); torts (general aspects, civil liability referred to athletes, teachers, coaches, events’ organizers, sports facilities’ managers, institutions and other stakeholders a latere involved in sports activities); sports justice, arbitration and other ADR procedures.
Other topics of the course: the parties of the sports legal order (IOC, CONI, national and international sports federations, Confederations, associated sports, sports-supporting institutions, sports companies and associations, athletes, sports auxiliaries).

Ettore Battelli, Diritto Privato dello Sport, Giappichelli, Torino, 2021 (last edition)

Those attending the course in the first semester 2021-2022 will be able to use slides specifically available (in the elearning/teams channel) and replace the second book.

The program will start with the examination of the tourism legislation, at international, national and local levels. Afterwards, the touristic enterprise and the different touristic activities will be analyzed, included notes on the touristic professions and vocational training. At last, the course will be devoted to the transport contracts, the hotel contract, the time-share, the travel contract, the organized tourism contracts, the touristic locations and the ADR in the touristic field. Special attention will be devoted to highly topical matters such as the ruined vacation damage.

G. GRISI - S. MAZZAMUTO, Diritto del turismo, III ediz., Torino, 2020.

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.

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.

The purpose of this course aims to depict the role of the Medieval Church in the formation of Ius Commune in Europe and to examine the intertwinement of ecclesiastical categories with those of Roman Law and of Iura propria. More specifically, the contribution of Canon Law to the formation of the modern European Law will be examined from the administrative and economic points of view.

The programme for students attending the course will be indicated on a weekly basis during the lectures.
Students not attending the course will be evaluated by oral exam on the following handbook:
E. Conte, Diritto comune. Storia e storiografia di un sistema dinamico, Bologna 2009.

Subject of the course is the study of these topics:
I. Market regulation. Models of market organization. Antitrust regulation at European and Italian level. Regulatory and control Authority. The principle of competition and unfair competition. Advertising and protection against misleading advertising. Designation of origin and quality certification. Anti-competitive factors in corporate law. Professional practice and competition. Market of "ownership" of companies.
II. “Intellectual” Property. TRIPs Agreement and international trade. Distinctive features: firm, sign and brands; Internet domains. Franchising and merchandising.
Industrial inventions, designs and ornamental models; know how. New varieties of plants and biotechnological inventions. Research and development agreements. Copyright law reform. Protection of software, computer data bases and multimedia works.

Course Texts
- Civil code, recently enacted antitrust and intellectual property law provisions;
- Manual of Industrial Law:
1. AUTERI P., Diritto industriale, Giappichelli, Torino, last edition.

GENERAL: THE GENERAL PRINCIPLES OF CORPORATE CRIMINAL LAW - THE RULE OF LAW;
THE PRINCIPLES OF MATERIALITY AND OFFENSIVENESS; ARRANGEMENT OF GOODS; PROTECTION OF GOODS AND PROTECTION OF FUNCTIONS; THE PERSONALITY PRINCIPLE AND THE THEORY OF INDICTMENT; PERSONAL QUALIFICATIONS IN CORPORATE ENTITIES; DELEGATION OF POWERS, WARRANTY AND SURVEILLANCE DUTIES; ADMINISTRATIVE LIABILITY FOR CORPORATE ENTITIES; REFLECTIONS OF THE EUROPEAN UNION SYSTEM ON CORPORATE CRIMINAL LAW.

SPECIAL SECTION: CORPORATE CRIMINAL OFFENSES; CRIMES OF FALSE; CRIMES AGAINST CAPITAL AND LEGAL RESERVE FUNDS; CRIMES AGAINST THE REGULAR FUNCTIONING OF CORPORATE BODIES; CRIMES CONCERNING THE PROTECTION OF TRANSPARENCY AND THE MARKET: CORRELATIONS WITH THE LAW No. 62/2005; INSIDER TRADING, STOCK MANIPULATION, MARKET MANIPULATION, ABUSE OF PRIVILEGED INFORMATION.

BANKRUPTCY CRIMES; OVERVIEW; TYPES OF BANKRUPTCY WITH SPECIAL REFERENCE TO CORPORATE BANKRUPTCY FRAUD. BANK FRAUD, TAX AND FINANCIAL CRIMES. SECURITY MEASURES AND CIVIL PENALTIES FOR CRIMINAL OFFENSES.

AMBROSETTI E. M. - MEZZETTI E. - RONCO M., DIRITTO PENALE DELL’IMPRESA, ZANICHELLI,
BOLOGNA, ULT. ED.

For students attending the classes, the course will be seminarial-based, and focus on the regulations of the European Union in the area of private international law, as well as on the related case law of the Court of Justice.

Barel, Armellini, Manuale breve. Diritto internazionale privato, Milano, Giuffré, Ultima edizione

Law and Humanities, 2021/2022



4th October: prof. Emanuele Conte (University of ‘Roma Tre’)
“Introduction to Law and Humanities”

5th-6th October: prof. Sara Menzinger (University of ‘Roma Tre’)
“Dante and the Law: The Influence of Legal Categories on 14th century Political Thought”

11th-13th October: prof. Serena Ammirati (University of ‘Roma Tre’)
“Law and Paleography: Transmitting and Reconstructing Law in the Latin West:
from papyri to digital data”

18th-20th October: prof. Giorgio Resta and prof. Emanuele Conte (University of ‘Roma Tre’)
“Law and Music”

25th-27th October: Stefania Gialdroni (University of Padova):
"Law and Visual Arts: The Italian Supreme Court of Cassation between Law,
Architecture and Iconography"

2nd-3rd November: Midterm exam

8th-10th November: prof. Emily Corran (University College London):
“Women, Conscience and Law: Legalistic approaches to sin in Late Middle Ages”

15th-17th November: prof. Giuseppe Guizzi (University of Napoli),
“Balzac and the Comedy of the Law”

22nd-23rd November: prof. Bruno Cavallone (University of Milano),
“Visual Arts and Principles of Judicial Proceedings”

29th-30th November: prof. Caroline Humfress (University of St. Andrews)
“Law and Society”

6th and 7th December: Final discussion of the course

Course reading material will be uploaded on the Roma Tre e-learning platform.

THE COURSE IS DIVIDED INTO FOUR SECTIONS:
I. GENERAL OVERVIEW OF THE CONCEPT OF INTERNAL MARKET AND ADMINISTRATIVE LAW, FOCUSSING ON SOME EXAMPLES OF HOW EACH AND EVERY ASPECT OF THE NATIONAL ADMINISTRATIVE SYSTEMS (OF ALL MEMBER STATES) HAS BEEN AFFECTED BY EU LAW. THE LIBERALISATION DIRECTIVES OF NATIONAL PUBLIC SERVICES; THE LIBERALISATION OF THE JOB PLACEMENT MARKET (CASE JOB CENTRE, C-55/96, OF 11 DECEMBER 1997). THE PARTICULAR CASE OF LOCAL PUBLIC SERVICES (CASES RISAN, C-108/989 SEPTEMBER 1999 AND CONAME, C-231/03 OF 21 JULY 2005) AND THE CONCEPT OF ‘EUROPEAN RELEVANCE’. THE INTERNAL MARKET (ART. 26 TFEU AND CASE COMMISSION V UK, C-207/83 OF 25 APRIL 1985). NEGATIVE AND POSITIVE INTEGRATION. THE NON DISCRIMINATION PRINCIPLE (ART. 18 TFEU AND ART. 21 OF THE CHARTER OF FUNDAMENTAL RIGHTS). THE DEFINITION OF ‘MARKET’, ‘ECONOMIC ACTIVITIES’, UNDERTAKINGS AND ‘PUBLIC ACTIVITIES’ (COMMISSION V ITALIAN REPUBLIC, C-118/85, OF 16 JUNE 1987; VIACOM OUTDOOR, C-134/03, OF 17 FEBRUARY 2005). CLASS DISCUSSIONS ON THE JUDGEMENTS OF THE ECJ.

II. THE RULES OF THE EUROPEAN ECONOMIC CONSTITUTION. FREEDOM TO PROVIDE SERVICES AND FREEDOM OF ESTABLISHMENT (ARTICLES 56, 57 AND 49 TFEU) AND THE EXCEPTIONS TO THEIR APPLICATION (ARTICLES 51-55 TFEU). ACTIVITIES WHICH IN THAT STATE ARE CONNECTED, EVEN OCCASIONALLY, WITH THE EXERCISE OF OFFICIAL AUTHORITY (ADVOCATE GENERAL MAYRAS, OPINION IN THE REYNES CASE C-2/74, OF 21 JUNE 197). THE CONCEPT OF SERVICE (HUMBEL, C-263/86, OF 27 SEPTEMBER 1988). COMPREHENSIVE APPLICATION OF THE RULES ON FREE MOVEMENT OF SERVICES (COMMISSION V. FRANCE, C-154/89 OF 26 FEBRUARY 1991). FREE MOVEMENT OF WORKERS (ART. 45 TFUE). THE CONCET OF WORKER (NINNI, C-413/00, OF 6 NOVEMBER 2001 AND BETTRAY, C-344/87 OF 31 MAY 1999). ART. 45, N. 4, THE EMPLOYMENT IN THE PUBLIC SERVICE (LAWRIE-BLUM, C-66/85 OF 3 JULY 1986 AND COMMISSION V. FRANCE, C-307/84 OF 3 JUNE 1986). FREE MOVEMENT OF GOODS (ARTICLE 34 E 35 TFEU); DEFINITION OF GOOD (CASE COMMISSION V ITALY, C-7/6, OF 10 DECEMBER 1968). MEASURES HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION (CASE DASSONVILLE, C-8/74 OF 11 JULY 1974). THE MUTUAL RECOGNITION PRINCIPLE (CASE CASSIS DE DIJON, C-120/78, OF 20 FEBRUARY 1979) DECISIONS ON FREE MOVEMENT OF GOODS (COMMISSION V. ITALY, 5 FEBRUARY 2004, C-270/02 AND COMMISSION V. ITALY, C-193/80, OF 9 DECEMBER 1981). CLASS DISCUSSION ON THE JUDGEMENTS OF THE ECJ.

III. THE ROLE OF NATIONAL PUBLIC ADMNSITRATIONS FOR THE INTEGRATION OF THE INTERNAL MARKET; THE NEW EUROPEAN GOVERNANCE AND THE PRINCIPLE OF ADMINISTRATIVE COOPERATION; THE NEW TOOLS FOR THE INTERNAL MARKET INTEGRATION PROVIDED BY THE STRATEGY DEVELOPED BY THE EUROPEAN COMMISSION, SUCH AS SOLVIT, THE INTERNAL MARKET INFORMATION SYSTEM -IMI, THE EUROPEAN PROFESSIONAL CARD, ETC.).

IV THE LAST PART OF THE COURSE IS DEDICATED TO THE ANALYSIS OF THE EUROPEAN POLICY ON ANIMAL WELFARE HAVING PARTICULAR REGUARD TO THE INTERPRETATION AND APPLICATION OF ART. 13 TFEU.

A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED, INCLUDING SEVERAL DECISIONS OF THE EUROPEAN COURT AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS THAT WILL BE MADE AVAILABLE ALONG WITH A SET OF SLIDES.
NO TEXT BOOK WILL USED.
SOME MATERIALS ARE OPTIONAL AND STUDENTS CAN USE THEM TO DEEPEN THEIR KNOWLEDGE OF SPECIFIC TOPICS.
SLIDES, ACADEMIC PAPERS, CASES AND OTHER MATERIALS WILL BE MADE AVAILABLE THROUGH THE E-LEARNING PLATFORM AT THE BEGINNING OF THE COURSE, HOWEVER STUDENTS WILL BE ENCOURAGED TO MAKE THEIR OWN RESEARCH.

Penitantiary Law and Constitution – The principle of humanization of punishment in the Italian Constitution – Prisoners’ rights – Prisoners’ conditions in principles, rules and practices – Participation to the Legal Support Helpdesk.

M. Ruotolo, Dignità e carcere, II edizione, Editoriale Scientifica, 2014.
M. Ruotolo - S. Talini (ed.), Dopo la riforma. I diritti dei detenuti nel sistema costituzionale, vol. I, Editoriale Scientifica, 2019 (saggi di Chinni, Tomba e Caredda)

For non-attending students:
M. Ruotolo, Dignità e carcere, II edizione, Editoriale Scientifica, 2014.
M. Ruotolo - S. Talini (a cura di), Dopo la riforma. I diritti dei detenuti nel sistema costituzionale, volumi I e II, Editoriale Scientifica, 2019

- Criminal law and European law: the story of a complex combination

- The principle of legality in criminal law

- The "reflex effects" of European law on national criminal law:
• The duty of conforming interpretation
• The principle of supremacy of EU law
• Effects "in bonam partem" and effects "in malam partem"
• Case Analysis

- European duties of criminal protection

- The protection of human rights in Europe
• Italian Constitution, the ECHR, the EU Charter of Fundamental Rights: "multi-level" protection and the dialogue between the Courts after the Lisbon Treaty
• Art. 3 ECHR and the prohibition of torture and inhuman or degrading treatment: the judgment Torreggiani (prison overcrowding) to Cestaro judgment (case Diaz)

- Article 7 ECHR: a new face for the principle of legality in criminal law?
The gradual overcoming of the two "double tracks":
• The "case Grande Stevens" and the sanctions on market abuse
• The curious case of urban confiscation from "Punta Perotti" to the Constitutional Court, through the ECtHR

- The new perspectives of the "European judicial criminal law"
• The "case Contrada" and the so called "concorso esterno in associazione mafiosa"
• The "judgment Taricco" and the "prescrizione" in the Italian legal system

A. Massaro, Appunti di diritto penale europeo, Giappichelli, 2020.

This course aims at providing the fundamental notions of competition law as a central area in the EU Single Market policy. To this end, it will focus on the competition provisions that are directly applicable to companies throughout the European Union, i.e. the prohibition of cartels and restrictive practices, the prohibition of abuses of dominant position and merger control (to the exclusion of State aids and Article 106 TFEU).
More in detail, it will cover:
- The objectives of competition law;
- Essentials of US antitrust law;
- The role of competition rules in the EU;
- Market power, market definition and barriers to entry;
- Article 101 TFEU;
- Article 102 TFEU;
- Competition law and regulation;
- Public and private enforcement;
- Mergers.
The course intends to adopt a comparative approach (mainly with regard to the US system) and will involve the study of the main relevant case-law and recent policy documents.

Objectives
The course intends to introduce students in an extremely important area of EU law. In particular, it is aimed towards students being able to: i) demonstrate knowledge of EU competition law, taking a critical look at competition policy and its development; ii) deal with the primary sources of EU competition law (legislation, Commission decisions, CJEU/GC rulings); iii) carry out a presentation and a discussion on a competition law topic; iv) simulate a dispute.

Attendance policy
Class attendance is compulsory.

R. Whish – D. Bailey, Competition Law, Oxford University Press 2018 (selected chapters)

The program includes the study of the following topics:
- international and constitutional principles regarding penitentiary expiation;
- subjects of the prison administration;
- observation and treatment;
- penitentiary circuits and differentiations between prisoners;
- alternative measures to detention;
- vulnerable individuals;
- other forms of detention;
- surveillance procedure;
- protection of prisoners' rights.

1) For attending students the final exam will be on the lecture notes and on the teaching support material provided during the course, supplemented by the study of the following text:

P. Corso (a cura di), Manuale della esecuzione penitenziaria, Monduzzi, last edition;
or
F.Della Casa- G.Giostra, Manuale di Diritto penitenziario, Giappichelli, last edition,
limited to the chapters corresponding to the topics covered in the lesson.

2) For the other students, the final exam will be on the study of the following text:

P. Corso (a cura di), Manuale della esecuzione penitenziaria, Monduzzi, last edition
or
F.Della Casa- G.Giostra, Manuale di Diritto penitenziario, Giappichelli, last edition

TThe IHL Legal Clinic permits selected students involved in the International Humanitarian Law course at the Roma Tre Law Department both to cooperate on pro bono projects with leading international and national institutions operating in the area of international humanitarian law and acquire significant skills and a humanitarian-oriented approach beneficial for their competences, future activities and civil awareness.
The IHL Legal Clinic aims to put students to the test of humanitarian and legal challenges raised by contemporary armed conflicts and other crisis through cooperative projects with relevant stakeholders.
For further info on projects and the selection process see http://studylaw.uniroma3.it/

Students will receive the relevant materials during class.

This course offers students the opportunity to work on complex and cutting-edge questions of international law through preparation for, and participation in, a distinguished international law moot competition. In the process, students will develop and refine advanced legal research and advocacy skills. The moot competitions will usually include the Philip C Jessup International Law Moot Court Competition, the pre-eminent global mooting competition in international law. Students will be expected to attend sessions on research methodology, and then to undertake intensive research in international law, prepare written submissions and develop oral submissions which are then refined through mooting practice.
At the end of this course, students will be able to:
- undertake international legal research
- analyse and synthesise international legal information and materials
- apply international law to complex issues, and critique the law from a practical perspective, either individually or as part of a team
- prepare appropriate and practical written and oral arguments for a specialist legal audience
- reflect on their abilities to effectively undertake legal work as a member of a team.

Students will receive a reader which will include selected articles and excerpts from relevant literature on methodology in legal research

The course aims at providing students with the most relevant notions of US company law, focusing mainly on corporations and investigating the following areas:
- incorporation and its effects
- financial structure and corporate finance
- organizational structure
- directors’ duties
- transactions on corporate control.

Programma del corso
Introduction to US company law – double sovereignty (state and federal) – the role of equity.
The role of law in regulating companies – Model acts – Uniform acts.
The formation of corporations – the incorporation – the choice of the state of incorporation – regulatory competition – “race to the top” and “race to the bottom” – internal affairs doctrine – the effects of incorporation – limited liability – operations before incorporation and in case of defective incorporation.
Limited liability – the economic reasons of limited liability and its rationale – the effects on creditors – the abuse of the corporate form – piercing the corporate veil – the case of corporate groups.
The financial structure of the corporation (1) – common stock and preferred stock – the authorization and issuance of stock – pre-emptive rights – the policy of dividends and the role of courts.
The financial structure of the corporation (2) – debt securities – bonds and debentures – powers of vote.
The organization of corporations (1) – shareholders’ powers – voting power – fundamental changes – business combinations – sale of all or substantially all of corporate assets – shareholders’ rights.
The organization of corporations (2) – the board of directors and its committees – executive compensation and the case of stock options – directors’ duties – business judgment rule – duty of care – duty of loyalty – duty of good faith.
Transactions on corporate control – hostile takeovers – the role of management and shareholders’ powers – corporate defenses – Delaware law and the role of Delaware courts.

Metodi didattici
The course is based on interactive lessons. Students are encouraged to participate in the discussion of cases and legal materials presented during the classes. Furthermore, students are requested to present cases to the class. Lectures of US professors are also planned.

Modalità di verifica dell’apprendimento
Students’ evaluation shall be based on both class work/contribution and on an oral final exam.

N.B. IL CORSO FA PARTE DEL PROGRAMMA "STUDYING LAW AT ROMA 3" DOVE LA FREQUENZA È OBBLIGATORIA. PER QUESTO MOTIVO GLI STUDENTI CHE VOGLIONO FREQUENTARE IL CORSO DEVONO EFFETTUARE LA PRE-ISCRIZIONE

Readings and course materials shall be provided during the course.

The course focuses on the study of individual and corporate responsibilities in relation to accident offenses, in the light of the most advanced contestation techniques and the most recent jurisprudential guidelines.
In the first part, given the reference to the fundamental notions of general theory of crime, obligations and penal sanctions are analyzed in the field of hygiene and safety of the workplace pursuant to Legislative Decree No 81/2008 with regard to the position of individual subjects (employer, managers, supervisors, those in charge of prevention and protection system, qualified physician, workers' representatives for safety, workers, client or project supervisor, coordinators for the planning or execution of the works) taking into account the conditions of validity and effectiveness of the delegation (or subdelegation) of functions.
The second part, given the distinction between contraventional and criminal accident offences, is dedicated to the analysis of the cases of manslaughter and culpable personal injury, with specific regard to the delimitation of the guarantee positions, the criteria for ascertaining the casual connection and guilt, also in relation to the meaning of art. 2087 of the Italian Civil Code, and the definition of the conditions for cooperation in the culpable crime, in the light of the distinctions of impediment obligations and obligations of surveillance, operational and organizational control (or "high supervision"), culpa in eligendo and culpa in vigilando.
The third part of the course concerns the structure and penalties of the administrative offense of the entity dependent on accidents at work and extends to the analysis of the possible techniques for drafting the organizational models, the criteria for assessing the related eligibility requirements and effective implementation in relation to accident prevention obligations and to various control tools (certifications, quality systems, risk assessment documents, etc.), as well as the repercussions on the composition and functioning of the supervisory body.
In the final session, after assessing the interference between the position of the employer and that of the body, possible forms and possible remedies of the process of verticalization or objectification of the judgment of criminal liability for accidents at work will be analyzed, in relation to the constitutional principle of personality.

Blaiotta, Diritto penale e sicurezza del lavoro, Giappichelli, Torino, 2020.

During the lessons, further sources of in-depth analysis (judgments, comments, journal articles, etc.) on issues of particular interest or relevancy may be indicated.

The course examines, in a comparative perspective, the new information and communication technologies to understand the evolution of the constitutional provision ex art. 21 in the digital age and in particular in the "network" system. In particular, the course aims to study the limits to the freedom of expression of thought, to protect individuals and the community, with particular attention to the impact of algorithmic technologies on law.

Vigevani, Pollicino, Melzi d'Eril, Cuniberti, Bassini, Diritto dell'informazione e dei media, Giappichelli, 2019, Parte I
4 articles chosen by the student:
G.L. Conti – M. Pietrangelo – F. Romano (a cura di), Social media e diritti. Diritto e social media, numero monografico della rivista Informatica e diritto, 2017, nn. 1-2 [http://www.ittig.cnr.it/EditoriaServizi/AttivitaEditoriale/InformaticaEDiritto/RivistaIeD1-2-2017_InteroFascicolo.pdf]

Historical evolution of the relationship between law and religion in the Italian and European context. Secularism and religious freedom in the Italian and European organizations. Religious freedom and multiculturalism. institutional profiles of state-church relations. Essential elements of the Italian regulation of denominational bodies and religious marriage with civil effects.

The final examination will focus on the topics covered in the text
a). C. CARDIA, Principi di diritto ecclesiastico. Tradizione europea legislazione italiana, Torino, Giappichelli, 2019, with the exclusion of:
- 4, 8,10,17 of chapter. I
- dei paragrafi 7,8, 9, 12,13 of chapter III
- dei paragrafi 4,6,7,8, 9 e 10 of chapter IV

Alternative to Chapter IV of Principi di diritto ecclesiastico. ,
P. Floris, Gli enti religiosi civilmente riconosciuti, in Diritto e religione in Italia. Principi e Temi, ed. Rita Benigni, IV, Chap. IV, available in open access in Rome-Trepress, Collana L'unità del diritto.

Recommended supplementary reading
C. CARDIA Risorgimento e religione, Giappichelli 2011.

During the course students will be updated on the didactic support material used (documents, case law, scientific)

PROGRAM OF CANON LAW:

I. THE EPISTEMOLOGICAL PROBLEMS: relations between canon law, theology, morality and history.

II. FOUNDATION AND HISTORICITY OF THE CANONICAL LEGAL SYSTEM

III. THEORY OF SOURCES OF CANON LAW

IV. THE REGULATORY ACTIVITY OF THE CHURCH

V. THE TYPICALITY OF THE CANONICAL LEGAL SYSTEM IN RELATION TO THE NORM

VI. THE CHURCH AS INSTITUTION, GOD’S PEOPLE, SOCIETY

VII. ACTIVITY AND GOVERNMENT OF THE CHURCH

For attending students (that is students attending at least 2/3 of classes and seminars) only:

C. FANTAPPIE', Il diritto canonico nella società postmoderna. Lezioni universitarie, Torino, Giappichelli, 2020 (with the exception of some Chapters)

Non attending students can choose between program No. 1 and program No. 2:

PROGRAM No. 1

1. C. FANTAPPIE', Il diritto canonico nella società postmoderna. Lezioni universitarie, Torino, Giappichelli, 2020 (except Chapter I or II or III).

PROGRAM No. 2

1. C. FANTAPPIE’, Storia del diritto e delle istituzioni della Chiesa, Bologna, Il Mulino 2011;
2. P. GROSSI, Diritto canonico e cultura giuridica, in Quaderni fiorentini, 32 (2003), pp. 373-389, downloadable from: http://www.centropgm.unifi.it/cache/quaderni/32/0374.pdf

FOR MORE INFORMATIONS, SEE https://dirittocanonicoroma3.wordpress.com/

The following topics will be covered during the course:
- Object, purpose and general features of international law rules concerning human rights
- The protection of human rights under general international law
- Human Rights in the UN system
- The International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights
- Crimes against humanity: international prevention and prosecution
- Human rights at the European level: the Council of Europe
- The European Convention on Human Rights and the Strasbourg Court
- Fundamental Rights within the EU legal order and practice
- Implementation and importance of international and European human rights law in the Italian legal order

Special focus on the protection of social rights in Europe and the European Social Charter system

A. Marchesi, La protezione internazionale dei diritti umani, Torino, Giappichelli, 2021

G. Palmisano, L'Europa dei diritti sociali. Significato, valore e prospettive della Carta sociale europea, Bologna, il Mulino, 2022

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.

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.

The purpose of this course aims to depict the role of the Medieval Church in the formation of Ius Commune in Europe and to examine the intertwinement of ecclesiastical categories with those of Roman Law and of Iura propria. More specifically, the contribution of Canon Law to the formation of the modern European Law will be examined from the administrative and economic points of view.

The programme for students attending the course will be indicated on a weekly basis during the lectures.
Students not attending the course will be evaluated by oral exam on the following handbook:
E. Conte, Diritto comune. Storia e storiografia di un sistema dinamico, Bologna 2009.

Subject of the course is the study of these topics:
I. Market regulation. Models of market organization. Antitrust regulation at European and Italian level. Regulatory and control Authority. The principle of competition and unfair competition. Advertising and protection against misleading advertising. Designation of origin and quality certification. Anti-competitive factors in corporate law. Professional practice and competition. Market of "ownership" of companies.
II. “Intellectual” Property. TRIPs Agreement and international trade. Distinctive features: firm, sign and brands; Internet domains. Franchising and merchandising.
Industrial inventions, designs and ornamental models; know how. New varieties of plants and biotechnological inventions. Research and development agreements. Copyright law reform. Protection of software, computer data bases and multimedia works.

Course Texts
- Civil code, recently enacted antitrust and intellectual property law provisions;
- Manual of Industrial Law:
1. AUTERI P., Diritto industriale, Giappichelli, Torino, last edition.

GENERAL: THE GENERAL PRINCIPLES OF CORPORATE CRIMINAL LAW - THE RULE OF LAW;
THE PRINCIPLES OF MATERIALITY AND OFFENSIVENESS; ARRANGEMENT OF GOODS; PROTECTION OF GOODS AND PROTECTION OF FUNCTIONS; THE PERSONALITY PRINCIPLE AND THE THEORY OF INDICTMENT; PERSONAL QUALIFICATIONS IN CORPORATE ENTITIES; DELEGATION OF POWERS, WARRANTY AND SURVEILLANCE DUTIES; ADMINISTRATIVE LIABILITY FOR CORPORATE ENTITIES; REFLECTIONS OF THE EUROPEAN UNION SYSTEM ON CORPORATE CRIMINAL LAW.

SPECIAL SECTION: CORPORATE CRIMINAL OFFENSES; CRIMES OF FALSE; CRIMES AGAINST CAPITAL AND LEGAL RESERVE FUNDS; CRIMES AGAINST THE REGULAR FUNCTIONING OF CORPORATE BODIES; CRIMES CONCERNING THE PROTECTION OF TRANSPARENCY AND THE MARKET: CORRELATIONS WITH THE LAW No. 62/2005; INSIDER TRADING, STOCK MANIPULATION, MARKET MANIPULATION, ABUSE OF PRIVILEGED INFORMATION.

BANKRUPTCY CRIMES; OVERVIEW; TYPES OF BANKRUPTCY WITH SPECIAL REFERENCE TO CORPORATE BANKRUPTCY FRAUD. BANK FRAUD, TAX AND FINANCIAL CRIMES. SECURITY MEASURES AND CIVIL PENALTIES FOR CRIMINAL OFFENSES.

AMBROSETTI E. M. - MEZZETTI E. - RONCO M., DIRITTO PENALE DELL’IMPRESA, ZANICHELLI,
BOLOGNA, ULT. ED.

For students attending the classes, the course will be seminarial-based, and focus on the regulations of the European Union in the area of private international law, as well as on the related case law of the Court of Justice.

Barel, Armellini, Manuale breve. Diritto internazionale privato, Milano, Giuffré, Ultima edizione

English

1. The course will examine principles of international contract law, using the Unidroit Principles, reviewing their structure and scope; basic ideas including freedom of contract, openness to usages, favor contractus, fair dealing and good faith, policing unfairness; purposes; uses, and comparison both to the CISG and European Principles.
2. The influence that the International Chamber of Commerce has over international contract law will be examined.
3. Concepts and procedures inherent to international contract arbitration will be reviewed and analyzed.
4. A broad array of documents typically used in international business transactions will also be explored.

RAY AUGUST, INTERNATIONAL BUSINESS LAW: TEXT, CASES AND READINGS, 4TH EDITION, PEARSON EDUCATION INTERNATIONAL, NEW JERSEY, 2004 (PP. 535 – 592)
MICHAEL JOACHIM BONELL, AN INTERNATIONAL RESTATEMENT OF CONTRACT LAW -THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, TRANSNATIONAL PUBLISHERS, INC., ARDSLEY, NY, 3D ED. 2005.
JOSEPH F. MORRISSEY AND JACK M. GRAVES, INTERNATIONAL SALES LAW AND ARBITRATION: PROBLEMS, CASES AND COMMENTARY, KLUWER LAW INTERNATIONAL, THE NETHERLANDS, 2008

Law and Humanities, 2021/2022



4th October: prof. Emanuele Conte (University of ‘Roma Tre’)
“Introduction to Law and Humanities”

5th-6th October: prof. Sara Menzinger (University of ‘Roma Tre’)
“Dante and the Law: The Influence of Legal Categories on 14th century Political Thought”

11th-13th October: prof. Serena Ammirati (University of ‘Roma Tre’)
“Law and Paleography: Transmitting and Reconstructing Law in the Latin West:
from papyri to digital data”

18th-20th October: prof. Giorgio Resta and prof. Emanuele Conte (University of ‘Roma Tre’)
“Law and Music”

25th-27th October: Stefania Gialdroni (University of Padova):
"Law and Visual Arts: The Italian Supreme Court of Cassation between Law,
Architecture and Iconography"

2nd-3rd November: Midterm exam

8th-10th November: prof. Emily Corran (University College London):
“Women, Conscience and Law: Legalistic approaches to sin in Late Middle Ages”

15th-17th November: prof. Giuseppe Guizzi (University of Napoli),
“Balzac and the Comedy of the Law”

22nd-23rd November: prof. Bruno Cavallone (University of Milano),
“Visual Arts and Principles of Judicial Proceedings”

29th-30th November: prof. Caroline Humfress (University of St. Andrews)
“Law and Society”

6th and 7th December: Final discussion of the course

Course reading material will be uploaded on the Roma Tre e-learning platform.

EU TRANSPORT LAW
7 ECTS
(Professor Vincenzo Zeno-Zencovich with Professor Margherita Colangelo)

Course description:
The course aims at introducing the EU policies in the field of transport and their intersections with many other relevant aspects: competition, environmental protection, consumer rights, external relations.
In particular the course will focus on two of the means of transport which have undergone – and are still undergoing – a considerable development in EU law: air transport and rail transport.
As to the first the course will examine
a) From monopoly in European air traffic to liberalization
b) Safety in the air and on ground
c) European agencies in the field of air transport
d) Airports and their management
e) The main competition issues:
- Mergers
- State aid
- Reservation systems
f) The EU system and the international regulation of air transport
g) Pending issues in the EU/USA and in the EU/Far East relationship
As to rail transport the course will examine
a) The (very) slow process of liberalization in rail transport
b) Interoperability and safety
c) European Transport Networks
d) European Agencies in the field of rail transport
e) The main competition issues
- Ownership of tracks and stations
- State aid
The course will also tackle the controversial issues of liberalization of port services and those of local transport (in particular UBER).
The last module of the course will be devoted to the growing expansion of consumer/user rights in the field of transport and their connection with the tourism sector (package tours, cruises, etc).
The course will also take into account the present disruptions in transport services due to the Covid-19 pandemic.

Objectives
The course aims at introducing student in an extremely important area of EU law with significant influences on a thriving economic activity, enhancing their ability to understand the general system of the European Union law and its implication on national systems.

Course Learning Activities
The course consists of lectures on the main subjects of EU transport law. During the course students will be asked to present to the rest of the class, in ppt, a series of important cases, mostly from the Court of Justice of the European Union.

Assessment tools
Student evaluation will be based on class work and class participation, oral presentations given during the semester, and a final written exam. The final exam consists in two essay questions (selected by the student among a choice of three questions).

Attendance policy
Class attendance is compulsory. Students are allowed a maximum of 7 (seven) absences, whatever the reason of the absence.

Course textbook:
M. Colangelo – V. Zeno-Zencovich, Introduction to European Union Transport Law (Third edition) freely available and downloadable on the Roma TrE-Press website [ http://romatrepress.uniroma3.it/wp-content/uploads/2020/01/Introduction-to-European-Union-transport-law-III-edizione.pdf ].

Fall 2020
Schedule of lessons (lessons will start on Wednesday, October 7th, 2020):
Wednesdays from 12 am to 1.45 pm
Thursdays and Fridays from 2.15 pm -4 pm
Owing to the present health restrictions lessons will be held online on the Zoom platform. The teachers will provide registered students with codes for access.


Class Topic
1. Oct 7 EU transport policy – General issues
2. Oct 8 Liberalization of network industries; regulation of services of general economic interest
3. Oct 9 Basics of Competition Law; the essential facility doctrine
4. Oct 14 The air transport sector; from the three aviation packages to Reg. 1008/2008/EC
5. Oct 15 Reg. 1008/2008/EC; airport infrastructures and charges
6. Oct 16 Airport infrastructures and charges
7. Oct 21 Ground handling services
8. Oct 22 Slot Allocation
9. Oct 23 2011 Better Airports Package; competition issues: abuse of dominant position; other anticompetitive conducts
10. Oct 28 Alliance agreements; code sharing; block exemptions
11. Oct 29 Competition issues; computer reservation systems
12. Oct 30 Mergers
13.Nov. 4 Competition issues: State aids and public service obligations
14. Nov 5 EU’s external aviation relations; Open Skies
15. Nov 6 The European Aviation Safety Agency
16. Nov 11 The railway sector – The railway packages
17. Nov 12 The railway sector – The railway packages - The Single European Railway Area
18. Nov 13 Unbundling in the railway sector; national experiences
19. Nov 18 Competition issues: market definition; abuse of dominant position; agreements
20. Nov 19 State aid
21.Nov 20 Liberalization of port services
22. Nov 25 Local transport. UBER
23. Nov 26 Passengers’ rights - Package travel, package holidays and package tours
24.Nov 27 Air passengers’ rights; compensation for denied boarding, cancellation or long delay of flights
25.Dec 2 Montreal and Warsaw Conventions; liability in case of accidents; rights to information; quality of service
26. Dec 3 Sea passengers; bus and coach passengers
27. Dec 4 Rail passengers’ rights
28. Dec 9 Safety and security in aviation and railway
29. Dec 10 Unfair commercial practices; misleading and comparative advertising
December 17 FINAL WRITTEN EXAM

M. Colangelo - V. Zeno-Zencovich, Introduction to European Union Transport Law, 3rd edition- Roma TrE-Press 2019 , available in open access at: http://romatrepress.uniroma3.it/wp-content/uploads/2019/12/Introduction-to-European-Union-transport-law-terza-edizione-1.pdf

THE COURSE IS DIVIDED INTO FOUR SECTIONS:
I. GENERAL OVERVIEW OF THE CONCEPT OF INTERNAL MARKET AND ADMINISTRATIVE LAW, FOCUSSING ON SOME EXAMPLES OF HOW EACH AND EVERY ASPECT OF THE NATIONAL ADMINISTRATIVE SYSTEMS (OF ALL MEMBER STATES) HAS BEEN AFFECTED BY EU LAW. THE LIBERALISATION DIRECTIVES OF NATIONAL PUBLIC SERVICES; THE LIBERALISATION OF THE JOB PLACEMENT MARKET (CASE JOB CENTRE, C-55/96, OF 11 DECEMBER 1997). THE PARTICULAR CASE OF LOCAL PUBLIC SERVICES (CASES RISAN, C-108/989 SEPTEMBER 1999 AND CONAME, C-231/03 OF 21 JULY 2005) AND THE CONCEPT OF ‘EUROPEAN RELEVANCE’. THE INTERNAL MARKET (ART. 26 TFEU AND CASE COMMISSION V UK, C-207/83 OF 25 APRIL 1985). NEGATIVE AND POSITIVE INTEGRATION. THE NON DISCRIMINATION PRINCIPLE (ART. 18 TFEU AND ART. 21 OF THE CHARTER OF FUNDAMENTAL RIGHTS). THE DEFINITION OF ‘MARKET’, ‘ECONOMIC ACTIVITIES’, UNDERTAKINGS AND ‘PUBLIC ACTIVITIES’ (COMMISSION V ITALIAN REPUBLIC, C-118/85, OF 16 JUNE 1987; VIACOM OUTDOOR, C-134/03, OF 17 FEBRUARY 2005). CLASS DISCUSSIONS ON THE JUDGEMENTS OF THE ECJ.

II. THE RULES OF THE EUROPEAN ECONOMIC CONSTITUTION. FREEDOM TO PROVIDE SERVICES AND FREEDOM OF ESTABLISHMENT (ARTICLES 56, 57 AND 49 TFEU) AND THE EXCEPTIONS TO THEIR APPLICATION (ARTICLES 51-55 TFEU). ACTIVITIES WHICH IN THAT STATE ARE CONNECTED, EVEN OCCASIONALLY, WITH THE EXERCISE OF OFFICIAL AUTHORITY (ADVOCATE GENERAL MAYRAS, OPINION IN THE REYNES CASE C-2/74, OF 21 JUNE 197). THE CONCEPT OF SERVICE (HUMBEL, C-263/86, OF 27 SEPTEMBER 1988). COMPREHENSIVE APPLICATION OF THE RULES ON FREE MOVEMENT OF SERVICES (COMMISSION V. FRANCE, C-154/89 OF 26 FEBRUARY 1991). FREE MOVEMENT OF WORKERS (ART. 45 TFUE). THE CONCET OF WORKER (NINNI, C-413/00, OF 6 NOVEMBER 2001 AND BETTRAY, C-344/87 OF 31 MAY 1999). ART. 45, N. 4, THE EMPLOYMENT IN THE PUBLIC SERVICE (LAWRIE-BLUM, C-66/85 OF 3 JULY 1986 AND COMMISSION V. FRANCE, C-307/84 OF 3 JUNE 1986). FREE MOVEMENT OF GOODS (ARTICLE 34 E 35 TFEU); DEFINITION OF GOOD (CASE COMMISSION V ITALY, C-7/6, OF 10 DECEMBER 1968). MEASURES HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION (CASE DASSONVILLE, C-8/74 OF 11 JULY 1974). THE MUTUAL RECOGNITION PRINCIPLE (CASE CASSIS DE DIJON, C-120/78, OF 20 FEBRUARY 1979) DECISIONS ON FREE MOVEMENT OF GOODS (COMMISSION V. ITALY, 5 FEBRUARY 2004, C-270/02 AND COMMISSION V. ITALY, C-193/80, OF 9 DECEMBER 1981). CLASS DISCUSSION ON THE JUDGEMENTS OF THE ECJ.

III. THE ROLE OF NATIONAL PUBLIC ADMNSITRATIONS FOR THE INTEGRATION OF THE INTERNAL MARKET; THE NEW EUROPEAN GOVERNANCE AND THE PRINCIPLE OF ADMINISTRATIVE COOPERATION; THE NEW TOOLS FOR THE INTERNAL MARKET INTEGRATION PROVIDED BY THE STRATEGY DEVELOPED BY THE EUROPEAN COMMISSION, SUCH AS SOLVIT, THE INTERNAL MARKET INFORMATION SYSTEM -IMI, THE EUROPEAN PROFESSIONAL CARD, ETC.).

IV THE LAST PART OF THE COURSE IS DEDICATED TO THE ANALYSIS OF THE EUROPEAN POLICY ON ANIMAL WELFARE HAVING PARTICULAR REGUARD TO THE INTERPRETATION AND APPLICATION OF ART. 13 TFEU.

A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED, INCLUDING SEVERAL DECISIONS OF THE EUROPEAN COURT AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS THAT WILL BE MADE AVAILABLE ALONG WITH A SET OF SLIDES.
NO TEXT BOOK WILL USED.
SOME MATERIALS ARE OPTIONAL AND STUDENTS CAN USE THEM TO DEEPEN THEIR KNOWLEDGE OF SPECIFIC TOPICS.
SLIDES, ACADEMIC PAPERS, CASES AND OTHER MATERIALS WILL BE MADE AVAILABLE THROUGH THE E-LEARNING PLATFORM AT THE BEGINNING OF THE COURSE, HOWEVER STUDENTS WILL BE ENCOURAGED TO MAKE THEIR OWN RESEARCH.

THE COURSE IS DIVIDED IN TWO PARTS. THE FIRST PART IS INTRODUCTORY AND RETRACES THE HISTORY OF PUBLIC PENSION SYSTEMS. THE BIRTH AND DEVELOPMENT OF PUBLIC PENSION SYSTEMS HAS BEEN AT THE CENTRE OF SEVERAL THEORETICAL APPROACHES WITHIN THE FIELDS OF POLITICAL SCIENCE, SOCIOLOGY, ECONOMICS. THOSE THEORIES ARE SHORTLY SURVEYED. NEXT, THE MAIN FEATURES OF THE PUBLIC PENSION SYSTEMS ARE PRESENTED AND THE DIFFERENT TYPOLOGIES OF THOSE SYSTEMS ARE DEFINED AND ELABORATED. FINALLY, THE ITALIAN PENSION SYSTEM IS PRESENTED AND THE HISTORY OF THE REFORMS INTRODUCED IN THE LAST TWENTY YEARS IS RETRACED.
The second part of the course is more analytical and theoretical. Namely, some analytical frameworks used to analyse the individual demand of insurance and the social consequences of public supply of pensions are presented. The following issues will be dealt with: individual choices and pension systems, public pension systems and macro-economic risk sharing among generations, the individual return on pension saving in different PAYG systems, political support to pension policies.
OBJ: The focus of the course is on the supply of old age insurance by public sector. First, the economic justifications of public pension systems are presented. Second, the different typologies of pension systems are analysed and their consequences on social welfare are considered. Finally, public pension policies in Italy are retraced and evaluated.

Attendance to lectures is compulsory. Students will be asked to write short essays on the topics presented at lectures.

B. DOUGLAS BERNHEIM, MICHAEL D. WHINSTON, MICROECONOMIA. SECONDA EDIZIONE; MILANO: MCGRAW HILL; 2013. CAPITOLI 9, 10, 20.
NICHOLAS BARR, ECONOMICS OF THE WELFARE STATE; OXFORD: OXFORD UNIVERSITY PRESS; 2012. CAPITOLI 3, 4, 7.
PAOLO BOSI (A CURA DI), CORSO DI SCIENZA DELLE FINANZE. SESTA EDIZIONE; BOLOGNA: IL MULINO; 2012. CAPITOLI 1 E 8.
MAURIZIO FERRERA, VALERIA FARGION, MATTEO JESSOULA, ALLE RADICI DEL WELFARE ALL'ITALIANA. ORIGINI E FUTURO DI UN MODELLO SOCIALE SQUILIBRATO; VENEZIA: MARSILIO EDITORI. CAPITOLI 1, 2, 3, 5.

AN ADDITIONAL READING LIST WILL BE ISSUED DURING LECTURES.

The first part of the course requires an introduction on the sports legal order and its legal sources.
The following topics will be mostly discussed during the lectures: the employment sports contract; the sports agent; communication and imaging exploitation commercial contracts (sponsorship, commercial advertising, merchandising, licensing); other sports contracts (ticketing, broadcasting rights selling, ambush marketing); torts (general aspects, civil liability referred to athletes, teachers, coaches, events’ organizers, sports facilities’ managers, institutions and other stakeholders a latere involved in sports activities); sports justice, arbitration and other ADR procedures.
Other topics of the course: the parties of the sports legal order (IOC, CONI, national and international sports federations, Confederations, associated sports, sports-supporting institutions, sports companies and associations, athletes, sports auxiliaries).

Ettore Battelli, Diritto Privato dello Sport, Giappichelli, Torino, 2021 (last edition)

Those attending the course in the first semester 2021-2022 will be able to use slides specifically available (in the elearning/teams channel) and replace the second book.

Penitantiary Law and Constitution – The principle of humanization of punishment in the Italian Constitution – Prisoners’ rights – Prisoners’ conditions in principles, rules and practices – Participation to the Legal Support Helpdesk.

M. Ruotolo, Dignità e carcere, II edizione, Editoriale Scientifica, 2014.
M. Ruotolo - S. Talini (ed.), Dopo la riforma. I diritti dei detenuti nel sistema costituzionale, vol. I, Editoriale Scientifica, 2019 (saggi di Chinni, Tomba e Caredda)

For non-attending students:
M. Ruotolo, Dignità e carcere, II edizione, Editoriale Scientifica, 2014.
M. Ruotolo - S. Talini (a cura di), Dopo la riforma. I diritti dei detenuti nel sistema costituzionale, volumi I e II, Editoriale Scientifica, 2019

- Criminal law and European law: the story of a complex combination

- The principle of legality in criminal law

- The "reflex effects" of European law on national criminal law:
• The duty of conforming interpretation
• The principle of supremacy of EU law
• Effects "in bonam partem" and effects "in malam partem"
• Case Analysis

- European duties of criminal protection

- The protection of human rights in Europe
• Italian Constitution, the ECHR, the EU Charter of Fundamental Rights: "multi-level" protection and the dialogue between the Courts after the Lisbon Treaty
• Art. 3 ECHR and the prohibition of torture and inhuman or degrading treatment: the judgment Torreggiani (prison overcrowding) to Cestaro judgment (case Diaz)

- Article 7 ECHR: a new face for the principle of legality in criminal law?
The gradual overcoming of the two "double tracks":
• The "case Grande Stevens" and the sanctions on market abuse
• The curious case of urban confiscation from "Punta Perotti" to the Constitutional Court, through the ECtHR

- The new perspectives of the "European judicial criminal law"
• The "case Contrada" and the so called "concorso esterno in associazione mafiosa"
• The "judgment Taricco" and the "prescrizione" in the Italian legal system

A. Massaro, Appunti di diritto penale europeo, Giappichelli, 2020.

This course aims at providing the fundamental notions of competition law as a central area in the EU Single Market policy. To this end, it will focus on the competition provisions that are directly applicable to companies throughout the European Union, i.e. the prohibition of cartels and restrictive practices, the prohibition of abuses of dominant position and merger control (to the exclusion of State aids and Article 106 TFEU).
More in detail, it will cover:
- The objectives of competition law;
- Essentials of US antitrust law;
- The role of competition rules in the EU;
- Market power, market definition and barriers to entry;
- Article 101 TFEU;
- Article 102 TFEU;
- Competition law and regulation;
- Public and private enforcement;
- Mergers.
The course intends to adopt a comparative approach (mainly with regard to the US system) and will involve the study of the main relevant case-law and recent policy documents.

Objectives
The course intends to introduce students in an extremely important area of EU law. In particular, it is aimed towards students being able to: i) demonstrate knowledge of EU competition law, taking a critical look at competition policy and its development; ii) deal with the primary sources of EU competition law (legislation, Commission decisions, CJEU/GC rulings); iii) carry out a presentation and a discussion on a competition law topic; iv) simulate a dispute.

Attendance policy
Class attendance is compulsory.

R. Whish – D. Bailey, Competition Law, Oxford University Press 2018 (selected chapters)

The program will start with the examination of the tourism legislation, at international, national and local levels. Afterwards, the touristic enterprise and the different touristic activities will be analyzed, included notes on the touristic professions and vocational training. At last, the course will be devoted to the transport contracts, the hotel contract, the time-share, the travel contract, the organized tourism contracts, the touristic locations and the ADR in the touristic field. Special attention will be devoted to highly topical matters such as the ruined vacation damage.

G. GRISI - S. MAZZAMUTO, Diritto del turismo, III ediz., Torino, 2020.

The program includes the study of the following topics:
- international and constitutional principles regarding penitentiary expiation;
- subjects of the prison administration;
- observation and treatment;
- penitentiary circuits and differentiations between prisoners;
- alternative measures to detention;
- vulnerable individuals;
- other forms of detention;
- surveillance procedure;
- protection of prisoners' rights.

1) For attending students the final exam will be on the lecture notes and on the teaching support material provided during the course, supplemented by the study of the following text:

P. Corso (a cura di), Manuale della esecuzione penitenziaria, Monduzzi, last edition;
or
F.Della Casa- G.Giostra, Manuale di Diritto penitenziario, Giappichelli, last edition,
limited to the chapters corresponding to the topics covered in the lesson.

2) For the other students, the final exam will be on the study of the following text:

P. Corso (a cura di), Manuale della esecuzione penitenziaria, Monduzzi, last edition
or
F.Della Casa- G.Giostra, Manuale di Diritto penitenziario, Giappichelli, last edition