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

b). C. CARDIA Risorgimento e religione, Giappichelli 2011, chapter 1 or 3 of your choice..

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 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.

Regional constitutional law 2018 2019
Federal and regional state;
Italian regionalism from the implementation of 1948 Constitution to the 2001 revision;
Regional legislative independence in the evolution of constitutional jurisprudence;
Statutory independence;
administrative and financial independence;
Regional organization;
Reform project.

For the students who are attending the course:
D’ATENA A., DIRITTO REGIONALE, GIAPPICHELLI, TORINO, IV ed, 2019 (only chap. I, III, IV, V, VIII, IX).

For the students who are not able to attend the coourse:
D’ATENA A., DIRITTO REGIONALE, GIAPPICHELLI, TORINO,IV ed., 2019.

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.

THE PROGRAM CONTAINS A GENERAL PART ON GENERAL PRINCIPLES AND RULES OF FAMILY LAW, ACCORDING TO THE USUAL PARTITION ADOPTET IN THE MAIN MANUALS ON FAMILY LAW. IN ADDITION, A SPECIAL PART WILL FOCUS ON RELAVANT CASE-LAW OF THE ITALIAN CONSTITUTIONAL COURT AND SUPREME COURT.

The student can choose between one of the following books:

AMADIO G. e MACARIO F. (a cura di), Diritto di famiglia, Il Mulino, 2016;
SESTA M., Manuale di Diritto di Famiglia, Cedam, ultima ed.

Moreover, the course programme comprehends the case law which will be uploaded in the e-learning portal (https://elearning2.giur.uniroma3.it)

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

THE COURSE IS DESIGNED TO IMPROVE THE IMPORTANCE OF LEGAL ENVIRONMENTAL ISSUES. THROUGH THE STUDY OF PRINCIPLES TO INFORM A NATIONAL AND COMMUNITY WIDE AS THE MATTER IS MEANT TO UNDERSTAND, THEN PUT THE BASES IN SPECIFIC AREA OF THE DIFFERENT STANDARDS. SO THE GOAL IS TO BE AWARE OF VARIOUS FORMS OF PROTECTION AND ENVIRONMENTAL VALUES OF interrelationship among these NEEDS AND ECONOMIC DEVELOPMENT OF INDUSTRY AND PRODUCTION.

Readings and course materials shall be provided during the course.

GENERAL MATHEMATICS PROGRAM a.a 2020-2021
I CHANNEL

1) Logic, sets and numerical sets
Propositional logic. Propositions. Decidable propositions. Logical operations between propositions. Logical implication. Necessity, sufficiency and necessity and sufficiency. Truth tables. Theorem. Methods for proving a theorem. Sets. Operations between sets. Numerical sets:
natural numbers, relative numbers and rational numbers. Infimum and supremum of a numerical set. Irrationality of square root of 2 (with proof). Dedekind's axiom. The real numbers set. Real numbers and their representation on the straight line. Limited and non-limited sets. Maximum and minimum of a numerical set. Intervals and boundary of a point. Elements of line topology: isolated, boundary, internal and accumulation points. Open sets. Closed sets. A set is closed if and only if it contains all its accumulation points.
2) Sums
Definition of summation. Sum of the first natural n (with proof). Sum of the first n terms of a geometric progression (with proof). Summation properties.
3) Real functions of real variable
Real functions of real variable. The Cartesian plane and the graph of a function. Injective and surjective functions. Invertible functions. Even and odd functions. Increasing and decreasing functions. Link between monotony and injectivity. Inverse function. Inverse function graph. Elementary functions. Transformations of elementary functions. Compound function. Multi-law defined functions. Domain of a function.
4) Sequences and numerical series
Converging, diverging and indeterminate sequences. Limits of sequences. Definition of numerical series. Necessary condition for convergence
of a series (with proof). The character of the geometric series (with proof). Mengoli series and its value (with proof).
5) Limits of real functions of real variable
Definition of limits. Right-hand limit and left-hand limit. Vertical and horizontal asymptote. Oblique asymptote. Theorem on uniqueness of limit. (with proof). Theorems on sign permanence (with proof). Rational operations on limits. Indeterminate forms. Notable limits.
6) Infinites and infinitesimals
Definition of infinitesimal and infinite. Comparison between infinitesimal and infinite. Order of infinitesimal and infinite. Cancellation theorems (with proof). Order propagation.
7) Continuity
Definition of continuity in a point. Continuity in a set. Classification of discontinuity points. Continuity of elementary functions. Continuity
of the compound function. Continuity of functions defined by several laws. Theorem of zeros for continuous functions. Weierstrass's theorem. Darboux's theorem (with proof).
8) Differential calculus
Difference quotient. Derivative of a function in a point and its geometric meaning. Derivability implies continuity (with proof). Points of non-derivability.
Derivative function and derivatives of subsequent order. Derivative of elementary functions. The rules of derivation. Derivative of compound functions. De L’Hopital's theorem and its application to indeterminate forms. Taylor polynomial of order 1 and order 2 (with proof). The factorial of n. Taylor polynomial
of order n. Mc Laurin polynomial. Differential and its geometric meaning. First-order error theorem (with proof). Local maxima and minima. Fermat's theorem (with proof). Rolle's theorem (with proof). Lagrange's theorem (with proof). Corollaries to Lagrange's theorem (with proof). Relationship between the sign of the first derivative and the increasing / decreasing functions in an interval (with proof). Concavity and convexity in a point. Relationship between the sign of the second derivative and the convexity / concavity of a function in an interval (with proof). Flex points. Global concavity and convexity conditions.
9) Integral calculus
Primitive of a function. Indefinite integral. Properties of primitives (with proof). Property of the indefinite integral. Immediate indefinite integrals. Integration by parts (with proof). Area subtended by a curve. Superior and inferior integral sum. Definition of definited Riemann integral. Property
of the definite integral. Integral function. The integral mean value theorem (with proof). Torricelli-Barrow's theorem (with proof). Corollary to Torricelli-Barrow's theorem (with proof).
10) Linear algebra
Vectors and their geometric representation. Product of a vector for a scalar. Vectors addition. The vector space Rn: Linear combination of
vectors. Linearly dependent and independent vectors. Matrices. Matrix addition. Matrix multiplication. Determinant of a matrix. Matrix
inverse. Uniqueness of the inverse matrix (with proof). Necessary condition for the existence of the inverse matrix (with proof). Sufficient condition for the existence of the inverse matrix. Transposed matrix. Rank of a matrix. Linear equation systems. Cramer's theorem. Rouché-Capelli theorem. Homogeneous systems. Parametric systems

Carl P. Simon, Lawrence Blume, Mathematics for economists, W.W. Norton and Company, 2010.
Only: Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, Appendix 4.
http://disa.uniroma3.it/didattica/lauree-triennali/matematica-generale-n-o-ii-canale-d-k/

1) Logic, sets and numerical sets
Propositional logic. Propositions. Decidable propositions. Logical operations between propositions. Logical implication. Necessity, sufficiency and necessity and sufficiency. Truth tables. Theorem. Methods for proving a theorem. Sets. Operations between sets. Numerical sets:
natural numbers, relative numbers and rational numbers. Infimum and supremum of a numerical set. Irrationality of square root of 2 (with proof). Dedekind's axiom. The real numbers set. Real numbers and their representation on the straight line. Limited and non-limited sets. Maximum and minimum of a numerical set. Intervals and boundary of a point. Elements of line topology: isolated, boundary, internal and accumulation points. Open sets. Closed sets. A set is closed if and only if it contains all its accumulation points.
2) Sums
Definition of summation. Sum of the first natural n (with proof). Sum of the first n terms of a geometric progression (with proof). Summation properties.
3) Real functions of real variable
Real functions of real variable. The Cartesian plane and the graph of a function. Injective and surjective functions. Invertible functions. Even and odd functions. Increasing and decreasing functions. Link between monotony and injectivity. Inverse function. Inverse function graph. Elementary functions. Transformations of elementary functions. Compound function. Multi-law defined functions. Domain of a function.
4) Sequences and numerical series
Converging, diverging and indeterminate sequences. Limits of sequences. Definition of numerical series. Necessary condition for convergence
of a series (with proof). The character of the geometric series (with proof). Mengoli series and its value (with proof).
5) Limits of real functions of real variable
Definition of limits. Right-hand limit and left-hand limit. Vertical and horizontal asymptote. Oblique asymptote. Theorem on uniqueness of limit. (with proof). Theorems on sign permanence (with proof). Rational operations on limits. Indeterminate forms. Notable limits.
6) Infinites and infinitesimals
Definition of infinitesimal and infinite. Comparison between infinitesimal and infinite. Order of infinitesimal and infinite. Cancellation theorems (with proof). Order propagation.
7) Continuity
Definition of continuity in a point. Continuity in a set. Classification of discontinuity points. Continuity of elementary functions. Continuity
of the compound function. Continuity of functions defined by several laws. Theorem of zeros for continuous functions. Weierstrass's theorem. Darboux's theorem (with proof).
8) Differential calculus
Difference quotient. Derivative of a function in a point and its geometric meaning. Derivability implies continuity (with proof). Points of non-derivability.
Derivative function and derivatives of subsequent order. Derivative of elementary functions. The rules of derivation. Derivative of compound functions. De L’Hopital's theorem and its application to indeterminate forms. Taylor polynomial of order 1 and order 2 (with proof). The factorial of n. Taylor polynomial
of order n. Mc Laurin polynomial. Differential and its geometric meaning. First-order error theorem (with proof). Local maxima and minima. Fermat's theorem (with proof). Rolle's theorem (with proof). Lagrange's theorem (with proof). Corollaries to Lagrange's theorem (with proof). Relationship between the sign of the first derivative and the increasing / decreasing functions in an interval (with proof). Concavity and convexity in a point. Relationship between the sign of the second derivative and the convexity / concavity of a function in an interval (with proof). Flex points. Global concavity and convexity conditions.
9) Integral calculus
Primitive of a function. Indefinite integral. Properties of primitives (with proof). Property of the indefinite integral. Immediate indefinite integrals. Integration by parts (with proof). Area subtended by a curve. Superior and inferior integral sum. Definition of definited Riemann integral. Property
of the definite integral. Integral function. The integral mean value theorem (with proof). Torricelli-Barrow's theorem (with proof). Corollary to Torricelli-Barrow's theorem (with proof).
10) Linear algebra
Vectors and their geometric representation. Product of a vector for a scalar. Vectors addition. The vector space Rn: Linear combination of
vectors. Linearly dependent and independent vectors. Matrices. Matrix addition. Matrix multiplication. Determinant of a matrix. Matrix
inverse. Uniqueness of the inverse matrix (with proof). Necessary condition for the existence of the inverse matrix (with proof). Sufficient condition for the existence of the inverse matrix. Transposed matrix. Rank of a matrix. Linear equation systems. Cramer's theorem. Rouché-Capelli theorem. Homogeneous systems. Parametric systems

Mathematics for economists Carl P. Simon, Lawrence Blume- W.W. Norton and Company, Inc.
Only:Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, Appendix 4 .

1) Logic, sets and numerical sets
Propositional logic. Propositions. Decidable propositions. Logical operations between propositions. Logical implication. Necessity, sufficiency and necessity and sufficiency. Truth tables. Theorem. Methods for proving a theorem. Sets. Operations between sets. Numerical sets:
natural numbers, relative numbers and rational numbers. Infimum and supremum of a numerical set. Irrationality of square root of 2 (with proof). Dedekind's axiom. The real numbers set. Real numbers and their representation on the straight line. Limited and non-limited sets. Maximum and minimum of a numerical set. Intervals and boundary of a point. Elements of line topology: isolated, boundary, internal and accumulation points. Open sets. Closed sets. A set is closed if and only if it contains all its accumulation points.
2) Sums
Definition of summation. Sum of the first natural n (with proof). Sum of the first n terms of a geometric progression (with proof). Summation properties.
3) Real functions of real variable
Real functions of real variable. The Cartesian plane and the graph of a function. Injective and surjective functions. Invertible functions. Even and odd functions. Increasing and decreasing functions. Link between monotony and injectivity. Inverse function. Inverse function graph. Elementary functions. Transformations of elementary functions. Compound function. Multi-law defined functions. Domain of a function.
4) Sequences and numerical series
Converging, diverging and indeterminate sequences. Limits of sequences. Definition of numerical series. Necessary condition for convergence
of a series (with proof). The character of the geometric series (with proof). Mengoli series and its value (with proof).
5) Limits of real functions of real variable
Definition of limits. Right-hand limit and left-hand limit. Vertical and horizontal asymptote. Oblique asymptote. Theorem on uniqueness of limit. (with proof). Theorems on sign permanence (with proof). Rational operations on limits. Indeterminate forms. Notable limits.
6) Infinites and infinitesimals
Definition of infinitesimal and infinite. Comparison between infinitesimal and infinite. Order of infinitesimal and infinite. Cancellation theorems (with proof). Order propagation.
7) Continuity
Definition of continuity in a point. Continuity in a set. Classification of discontinuity points. Continuity of elementary functions. Continuity
of the compound function. Continuity of functions defined by several laws. Theorem of zeros for continuous functions. Weierstrass's theorem. Darboux's theorem (with proof).
8) Differential calculus
Difference quotient. Derivative of a function in a point and its geometric meaning. Derivability implies continuity (with proof). Points of non-derivability.
Derivative function and derivatives of subsequent order. Derivative of elementary functions. The rules of derivation. Derivative of compound functions. De L’Hopital's theorem and its application to indeterminate forms. Taylor polynomial of order 1 and order 2 (with proof). The factorial of n. Taylor polynomial
of order n. Mc Laurin polynomial. Differential and its geometric meaning. First-order error theorem (with proof). Local maxima and minima. Fermat's theorem (with proof). Rolle's theorem (with proof). Lagrange's theorem (with proof). Corollaries to Lagrange's theorem (with proof). Relationship between the sign of the first derivative and the increasing / decreasing functions in an interval (with proof). Concavity and convexity in a point. Relationship between the sign of the second derivative and the convexity / concavity of a function in an interval (with proof). Flex points. Global concavity and convexity conditions.
9) Integral calculus
Primitive of a function. Indefinite integral. Properties of primitives (with proof). Property of the indefinite integral. Immediate indefinite integrals. Integration by parts (with proof). Area subtended by a curve. Superior and inferior integral sum. Definition of definited Riemann integral. Property
of the definite integral. Integral function. The integral mean value theorem (with proof). Torricelli-Barrow's theorem (with proof). Corollary to Torricelli-Barrow's theorem (with proof).
10) Linear algebra
Vectors and their geometric representation. Product of a vector for a scalar. Vectors addition. The vector space Rn: Linear combination of
vectors. Linearly dependent and independent vectors. Matrices. Matrix addition. Matrix multiplication. Determinant of a matrix. Matrix
inverse. Uniqueness of the inverse matrix (with proof). Necessary condition for the existence of the inverse matrix (with proof). Sufficient condition for the existence of the inverse matrix. Transposed matrix. Rank of a matrix. Linear equation systems. Cramer's theorem. Rouché-Capelli theorem. Homogeneous systems. Parametric systems.

Carl P. Simon, Lawrence Blume, Mathematics for economists, W.W. Norton and Company, 2010.
Only: Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, Appendix 4.

What is cultural heritage and why is it important? When, where and how cultural heritage started to be protected? Which are the legal tools at our disposal to protect cultural heritage? Is cultural heritage a human rights issue? This course aims at providing answers to these questions at hand of international treatises, national laws and case study. In order to introduce the students to the complexity of the topic, a historical overview (with focus on Italy) will be provided to understand how the legal concept of cultural heritage developed at a national, European and global level.

Topics:
- What is cultural heritage (CH)? Definitions of tangible and intangible CH
- CH as a tool to build national identity
- CH in the Papal States
- CH before and after the Unification of Italy
- CH under Fascism
- CH during WWII: the Nazi-looted artworks
- CH and WWII: The Real Monuments Men (art looting)
- Italian Constitution and CH
- The protection of CH before WWII outside Italy: an overview
- The World after WWII and the origin of cultural rights: UDHR, ICCPR, ICESCR
- Council of Europe and CH
- Protection of cultural heritage in armed conflict
- The 1970 UNESCO Convention
- The 1995 UNIDROIT Convention
- UNESCO projects on CH
- Cultural peacekeeping
- Cultural Heritage of Religious Interest (Holy Heritage)
- Codice dei Beni culturali e del paesaggio (2004) – Italian Code of CH

The specific readings requested for this course are the following (the ones which are not available online will be provided on the e-learning platform of the course):

1. Chechi, A., Protecting Holy Heritage in Italy - A Critical Assessment through the Prism of International Law, in “International Journal of Cultural Property”, 21 (2014), pp. 397-421. Available at: https://www.cambridge.org/core/services/aop-cambridge-core/content/view/851F794A8C98DC85712005573F4CD034/S0940739114000253a.pdf/protecting_holy_heritage_in_italya_critical_assessment_through_the_prism_of_international_law.pdf.

2. Coccolo, F., Law No. 1089 of 1 June 1939. The origin and consequences of Italian legislation on the protection of the national cultural heritage in the 20th century, in S. Pinton and L. Zagado (eds.), “Cultural Heritage. Scenarios 2015-2017”, Venezia: ed. Ca' Foscari, 2017, pp. 195-209. Available at: https://edizionicafoscari.unive.it/it/edizioni/libri/978-88-6969-225-3/.

3. Foradori, P., Protecting cultural heritage during armed conflict: the Italian contribution to “cultural peacekeeping”, in “Modern Italy”, 22.1 (2017), pp. 1-17. Available at: https://www.cambridge.org/core/services/aop-cambridge-core/content/view/B730B0DE5419CFC463853B52463C64D1/S1353294416000570a.pdf/protecting_cultural_heritage_during_armed_conflict_the_italian_contribution_to_cultural_peacekeeping.pdf.

4. Lostal, M., International Cultural Heritage Law in Armed Conflict. Case-studies of Syria, Libya, Mali, the Invasion of Iraq, and the Buddhas of Bamiyan, Cambridge: Cambridge University Press, 2017, pp. 18-46.

5. Macmillan, F., Contemporary Intangible Cultural Heritage: Between Community and Market, in C. Cummings, H. Enright, M. Pavis and C. Waelde (eds.), “Research Handbook on Contemporary Intangible Cultural Heritage: Law and Heritage”, Cheltenham, UK and Northampton, MA: Edward Elgar, 2018.

6. Macmillan, F., Heritage, Imperialism and Commodification: How the West can always do it best, in “Europa Ethnica”, 74.3/4 (2017).

7. Odello, M., The Right to Take Part to Cultural Life: General Comment No. 21 of the United Nations Committee on Economic, Social and Cultural Rights, in “Anuario español de derecho internacional”, 27 (2011), pp. 491-519. Available at: https://www.unav.edu/publicaciones/revistas/index.php/anuario-esp-dcho-internacional/article/viewFile/2563/2436.

8. Pinton, S., The Faro Convention, the Legal European Environment and the Challenge of Commons in Cultural Heritage, in S. Pinton and L. Zagado (eds.), “Cultural Heritage. Scenarios 2015-2017”, Venezia: ed. Ca' Foscari, 2017, pp. 315-334. Available at: https://edizionicafoscari.unive.it/it/edizioni/libri/978-88-6969-225-3/.

9. Ridley, R.T., To Protect the Monuments: the Papal Antiquarian (1534-1870), in “Xenia Antiqua”, I (1992), pp. 117-154 (in particular pp. 117-119 and 146 ff.).

10. Settis, S., We the Citizens, English translation of chapter 7 of Paesaggio, Costituzione, cemento: la battaglia per l'ambiente contro il degrado civile (Einaudi, 2010), in “California Italian Studies”, 2.1 (2011). Available at: https://escholarship.org/uc/item/7c90g6dp.

11. Sterio, M., Individual Criminal Responsibility for the Destruction of Religious and Historic Buildings: The Al Mahdi Case, in “Case Western Reserve Journal of International Law”, 49.1 (2017), pp. 63-73. Available at: https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=2500&context=jil.

12. Yeide, N.H. and Teter-Schneider, P.A., S. Lane Faison, Jr. and "Art under the Shadowof the Swastika”, in “Archives of American Art Journal”, 47.3/4 (2008), pp. 24-37.

The purpose of the course is to provide exhaustive knowledge of financial intermediaries, markets, listed companies and the supervisory agency and, particularly, the following matters: general principles of financial markets law; solicitation to the public; services and investment firms; institutional investors; listed companies’ rules; controls on the securities market.

- R. Costi, Il mercato mobiliare, Torino, Giappichelli, last edition.
- Consob Regulation no. 17221/2010 concerning related parties transactions.
- Borsa Italiana Corporate Governance Code.

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 Clinic of Migration and Citizenship Rights is a complementary course structured in three modules: a) legal clinic module formed by 24 hours of seminar sessions (3 Cfu); b) theoretical module on rights and citizenship theories formed by 24 hours lessons (3Cfu); c) practical internship at the Front Office/legal service for migrants' rights, which includes at least 8 hours of compulsory attendance (1Cfu). Students are required to attend all the three modules in order to be admitted to the final exam.

E.RIGO (a cura), Leggi, migranti e caporali. Prospettive critiche e di ricerca sullo sfruttamento del lavoro in agricoltura, Pacini, Pisa 2015.

FURTHER READINGS AND OTHER MATERIALS WILL BE PROVIDED DURING THE COURSE.

- 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.

COURSE DESCRIPTION AND CONTENT
The course aims at providing the students with a general introduction to the methodology for searching, reading, classifying and archiving legal documents, both in paper archives and electronic databases, besides the traditional methods based on classical research tools.
In an age characterized by massive information, only a strong knowledge of such research tools and methods can allow the students, excessively accustomed to modern information systems, to master the proper and professional research methodology which is considered nowadays outdated and useless, but it is a core skill for those engaged in legal professions.

REQUIRED MATERIALS
- Demo database 2000-2001 provided on free DVD
- Guide to Collection of legislation, literature, jurisprudence (freely available in the library in hard copy)
- Journal in hard copy
- Introduction to the consultation of the official websites of Italian Constitutional Court, the Official Gazette of the Italian Republic, and Normattiva
- Digital guides to the use of professional software
- Recommended readings

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 purpose of the course is to provide an introduction to the principles and norms of international law applicable to the inter-governmental organisations (IGOs). It discusses the essential topics of the law of international organisations, including powers, privileges and immunities, as well as membership rules, institutional structures, and accountability. There is a focus on the United Nations system, as the paradigmatic IGO, including the activities of the specialised agencies based in Rome. Special emphasis is placed on the interaction between universalism and regionalism. IGOs have developed into a pervasive phenomenon: a fundamental objective of the course is to develop a critical understanding of their impact vis-à-vis the current global challenges (economic and financial crises, migration, armed conflicts, natural disasters, epidemics).

Course Schedule
Week 1: The rise of International Organisations: history and definition
Week2: Membership, voting and funding
Week 3: International Organizations and the law of treaties
Week 4: The International legal personality
Week 5: The doctrine of powers
Week 6: Institutional law-making: a new source of international law?
Week 7: The Treaty-making powers
Week 8: Sanctions
Week 9: Military measures
Week 10: Issues of responsibility

Nigel White, The Law of International Organisations, 3rd ed., Manchester UP, 2016

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, 2020, 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, ultima edizione

Oppure

F.Della Casa- G.Giostra, Manuale di Diritto penitenziario, Giappichelli, 2020

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.


As for the 2018-2019 academic year planned projects will involve, for instance, cooperation with the International Committee of the Red Cross and the NATO SHAPE Legal Office and Amnesty International.
For further info see http://studylaw.uniroma3.it/international-humanitarian-law-legal-clinic_c10029.aspx

Students will receive the relevant materials during class.

The theory of Financial Reporting
Introduction
The goal of Financial Reporting
Capital and Income
Traditional Italian Theories on Income and Financial Reporting
Second Part
Introduction to Italian Accounting Standards and Laws on Financial Reporting
Balance Sheet, Income Statement, Cash Flows Statements and the Notes
The objective of general purpose financial reporting: the true and fair view
The exceptions to the application of the laws
The qualitative characteristics of useful financial information
The assets and liabilities measurement:
- Plants and equipment;
- The Depreciation process;
- The Impairment process;
- Intangible Assets;
- Goodwill;
- Interests in parent companies;
- Receivables and payables (expressed in Euro and in foreign currencies);
- Stocks;
- Financial Activities and Financial Derivatives.
Third Part
Financial Reporting for listed public companies.
The International Harmonisation of Accounting Standards
The Conceptual Framework for Financial Reporting

Materials to download on the site

In addition, one of the following texts:
Capaldo P., Reddito, capitale e bilancio di esercizio: una introduzione, Giuffrè, 1998
Onida P .; Economia d’azienda, UTET, 1971
Zanda G, Il bilancio delle società, Lineamenti teorici e modelli di redazione, Giappichelli, 2007

First Part
The theory of Financial Reporting
Introduction
The goal of Financial Reporting
Capital and Income
Traditional Italian Theories on Income and Financial Reporting
Second Part
Introduction to Italian Accounting Standards and Laws on Financial Reporting
Balance Sheet, Income Statement, Cash Flows Statements and the Notes
The objective of general purpose financial reporting: the true and fair view
The exceptions to the application of the laws
The qualitative characteristics of useful financial information
The assets and liabilities measurement:
- Plants and equipment;
- The Depreciation process;
- The Impairment process;
- Intangible Assets;
- Goodwill;
- Interests in parent companies;
- Receivables and payables (expressed in Euro and in foreign currencies);
- Stocks;
- Financial Activities and Financial Derivatives.
Third Part
Financial Reporting for listed public companies.
The International Harmonisation of Accounting Standards
The Conceptual Framework for Financial Reporting

G. ZANDA, Il bilancio delle società, Giappichelli, Torino, 2007 and Italian Law "D.Lgs. 136/2015"

Monetary theory
Functions and forms of money. Value of money, monetary stability and inflation. Money and credit. Interest rate and rate of return on assets. The structure of interest rates. Interest rates, asset pricing and financial markets. Interest rates, exchange rates and movements of capital. Banks and money supply. Money demand and quantitative theory of money. Theories of endogenous money.

Monetary policy and transmission mechanisms
Effectiveness of monetary policy. Neutrality of money and dichotomy in the classical model. Monetary economy. Keynesian models. Monetarist models. The New Consensus in Macroeconomics and the IS-PC-MR model. The objectives of monetary policy. The instruments of monetary policy: mandatory reserves, interest rates, money supply and capital requirements of banks. The mechanisms and channels of transmission of monetary policy.

European monetary policy
The Maastricht Treaty. Independence and governance of the ECB. The ECB's strategy. The intervention instruments of the ECB. Credit risk regulation: from the Basel agreements to the European banking union.

Regulation of financial markets and financial crises
Stability and volatility of the financial markets. Currency crisis and financial crisis. Money and effective demand. Credit cycle and financial crises. The financial crisis of 2007 - 2009. Bank rescue and sovereign debt crisis. Risks of national default and euro crisis. Secular Stagnation and sterilization of monetary policies. Corporate Saving Glut. The excesses of liquidity and the instability of the financial markets.

Bain K., Howells P., Monetary Economics. Policy and its Theoretical Basis, Palgrave Macmillan, 2009.

Bain K., Howells P., The Economics of Money, Banking and Finance. A European Text, Pearson Education, 2008.

Mishkin F.S., The Economics of Money, Banking and Financial Markets, Pearson- Addison Wesley, 2004.

The seminar activity aims to offer students the opportunity to reflect on the relation that links the discipline of evidence in the criminal trial with the issues of prevention and correction of judicial error 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.

Introduction to the markets and the financial instruments;
- General principles of the “TUF” sanctioning;
- The insider trading;
- The market manipulation;
- The relationship between criminal and administrative offenses; The Grande Stevens’ case;
- Notes on the other crimes contained in the TUF;
- Notes on the new EU regulations on market abuse (Dir. 2014/57 and Reg. 596/2014) and its transposition into national law

Rocco-Mezzetti- Ambrosetti

Diritto penale dell'impresa

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.

10/11/2020, ore 16.00,
Discussion about "Infermità mentale, società civile e diritto penale", based on LA PAZZA GIOIA by Paolo Virzì

16/11/2020, ore 16.00
Discussion about "Sostanze tossiche e responsabilità penale", based on ERIN BROCKOVICH by Steven Soderbergh

23/11/2020, ore 16.00
Discussion about "Suicidio assistito e diritto penale", based on MIELE by Valeria Golino

30/11/2020, ore 16.00
Discussion about "Carcere e tortura", based on SULLA MIA PELLE by Alessio Cremonini

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.

The following themes will be examined and discussed: 1) Religion and law in Vico; 2) Law, religion and war in the modern age; 3) Religion, law and state atheism in the Soviet Union.

The study materials will be sent to the students.

The course is divided into two blocks of lessons, the first mainly dedicated to the development of papers and opinions, while the second to the preparation of legal acts. The course is reserved for 40 students (preferably) of the third or fourth year.
Specifically, 6 legal acts are foreseen which consist in drafting at least three acts and three opinions in civil law (concerning the following topics: torts, contract law, family law, property interests, obligations.

Studying materials (slides) are given in class and are available on the e-learning platform.
http://elearning.giur.uniroma3.it/course/index.php

The course is concerned with the drafting of court documents and issues in the context of administrative law. It is therefore proposed to guide students to the development of issues on the main administrative law institutions and to introduce them to the drafting of the main court documents relating to the administrative process.

the course is practical. therefore, it does not provide for the indication of texts

The course will focus on crimes against property in Italian criminal law

FIORELLA A. (A CURA DI), QUESTIONI FONDAMENTALI DELLA PARTE SPECIALE DEL DIRITTO PENALE, ULT. EDIZIONE. (CAP. 3: REATI CONTRO IL PATRIMONIO).

FIANDACA G. – MUSCO E. Diritto penale. Parte specialeVolume 2 tomo 2 I delitti contro il patrimonio, Settima edizione, cap. II, sez. 8.

The course will analyze the techniques that institutionalize a structural function for our societies, such as transmission. The transmission of material and ideal things builds, consolidates and reinvents the concept of tradition, which has a less static content than that which is usually attributed to it. In the course of Western history, law and theology have contributed to refine the techniques of transmission so that the contents transmitted are not acquired once and for all, but are permanently and openly redefined. Also associated with the concept of transmission is that of reception, that is, an adequate, even obligatory, conduct by present and future users of what has been transmitted. Because the difference between transferring and transmitting lies precisely in the respect for a social and intergenerational concern that the former can ignore while the latter assigns itself as a goal. The course will be based on the analysis and commentary of some texts of Western legal and theological literature

The material will be distributed electronically from time to time during the lessons

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.

• James Crawford, Brownlie’s Principles of Public International Law (Oxford University Press, 8th ed, 2012).
• Malcolm N Shaw, International Law (Cambridge University Press, 6th ed, 2008).
• Robert Jennings and Arthur Watts (eds), Oppenheim’s International Law (Longman, 9th ed, 1992).
• Antonio Cassese, International Law (Oxford University Press, 2nd ed, 2005).

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.

Part One. Basic concepts. The European System of Economic Accounts (ESA). ESA 2010 innovations. Aggregate accounts (current accounts, accumulation accounts, balance sheets) and broken down (input-output table as accounting reference scheme). Statistical measurement of factors of production (capital and labour).

Part Two. Index Numbers: construction methods and properties, index numbers of production, prices. Production measurement and productivity, estimation of production function. Territorial analysis of economic-productive phenomena. Definitions and measures of poverty.

Part One.
Cesare Piacentino, Elementi di Statistica Economica e Contabilità Nazionale, Aracne, Roma, 2009:
cap. 1, 2 cap. 5 § 5.1 § 5.2 § 5.5
Renato GUARINI e Franco TASSINARI, Statistica Economica, Il Mulino, Bologna, 2000: cap. 4, §§ 1 e 2, 3.1 (a) e (b)

Exercises for the written test:
Esercizi e soluzioni relativi alla parte prima, a cura di Mazziotta C. e De Castris M., 2007

Supplementary teaching materials for Part One:
Schemi e appunti di contabilità nazionale secondo il nuovo sistema europeo, a cura di Mazziotta C., Di Palma F., De Castris M., 2006.
“La rilevazione dello stock di capitale” a cura di Mazziotta C., Magazzino C., 2005.
“I coefficienti tecnici nella tavola input-output”, a cura di Mazziotta C. e De Castris M., 2007.
“Le principali novità del Sec 2010”, a cura di De Castris M., 2016.

Part Two.
Cesare Piacentino, Elementi di Statistica Economica e Contabilità Nazionale, Aracne, Roma, 2009:
cap. 3, 6
Renato GUARINI e Franco TASSINARI, Statistica Economica, Il Mulino, Bologna, 2000:
cap. 12, § 6

Exercises for the written test:
Esercizi e soluzioni relativi alla seconda parte, a cura di Mazziotta C. e De Castris M., 2007.
Dispense integrative relative alle lezioni della parte seconda:
L’analisi della povertà: concetti e metodi, a cura di De Castris M., 2016.
Analisi statistica dei dati territoriali, a cura di De Castris M., 2016.

N.B.Supplementary teaching materials are available from the copy shop 4Appunti, via Chiabrera, 174, tel. 06.59605579.

The form of government in Italy - The bodies of political direction: the Parliament and the Government - The guarantee bodies: the President of the Republic, the Constitutional Court and the Judiciary - Territorial autonomies and their role in guaranteeing rights - Public Administration and Administrative activity - The historical evolution of the Welfare State: from birth, to maximum development, to the crisis - The model of the Social state accepted in the Italian legal system - The growing enhancement of local governments and the private social sector in welfare policies in Italy - Social rights in the Italian Constitution: conditional and unconditional social rights - The effectiveness of social rights as proof of the economic-financial crisis - The constitutional classification of social rights under the thematic profile: the rights inherent in the world of work; the right to health; the right to study - The social security system outlined by art. 38 Cost.: the distinction between assistance and social security - The evolution of the social services system in Italy: the principles, socio-health integration, the financing system and the programming and planning - The protection of personal data in the action of social services - Rights of the disabled persons and the Constitution - The protection of the rights of persons with disabilities in the logic of a multilevel protection: the right to assistance with the related economic provisions; the "new right" to socialization and effective participation in social life.

For the students of the Degree courses of the Department of Law who have to take the 7 CFU exam, the programme is reduced as follows:
The historical evolution of the Welfare State: from birth, to maximum development, to the crisis - The model of the Social state accepted in the Italian legal system - The growing enhancement of local governments and the private social sector in welfare policies in Italy - Social rights in the Italian Constitution: conditional and unconditional social rights - The effectiveness of social rights as proof of the economic-financial crisis - The constitutional classification of social rights under the thematic profile: the rights inherent in the world of work; the right to health; the right to study - The social security system outlined by art. 38 Cost.: the distinction between assistance and social security - The evolution of the social services system in Italy: the principles, socio-health integration, the financing system and the programming and planning - The protection of personal data in the action of social services - Rights of the disabled persons and the Constitution - The protection of the rights of persons with disabilities in the logic of a multilevel protection: the right to assistance with the related economic provisions; the "new right" to socialization and effective participation in social life.

Without prejudice to the fact that the students must have already acquired the institutional knowledge of public law (through the study of any Manual, such as e.g. R. BIN - D. DONATI - G. PITRUZZELLA, Lineamenti di diritto pubblico per i servizi sociali, Giappichelli, Torino, 2019, limited to the first ten chapters), the texts adopted are as follows:

General part
- E. CODINI - A. FOSSATI - S.A. FREGO LUPPI, Manuale di diritto dei servizi sociali, Giappichelli, Torino, 2019, limited to: Part I (full), Part II (one chapter of your choice), Part III (full)

Special part
- C. COLAPIETRO - F. GIRELLI, Persone con disabilità e Costituzione, Editoriale Scientifica, Napoli, 2020.

The students of the Degree courses of the Department of Law who have to take the 7 CFU exam, for the preparation for the exam cant limit themselves to study the two texts indicated above for the general part and for the special part.

***

The following teaching materials are made available on the platform http://formonline.uniroma3.it/ (which are not intended as a substitute for the reference texts):
1. General part - Elements of public law: slides (divided into thematic modules) of the online course of Institutions of public law edited by Prof.ssa Giovanna Pistorio.
2. General part - Fundamental rights, social rights and Welfare State: slides edited by Prof. Carlo Colapietro (with related exercises for self-assessment) and an essay by Prof. Colapietro.
3. Special part - Rights of the disabled and the Constitution: slides edited by Prof. Carlo Colapietro (with related exercises for self-assessment) and jurisprudential material.

1. History of Italy. History of crime from 1880 to the post-war period.
2. Crime from the sixties to nowdays. Mafia. Kidnappings. Internal and international terrorism.
3. Drugs and immigration.
4. The history of Italian prison laws up to today. Prison numbers and crime numbers
5. Foreigners iprisoners.
6. The criminological method of investigation. The scientific (statistical) data. The psychological and psychoanalytical theories. Social theories. Critical criminology.
7. The media and the prison.
8. The role of the victim in the execution of sentences
9. Feminicide as proof of criminological theories. A look at stories and data.
10. Women who committ crimes. Women in prison. Women and role into criminal organizaztions
11. White collects. Corruption and torture
12. The selectivity of prison and penal population
13. The business of private prisons

There are no adopted texts

The course will outline the outcomes of the special public regulations on the company’s laws, the influence of the public interest on the use of the private corporate vehicle, as well as the changes in legislation with the early warning system
Theoretical lessons will be held with the analysis of legal cases.

P. Pettiti, Nomina, revoca e prorogatio degli amministratori pubblici, Le imprese pubbliche. A volte ritornano, AA. VV., Analisi Giuridica dell’Economia, Bologna, 2/2015- ISBN 9788815255228
P. Pettiti, Il Testo unico sulle società pubbliche, Artt. 3 e 16, Commento al d. lgs. 19 agosto 2016, n. 175, AA.VV., diretto da Meo e Nuzzo, Cacucci, Bari, 2016 – ISBN 9788866115595;
P. Pettiti, Autonomia e gestione nelle società titolari di affidamenti, Quaderni di Giurisprudenza Commerciale, Giuffrè, 2016 - ISBN9788814217890
Lo Cascio, Il codice della crisi di impresa e dell’insolvenza: considerazioni a prima lettura, in Fall., 2019, 3, 263 ss.

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, 2020 (chapters 4, 5, 6, 7, 8, 9, 10, 11; pp. 113-284).

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.

Ambrosetti-Mezzetti-Ronco, Diritto penale dell’impresa, Zanichelli, Bologna (ultima edizione disponibile al momento del corso): capitolo 2 (Soggetti e responsabilità individuale e collettiva) e capitolo 3 (criteri oggettivi e soggettivi d’imputazione della responsabilità).

Piva, La responsabilità del “vertice” per organizzazione difettosa nel diritto penale del lavoro, Jovene, Napoli, 2011: capitoli 1, 2, 3 e 5.

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 will focus on the principles on public contracts and a selection of materials identified by the Professor and indicated on the e-learning channel

GUCCIONE, L’avvalimento: un percorso ancora tortuoso, in www.giustizia-amministrativa.it
CONTESSA, Lo stato dell’arte in tema di affidamenti in house, in www.giustizia-amministrativa.it
GAGLIARDINI, L’accesso civico generalizzato alle procedure di affidamento dei contratti pubblici in www.giustizia-amministrativa.it

Sentenze: Adunanza Plenaria n. 10/2020

additional materials will be indicated by the teacher in the lesson and/or included on the e-learning

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.

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 aim of the course is to analyze the activity of the constitutional bodies from an unusual perspective, that of the world wide web. During the lessons, the use of official websites and social networks by constitutional bodies will be studied, assessing the legal implications of these phenomena and the overall impact on the form of government.

For a further study of the topics discussed during the lessons, is recommended D.CHINNI (edited by), Potere e opinione pubblica. Gli organi costituzionali dinanzi alle sfide del web, Napoli 2019, available at the Legal Area Library.

L’insegnamento si propone di esaminare il tema della responsabilità extracontrattuale nell’esperienza giuridica romana in chiave casistico problematica con specifico riguardo ai profili rimediali e al controverso tema della ‘natura’ e della ‘funzione’ dell’actio ex lege Aquilia. 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 è diretto, in via prioritaria, ad approfondire, secondo un approccio prevalentemente esegetico, che privilegia l’analisi tecnica dei casi concreti esaminati nei singoli responsi giurisprudenziali, il 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 corso si propone altresì di approfondire la nuova configurazione assunta dall’azione aquiliana nel diritto giustinianeo caratterizzata dalla generalizzazione della sua funzione risarcitoria.

I materiali di studio ad uso degli studenti, 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

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

Modern criminal law is increasingly subjected to a real process of "transformation", both due to the emergence of new protection requirements particularly felt by the community, and to the influences exercised by European law. The course aims to focus on of "actual face" of our penal system, especially from the point of view of the c.d. law in action.

Mezzetti, Diritto penale. Casi e materiali. Zanichelli, 2020, exclusively with reference to the topics covered in class.

EU TRANSPORT LAW
7 ECTS
(Professor Vincenzo Zeno-Zencovich with Dr. Margherita Colangelo Ph.D.)

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 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
In general the course will take into account the growing expansion of consumer/user rights in the field of transport and their connection with the tourism sector (package tours, cruises, etc).

Assessment tools
Student evaluation will be based on class work and class participation (representing 10 points of the final grade), oral presentations given during the semester (representing 10 points of the final grade), and a final written exam (representing 10 points of the final grade). The final exam consists in two essay questions (selected by the student among a choice of five questions).

M. Colangelo - V. Zeno-Zencovich, Introduction to European Union Transport Law, Collana "Consumatori e Mercato" - n. 2 Dipartimento di Giurisprudenza - Università degli Studi Roma Tre, 2015, available at: http://ojs.romatrepress.uniroma3.it/index.php/eutl/article/view/216/213

THIS COURSE IS PART OF THE PROGRAM "STUDYING LAW AT ROMA TRE," THUS, ATTENDANCE IS REQUIRED. STUDENTS WHO WANT TO ATTEND THIS COURSE MUST COMPLETE A PRE-REGISTRATION FORM TO ENROLL. REGISTER HERE: HTTP://HOST.UNIROMA3.IT/LABORATORI/PIAZZATELEMATICA/STUDYINGLAW/NUOVOSTUDENTE.ASP

INTERNATIONAL BUSINESS LAW, COURSE LEARNING OBJECTIVES:
AT THE END OF THIS COURSE, SUCCESSFUL STUDENTS WILL:
- UNDERSTAND THE BASIC ELEMENTS OF INTERNATIONAL BUSINESS CONTRACTS, INCLUDING DOCTRINE AND MATERIALS FROM INTERNATIONAL PRACTICE, AGREEMENTS, JUDGMENTS AND OTHER DOCUMENTS.
- KNOW THE SPECIALIZED CONCEPTS AND TERMINOLOGY RELATED TO INTERNATIONAL BUSINESS CONTRACTS.
- RECOGNIZE THE ATTENDANT INTERNATIONAL INSTITUTIONS, ORGANIZATIONS AND DOCTRINES THAT INFLUENCE AND DETERMINE THE STRUCTURAL CONTEXT IN WHICH THE LAW OPERATES.
- BE ABLE TO IDENTIFY LEGAL ISSUES IN ACTUAL AND/OR HYPOTHETICAL (MOOT) COURT CASES AND ARBITRATION, AND TO BE ABLE TO ARGUE EITHER SIDE OF THESE ISSUES.
- HAVE IMPROVED VERBAL AND WRITTEN COMMUNICATION SKILLS, INCLUDING SKILLS IN ADVOCACY, THROUGH LEGAL WRITING AND ARGUMENTATION IN ENGLISH.
- BE FAMILIAR WITH BASIC DOCUMENTS RELEVANT TO INTERNATIONAL BUSINESS CONTRACTS FROM WHICH TO FURTHER SUBSTANTIVE KNOWLEDGE AND TO PERFECT LEGAL ENGLISH LANGUAGE SKILLS.
- HAVE MASTERED THE RESEARCH TOOLS AND MATERIALS WITH WHICH TO LEARN MORE ABOUT INTERNATIONAL BUSINESS CONTRACTS.

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

THE SEMINAR 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 SEMINAR 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.

What is cultural heritage and why is it important? When, where and how cultural heritage started to be protected? Which are the legal tools at our disposal to protect cultural heritage? Is cultural heritage a human rights issue? This course aims at providing answers to these questions and hand of international treatises, national laws and case study. In order to introduce the students to the complexity of the topic, a historical overview (with focus on Italy) will be provided to understand how the legal concept of cultural heritage developed at a national, European and global level.

The specific readings requested for this course, tough, are the following (the ones which are not available online will be provided on the e-learning platform):

1. Chechi, A., Protecting Holy Heritage in Italy - A Critical Assessment through the Prism of International Law, in “International Journal of Cultural Property”, 21 (2014), pp. 397-421. Available at: https://www.cambridge.org/core/services/aop-cambridge-core/content/view/851F794A8C98DC85712005573F4CD034/S0940739114000253a.pdf/protecting_holy_heritage_in_italya_critical_assessment_through_the_prism_of_international_law.pdf.

2. Coccolo, F., Law No. 1089 of 1 June 1939. The origin and consequences of Italian legislation on the protection of the national cultural heritage in the 20th century, in S. Pinton and L. Zagado (eds.), “Cultural Heritage. Scenarios 2015-2017”, Venezia: ed. Ca' Foscari, 2017, pp. 195-209. Available at: https://edizionicafoscari.unive.it/it/edizioni/libri/978-88-6969-225-3/.

3. Foradori, P., Protecting cultural heritage during armed conflict: the Italian contribution to “cultural peacekeeping”, in “Modern Italy”, 22.1 (2017), pp. 1-17. Available at: https://www.cambridge.org/core/services/aop-cambridge-core/content/view/B730B0DE5419CFC463853B52463C64D1/S1353294416000570a.pdf/protecting_cultural_heritage_during_armed_conflict_the_italian_contribution_to_cultural_peacekeeping.pdf.

4. Lostal, M., International Cultural Heritage Law in Armed Conflict. Case-studies of Syria, Libya, Mali, the Invasion of Iraq, and the Buddhas of Bamiyan, Cambridge: Cambridge University Press, 2017, pp. 18-46.

5. Macmillan, F., Contemporary Intangible Cultural Heritage: Between Community and Market, in C. Cummings, H. Enright, M. Pavis and C. Waelde (eds.), “Research Handbook on Contemporary Intangible Cultural Heritage: Law and Heritage”, Cheltenham, UK and Northampton, MA: Edward Elgar, 2018.

6. Macmillan, F., Heritage, Imperialism and Commodification: How the West can always do it best, in “Europa Ethnica”, 74.3/4 (2017).

7. Odello, M., The Right to Take Part to Cultural Life: General Comment No. 21 of the United Nations Committee on Economic, Social and Cultural Rights, in “Anuario español de derecho internacional”, 27 (2011), pp. 491-519. Available at: https://www.unav.edu/publicaciones/revistas/index.php/anuario-esp-dcho-internacional/article/viewFile/2563/2436.

8. Pinton, S., The Faro Convention, the Legal European Environment and the Challenge of Commons in Cultural Heritage, in S. Pinton and L. Zagado (eds.), “Cultural Heritage. Scenarios 2015-2017”, Venezia: ed. Ca' Foscari, 2017, pp. 315-334. Available at: https://edizionicafoscari.unive.it/it/edizioni/libri/978-88-6969-225-3/.

9. Ridley, R.T., To Protect the Monuments: the Papal Antiquarian (1534-1870), in “Xenia Antiqua”, I (1992), pp. 117-154 (in particular pp. 117-119 and 146 ff.).

10. Settis, S., We the Citizens, English translation of chapter 7 of Paesaggio, Costituzione, cemento: la battaglia per l'ambiente contro il degrado civile (Einaudi, 2010), in “California Italian Studies”, 2.1 (2011). Available at: https://escholarship.org/uc/item/7c90g6dp.

11. Sterio, M., Individual Criminal Responsibility for the Destruction of Religious and Historic Buildings: The Al Mahdi Case, in “Case Western Reserve Journal of International Law”, 49.1 (2017), pp. 63-73. Available at: https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=2500&context=jil.

12. Yeide, N.H. and Teter-Schneider, P.A., S. Lane Faison, Jr. and "Art under the Shadowof the Swastika”, in “Archives of American Art Journal”, 47.3/4 (2008), pp. 24-37.

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.
It includes the module "Competition Law Moot Court".

R. Whish – D. Bailey, Competition Law, Oxford University Press 2015 (8th ed.), as follows: Chapter 1; Chapter 2 paras. 1, 2, 4; Chapters 3, 4, 5; Chapter 8, paras. 1, 2; Chapter 13, paras. 1, 2, 3, 4, 8; Chapter 14, paras. 1, 2, 3, 4; Chapter 15, para. 3; Chapter 16, paras. 1, 2, 3, 4, 5, 6, 7, 8; Chapter 17, paras. 1, 2, 3, 4; Chapter 18 (excluding subparagraphs dedicated solely to UK).

The purpose of the course is to provide an introduction to the principles and norms of international law applicable to the inter-governmental organisations (IGOs). It discusses the essential topics of the law of international organisations, including powers, privileges and immunities, as well as membership rules, institutional structures, and accountability. There is a focus on the United Nations system, as the paradigmatic IGO, including the activities of the specialised agencies based in Rome. Special emphasis is placed on the interaction between universalism and regionalism. IGOs have developed into a pervasive phenomenon: a fundamental objective of the course is to develop a critical understanding of their impact vis-à-vis the current global challenges (economic and financial crises, migration, armed conflicts, natural disasters, epidemics).

Course Schedule
Week 1: The rise of International Organisations: history and definition
Week2: Membership, voting and funding
Week 3: International Organizations and the law of treaties
Week 4: The International legal personality
Week 5: The doctrine of powers
Week 6: Institutional law-making: a new source of international law?
Week 7: The Treaty-making powers
Week 8: Sanctions
Week 9: Military measures
Week 10: Issues of responsibility

See the programme of LAW OF INTERNATIONAL ORGANIZATIONS

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.

• James Crawford, Brownlie’s Principles of Public International Law (Oxford University Press, 8th ed, 2012).
• Malcolm N Shaw, International Law (Cambridge University Press, 6th ed, 2008).
• Robert Jennings and Arthur Watts (eds), Oppenheim’s International Law (Longman, 9th ed, 1992).
• Antonio Cassese, International Law (Oxford University Press, 2nd ed, 2005).

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.

In the framework of the training activity French legal language "Les normes et le sacré", the course will be dedicated to a comparative history of the concept of institution. The first meetings will focus on an analysis of the juridical sense of institution also in light of the contributions provided by religion (theology and canon law), sociology, anthropology, economics and politics. The second part of the course will be devoted to the historical and current reflection on some voices of the Vocabulaire des institutions indo-européennes of the linguist Emile Benveniste. In particular we will examine: 1) «fidélité personnelle»; 2) "créance et croyance"; 3) "gratuité et reconnaissance"; 4) "" med "et la notion de mesure". It will not be a question of offering a reading from a linguistic point of view, but of using the results of Benveniste's survey as a basis for developing a multidisciplinary reflection on the institution.

The material will be provided from time to time during the lessons.

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.


As for the 2018-2019 academic year planned projects will involve, for instance, cooperation with the International Committee of the Red Cross and the NATO SHAPE Legal Office and Amnesty International.
For further info see http://studylaw.uniroma3.it/international-humanitarian-law-legal-clinic_c10029.aspx

Students will receive the relevant materials during class.

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

b). C. CARDIA Risorgimento e religione, Giappichelli 2011, chapter 1 or 3 of your choice..

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/

GENERAL CHARACTERISTICS OF CORPORATE ORGANISATIONS
First part: BUSINESS ADMINISTRATION
1) The firm as an economic entity: General characteristics of the firm. Corporate entities: legal and economic identities. Types of firms.
2) The firm in its economic perspective: The enterprise as an individual economic undertaking: private enterprises and state-owned enterprises. The company’s purpose. Financial and economic stability as a prerequisite of a company’s existence. Economic stability and different types of economic operability. Payment for operating and production inputs used by enterprises. Corporate risk and who bears it. Income and profitability. Information Systems Governance and Internal controls (overview). Planning in business (overview).
3) Corporate funding: Assessment of financial needs. Corporate funding: equity and debt capital in their various forms. Funding through cash generation. The capital structure of the company; choice of cost-efficient financing options; the dynamic relationship between equity and debt capital. Short-term capital and long-term financing.
Second part: ACCRUAL ACCOUNTING
1) The accounting rationale. Nature of data to be examined. Methodologies. The corporate record-keeping system in a broad sense.
2) Accounting practice. Double-entry bookkeeping (definition). Double-entry bookkeeping applied to manufacturing companies. Bookkeeping entries for general business transactions, initiating joint-stock companies, particular transactions (wages and salaries, financial transactions, etc.), adjusting entries and year-end closing entries. Practical exercises in applying accounting record-keeping systems and measurement principles to business transactions.
3) From accounting to financial statements

First part: BUSINESS ADMINISTRATION
Paoloni M., Paoloni P. (a cura di), Introduzione ed orientamento allo studio delle aziende, Giappichelli, 2009

Second part: ACCRUAL ACCOUNTING
Paoloni M., Celli, M. (a cura di), Introduzione alla contabilità generale (2^edizione), CEDAM, 2020

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.
In the second and third part of the course, through an analysis of historical, sociological and philosophical sources, as well as thanks to empirical observation,
it will be studied the semantic field of the prison by offering student theoretical and sociological tools to distinguish the normative functions of the prison from the social ones. The students will analyze in an active and empirical way the distance between the normative and the social function of the prison penalty. In recent decades, trends of imprisonment in Italy, Europe and the USA have not followed the same direction as crime rates. Statistical data, organisational and economic models, penal system selectivity, the legal culture of prison operators and the surveillance judiciary will be analysed, also in order to understand the complex causes of the growth or decrease of detention rates.

For students who do not attend the course

1) Sociologia del diritto di Giuseppe Campesi, Luigi Pannarale, Ivan Populizio, Le Monnier, 2017
2) Bisogna avere visto, a cura di Patrizio Gonnella, Dario Ippolito, Gli Asini, 2019, in via di pubblicazione
3) The third book can be choosen between one of the following
Stefano Anastasia, Metamorfosi penitenziarie, Carcere, pena e mutamento sociale, Ediesse 2013
oppure
Christian De Vito, Camosci e girachiavi. Storia del carcere in Italia 1943-2007. Laterza, 2009
oppure
Patrizio Gonnella, Carceri. I confini della dignità, Jacabook, 2014

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, di prossima pubblicazione.

IMPORTANT:
For those who have already purchased the book R. PESSI, Lessons on social security law, Padovaa, Cedam, 2020 (only chapters I, VII, VIII, IX, X, XI, XII, XIII and XIV. It is however also recommended the reading of chapters II to VI) the summer exam session will be carried out on the program and on the topics covered by this text.
It will be fair 1 week before the exam to notify the teacher with an e-mail.

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.

A. GERMANO ', Agricultural Law Manual, Giappichelli, last ed. updated.

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.

Students interested in taking this course in English should contact the teacher in order to be assigned a personalized reading list

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.

The course is divided in two sections. The first one is dedicated to an introductory exposition of the fundamentals of the theory and the practice of economic public policies. The second section is dedicated to an in-depth study of a monographic topic.
Programma essenziale: Il corso è suddiviso in due parti. La prima è dedicata alla esposizione
introduttiva dei fondamenti della teoria e della pratica delle politiche pubbliche in economia. La
seconda parte è dedicata all’approfondimento di un argomento monografico.

Testi consigliati (per tutte le parti del programma e per tutti gli ordinamenti):
E.L. FELLI: Introduzione alla Macroeconomia, G.Giappichelli Editore, Torino (ultima edizione).
Temi monografici (l’argomento approfondito nella seconda parte del corso verrà scelto di anno in
anno tra i seguenti argomenti):
 Capitale pubblico produttività crescita
 Regole fiscali e ciclo economico
 Pareggio di bilancio e costituzione;
 Effetti di domanda e offerta della politica fiscale;
 La misura del prodotto potenziale ai fini della formulazione delle regole fiscali;
 Tax – shifting (ricomposizione del prelievo fiscale tra imposte sugli input produttivi e
imposte sui consumi);
 Effetti non-kyenesiani dei progranmmi di consolidamento fiscale (austerità espansiva);
 Politica monetaria non convezionale (Quantitative Easing);
 Politica monetaria e “zero lower bound”.
 Rules vs. discretion
 Stagnazione secolare o crescita esponenziale?

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

M.A. SANDULLI, Il nuovo processo amministrativo - Studi e contributi (Voll. I e II. In particular VOLUME I: INTRODUCTION; from page 61 to page 99; from page 111 to page 350. VOLUME II: from page 47 to page 107; from page 145 to page 152; from page 153 to page 221;from page 415 to page 525), Milano, Giuffrè, 2013.

• A. TRAVI Lezioni di giustizia amministrativa, Giappichelli ult. ed., from page 13 to page 39 ("Le origini del nostro sistema di giustizia amministrativa" e "L'affermazione di una giurisdizione amministrativa" in parte).
The subject 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
The judgments that will be indicated during the lessons and uploaded on the e-learning platform are part of the examination

Conflict of Laws: Principles
Regulating jurisdiction in respect of transnational cases
EU Private International Law

MOSCONI, CAMPIGLIO, Diritto internazionale privato e processuale, parte generale ed obbligazioni (vol. I), 8a ed., UTET, Torino, 2017),
or
BAREL, Manuale breve di diritto internazionale privato, Giuffrè, Milano, 2019, pp. 1-508

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

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.

1. PRELIMINARY CONCEPTS Money, time and risks. Present and future value, principal and interest. Contracts, exchange, prices. The risks.

2. FOUNDATIONS OF FINANCIAL CONTRACTS EVALUATION
2.1 EVALUATION IN CERTAINTY CONDITIONS Financial laws in certainty conditions. The exponential law. Annuities and mortgages. Internal rate of return on a financial transaction. Theory of financial equivalence laws.
2.2 FINANCIAL OPERATIONS IN THE MARKET. Value function and market price. The term structure. Duration indices and variability indices. Arbitrage valuations of floating rate notes. Interest Rate Swap. Term structure measurement. Term structure evolution. Introduction to financial options. Basic elements on equity options. Basic elements on traditional life insurance contracts.

David G. Luenberger
Investment Science
Oxford University Press (any edition)

Annamaria Olivieri, Ermanno Pitacco
Introduction to Insurance Mathematics
Springer, 2011

1. PRELIMINARY CONCEPTS Money, time and risks. Present and future value, principal and interest. Contracts, exchange, prices. The risks.

2. FOUNDATIONS OF FINANCIAL CONTRACTS VALUATION

2.1 VALUATION IN CERTAINTY CONDITIONS Financial laws under certainty conditions. The exponential law. Annuities and mortgages. Internal rate of return of a financial transaction. Theory of financial laws.

2.2 FINANCIAL OPERATIONS IN THE MARKET. Value function and market price. The term structure. Duration indices and variability indices. Arbitrage valuation of floating rate notes. Interest Rate Swap. Term structure measurement. Term structure evolution. Introduction to financial options. Basic elements on equity options. Basic elements on traditional life insurance contracts.

David G. Luenberger
Investment Science
Oxford University Press (any edition)

Annamaria Olivieri, Ermanno Pitacco
Introduction to Insurance Mathematics
Springer, 2011

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 (pp.1-164).

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

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 aims at offering an interpretation of the penitentiary law according to the terms of the Constitution, with a both theoretical and practical approach, particularly focused on the application of rules in the practice and in the jurisprudence, at national level and beyond. Based on this point of view, in which the “constitutionalistic” shade prevails, the course means to enlarge the cultural baggage of our students, combining the knowledge they already got in different fields (constitutional law, philosophy of law, criminal law, rules of criminal procedure, international law, ecc.) with the basic teaching of our degree course.

To participate and enter penitentiary institutions, students must register at the following email address: dirittidetenuti@libero.it. In the email indicate the date and the place of birth.

1) M. Ruotolo, Dignità e carcere, Naples, Editoriale Scientifica, II edizione, 2014.

2) M. Ruotolo, S. Talini (a cura di), Dopo la riforma: i diritti dei detenuti nel sistema costituzionale, volumes 1 e 2, Naples, Editoriale Scientifica, 2019.

3) S. Talini, La privazione della libertà personale. Metamorfosi normative, apporti giurisprudenziali, applicazioni amministrative, Naples, Editoriale Scientifica, 2018.

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
- F. POLITI, Libertà costituzionali e diritti fondamentali. Casi e Materiali. Un itinerario giurisprudenziale, Giappichelli, Torino, III ed., 2021
- R. BIN, Critica della teoria dei diritti, FrancoAngeli, Milano, 2018

or:
P. CARETTI - G. TARLI BARBIERI, I diritti fondamentali. Libertà e diritti sociali, Giappichelli, Torino, IV ed., 2017, except the chapters 2, 13, 14, and these paragraphs: 3.10; 6.9; 7.5, 7.6, 7.8, 7.9, 7.9.1, 7.11, 7.11.1, 7.14; 8.8; 9.5; 10.13, 10.14, 10.15, 10.16, 10.19, 10.20, 10.21, 10.22, 10.24, 11.6, 12.7, 12.11, 12.12, 12.14.
- R. BIN, Critica della teoria dei diritti, FrancoAngeli, Milano, 2018


Students not attending the classes
- P. CARETTI - G. TARLI BARBIERI, I diritti fondamentali. Libertà e diritti sociali, Giappichelli, Torino, IV ed., 2017, except the chapter 2 and these paragraphs: 3.10; 6.9; 7.5, 7.6, 7.8, 7.9, 7.9.1, 7.11, 7.11.1, 7.14; 8.8; 9.5; 10.13, 10.14, 10.15, 10.16, 10.19, 10.20, 10.21, 10.22, 10.24, 11.6, 12.7, 12.11, 12.12, 12.14.
- R. BIN, Critica della teoria dei diritti, FrancoAngeli, Milano, 2018

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:
- U. Scarpelli, Bioetica: prospettive e principi fondamentali, in Id., Bioetica laica, Baldini e Castoldi, Milano, 1998, pp. 37-48; 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;
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.

The class aims to give a specific knowledge of special proceedings concerning workers'rights and special proceedings concercing social security. Practices and research tools are an important part of the course.
The introduction of the course concerns the evolution of labour proceedings and the distribution of jurisdiction between public and private employement.
The first and wider part concerns forms of proceedings and appeals, with specific regard to public and private welfare controversies and other models of labour proceedings adopted in different litigation areas; the second part examines judicial and not-judicial ADR; the third part concerns main topics of filing dismissals complaint, with specific reference to different levels of judicial protection ensured by the law (l. 604/1966, Statuto del Lavoratori, Jobs Act) and models of preliminary injunction, as well as procedural rules of the Legge n. 300/1970 (Statuto dei Lavoratori - Workers Act); the fourth and last part concerns enforcement proceedings involving rights of employers and employees.
Class will start on March, 8th 2021, and will take place every Monday, Tuesday and Wednesday, 8.30 a.m. - 10.30 a.m, on TEAMS.
Class will end by the last weeks of May 2021.
Oral exams will be scheduled together with Civil Procedure I and II.

AA.VV., Processo del lavoro, a cura di Curzio, Di Paola, Romei, Giuffrè, Milano, 2017.

Cases and materials will be shared on facebook or e-learning web site.

Alternatively, class attendance students can use any manual of civil procedure, with specific reference to program topics.

THE COURSE IS DIVIDED IN THREE PARTS

PART 1. THE CONTRIBUTION OF ECONOMICS AND ETHICS TO THE EVALUATION OF THE MARKET
Justifications of the market: a) efficiency (the central value of welfare economics); b) freedom; c) merit and d) positive consequences of the markets (trickle down, "civilization of custom"....). Implications for market design (do we need competition? )

Criticisms: a) the ethical limits of efficiency; b) the "partiality" of market freedoms and the weight of power; c) the limits of the meritocratic justification and d) negative consequences of the markets (commodification, corruption of non-market values ... ..). Implications for market design.

The notion of trade-off between efficiency and justice

PART 2. CAN WE JUSTIFY CURRENT MARKET INEQUALITIES?
Some premises: a) alternative definitions and measurements of poverty and inequality; b) trends in market inequalities in the main OECD countries with a focus on the USA and Italy.
Evaluation of market inequalities: a) the process dimension (the role of globalization, technological change, financialization, changes in the structure and governance of companies, labor market deregulation); b) the consequences of market inequalities.

PART 3. PRESENTATION OF CASE-STUDIES CHOSEN BY THE STUDENTS
Examples of case-study include the assessment of
- different schemes of anti-trust intervention and different regimes of intellectual property rights
- different pro-competitive/quasi-market schemes within the public sector
- different minimum income schemes vs. basic income
- the deregulation of the labor market
- the creation of environmental markets
- the extension of competition in the European Union
(other topics, again for illustrative purposes only, include: the commons as an alternative to market supply? The desirability of salary caps?"

FOR THE STUDENTS ATTENDING THE COURSE
CHAPTER 2, 3, M. FRANZINI, E. GRANAGLIA, M. RAITANO DOBBIAMO PREOCCUPARCI DEI RICCHI, 2016 Il Mulino, Bologna.
CHAPTER 1, 2, 3, E. GRANAGLIA, EFFICIENZA E EQUITA' NELLE POLITICHE PUBBLICHE,1988 ANGELI, MILANO
CAPITOLI 2, 3 (until p. 105). M. BALDINI, S. TOSO, DISUGUAGLIANZA, POVERTA' E POLITICHE PUBBLICHE, 2004, Il Mulino, Bologna
ADDITIONAL GRAPHS ON THE DEVELOPMENT MARKET INEQUALITY AND POVERTY WILL BE ACCESSIBLE IN THE E-LEARNING SITE.

FOR THE STUDENTS NOT ATTENDING THE COURSE
CHAPTER 2, 3, M. FRANZINI, E. GRANAGLIA, M. RAITANO DOBBIAMO PREOCCUPARCI DEI RICCHI, 2016 Il Mulino, Bologna
CHAPTER 2, 3, A. SEN, ETICA E ECONOMIA, 2019 Laterza, Bari
M. FRANZINI, M. PIANTA, DISUGUAGLIANZE: QUANTE SONO, COME COMBATTERLE, 2016, Laterza, BarI
CHAPTER 2, 3 (until p. 105), M. BALDINI, S. TOSO, DISUGUAGLIANZA, POVERTA' E POLITICHE PUBBLICHE, 2004, Il Mulino, Bologna.

The course aims to examine the development of new technologies on the means of communication and information. Starting from the freedom of expression of thought ex art. 21 of the Constitution and its subsequent interpretations, the repercussions of technological innovation on the legal discipline in terms of radio and television, telecommunications, press and internet are examined.

P. Caretti- A. Cardone, Diritto dell'informazione e della comunicazione nell'era della convergenza, Il Mulino, 2019

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 and it is available for download on line at www.giur.uniroma3.it, in the personal page of Professor Antonella Massaro (Didattica - Link utili).

The following topics will progressively be covered during the course:
1) Introduction and Historical Overview of the Development of International Human Rights Law.
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: what rights are “human rights” in international law? “Generations” of human rights and the distinction between civil/political rights and economic/social rights. Are human rights really indivisible, interdependent, interrelated and mutually reinforcing?
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. The UN Human Rights Council, the Universal Periodic Review, and other UN mechanisms.
7) The Inter-American system: the American Convention on Human Rights and the Inter-American Court and Commission on Human Rights.
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) Insights on 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) Domestic implementation of, and compliance with, international human rights obligations: the respective role of national legislator and domestic courts, including constitutional courts.

The recommended textbook for this course is

D. Shelton, Advanced Introduction To International Human Rights Law. Cheltenham - UK: E. Elgar, 2014.

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, 2017.

The organization of the judicial system. – An analysis of the legislation on the judicial system. – The constitutional principles and the current sources of the judiciary. – Il Consiglio superiore della Magistratura (the Superior Council of the Judiciary). – The role of the Minister of Justice and his relationship with the Superior Council of the Judiciary. – The organization of the courts and the career of magistrates. – The role of the Public Prosecutor in the Constitution and in the legislation. – The civil and disciplinary liability of magistrates. – Unity and pluralism in the judicial system and their consequences on the organizational models. – The role of the judges. - International and European law. – The difficult relationship between jurisdiction and politics.

Attending students
F. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2018, con esclusione dei capitoli I, II, XI, XIV (par. da 9 a 17) e XV


Non-attending students
F. Dal Canto, Lezioni di ordinamento giudiziario, Torino, Giappichelli, 2018, con esclusione dei capitoli I e XI

An introduction to the fundamental ideas of statistics. Topics include descriptive statistics, probability, confidence intervals, and testing hypotheses, as well as the basics of Chi-square tests, regression and correlation.

G.Cicchitelli, P.D'Urso, M.Minozzo. Statistica: principi e metodi. Pearson, terza edizione (2017).

descriptive statistics
variables and their measurement
univariate distributions
describing data with tables and graphs
measures of position
variability

bivariate descriptive statistics
independence, association, correlation

probability distributions for discrete and continuous variables
sampling distributions

Inference:
estimation
hypothesis test

A. Agresti, B. Finlay
Statistical methods for the social sciences

Pearson International Edition - 4th edition 2009

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 is a legal clinic in the filed of international human rights law. It works on projects that, in the said field, have a clear social justice aim. In this academic year, two projects have already been assigned to the clinic but further projects are being agreed upon. As to the already approved projects: the first originates from the Memorandum of Understanding concluded between the Department and the Rome Tribunal, XVIII Specialized section on individuals rights and immigration, meant to support the Tribunal in the drafting of so-called "Country of Origin Information" reports; the second project originates from the "Transnational Listing Project", in cooperation with Kent University (UK). Students participate in the drafting of petitions before the Office of the Ombudsperson of the Sanctions Committee of the UN Security Council. Further projects students may expect to work on concern strategic litigation in international human rights law.

Against this background, the program is composed of two phases. In the first phase (first three weeks), students get acquainted with the competences necessary to work on the projects. Accordingly, the following three aspects are particularly touched upon: legal framework (rules, practice and institutions); methodology of research in international law; drafting skills. In the second phase, the class works as a laboratory, during which drafts prepared by students are discussed.

The course does not require the study of a specific textbook, as documents to be studied depend on the projects entrusted to the clinic. Please see the bibliography for the readings suggested in the present year.

This course will provide an overview of the major issues related to the impact of digitalisation, interconnected networks, and artificial intelligence on contemporary law. Namely, it will focus on data-driven innovation and will explore the complex relationship between social and technological change and the evolution of the law. Controversial issues such as the regulation of digital platforms, decision making by algorithms, ownership of data, liquid surveillance, Internet of things, privacy in the social networks, smart contracting, liability in the cyberspace, will be analysed and discusses from a comparative law perspective. The main aim of the course is to provide an up-to-date overview about the major legal issues raised by the advent of digital technologies.

The exam will be based on the materials specified in the syllabus provided at the beginning of the course. Access to these materials will be provided through the e-learning platform

COMPARATIVE CONSTITUTIONAL LAW (56 HOURS - 7CFU)
PROGRAM OF THE COURSE A.A. 2020-2021

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.

COMPARATIVE CONSTITUTIONAL LAW (56 HOURS - 7CFU)
Readings A.A. 2019-2020

For students attending at least 80% of the lectures
1) One of the following handbooks
- P. Carrozza – A. Di Giovine – G.F. Ferrari, Diritto costituzionale comparato, Tomo II, Roma-Bari, Laterza, 2019
- A. Di Giovine – A. Algostino – F. Longo – A. Mastromarino, Lezioni di diritto costituzionale comparato, Firenze, Le Monnier, 2019
- G. Morbidelli - M. Volpi – G. Cerrina Ferroni, Diritto costituzionale comparato, Torino, Giappichelli, 2020
- G. De Vergottini, Diritto costituzionale comparato, Padova, Cedam, 2019.

2) M. Volpi, Libertà e autorità. La classificazione delle forme di Stato e delle forme di governo, Settima edizione, Torino, Giappichelli, 2018.



For students attending less than 80% of the lectures
1) One of the following books
- P. Carrozza – A. Di Giovine – G.F. Ferrari, Diritto costituzionale comparato, Tomo II, Roma-Bari, Laterza, 2019
- A. Di Giovine – A. Algostino – F. Longo – A. Mastromarino, Lezioni di diritto costituzionale comparato, Firenze, Le Monnier, 2019
- G. Morbidelli - M. Volpi – G. Cerrina Ferroni, Diritto costituzionale comparato, Torino, Giappichelli, 2020
- G. De Vergottini, Diritto costituzionale comparato, Padova, Cedam, 2019.

2) M. Volpi, Libertà e autorità. La classificazione delle forme di Stato e delle forme di governo, Settima edizione, Torino, Giappichelli, 2018.

3) Readings to be agreed with the teacher on topics discussed during the course

For the selection of book chapters and further readings, please contact the teacher at the following address: simone.benvenuti@uniroma3.it

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.

Part One. Basic concepts. The European System of Economic Accounts (ESA). ESA 2010 innovations. Aggregate accounts (current accounts, accumulation accounts, balance sheets) and broken down (input-output table as accounting reference scheme). Statistical measurement of factors of production (capital and labour).

Part Two. Index Numbers: construction methods and properties, index numbers of production, prices. Production measurement and productivity, estimation of production function. Territorial analysis of economic-productive phenomena. Definitions and measures of poverty.

Part One.
Cesare Piacentino, Elementi di Statistica Economica e Contabilità Nazionale, Aracne, Roma, 2009:
cap. 1, 2 cap. 5 § 5.1 § 5.2 § 5.5
Renato GUARINI e Franco TASSINARI, Statistica Economica, Il Mulino, Bologna, 2000: cap. 4, §§ 1 e 2, 3.1 (a) e (b)

Exercises for the written test:
Esercizi e soluzioni relativi alla parte prima, a cura di Mazziotta C. e De Castris M., 2007

Supplementary teaching materials for Part One:
Schemi e appunti di contabilità nazionale secondo il nuovo sistema europeo, a cura di Mazziotta C., Di Palma F., De Castris M., 2006.
“La rilevazione dello stock di capitale” a cura di Mazziotta C., Magazzino C., 2005.
“I coefficienti tecnici nella tavola input-output”, a cura di Mazziotta C. e De Castris M., 2007.
“Le principali novità del Sec 2010”, a cura di De Castris M., 2016.

Part Two.
Cesare Piacentino, Elementi di Statistica Economica e Contabilità Nazionale, Aracne, Roma, 2009:
cap. 3, 6
Renato GUARINI e Franco TASSINARI, Statistica Economica, Il Mulino, Bologna, 2000:
cap. 12, § 6

Exercises for the written test:
Esercizi e soluzioni relativi alla seconda parte, a cura di Mazziotta C. e De Castris M., 2007.
Dispense integrative relative alle lezioni della parte seconda:
L’analisi della povertà: concetti e metodi, a cura di De Castris M., 2016.
Analisi statistica dei dati territoriali, a cura di De Castris M., 2016.

N.B.Supplementary teaching materials are available from the copy shop 4Appunti, via Chiabrera, 174, tel. 06.59605579.

The form of government in Italy - The bodies of political direction: the Parliament and the Government - The guarantee bodies: the President of the Republic, the Constitutional Court and the Judiciary - Territorial autonomies and their role in guaranteeing rights - Public Administration and Administrative activity - The historical evolution of the Welfare State: from birth, to maximum development, to the crisis - The model of the Social state accepted in the Italian legal system - The growing enhancement of local governments and the private social sector in welfare policies in Italy - Social rights in the Italian Constitution: conditional and unconditional social rights - The effectiveness of social rights as proof of the economic-financial crisis - The constitutional classification of social rights under the thematic profile: the rights inherent in the world of work; the right to health; the right to study - The social security system outlined by art. 38 Cost.: the distinction between assistance and social security - The evolution of the social services system in Italy: the principles, socio-health integration, the financing system and the programming and planning - The protection of personal data in the action of social services - Rights of the disabled persons and the Constitution - The protection of the rights of persons with disabilities in the logic of a multilevel protection: the right to assistance with the related economic provisions; the "new right" to socialization and effective participation in social life.

For the students of the Degree courses of the Department of Law who have to take the 7 CFU exam, the programme is reduced as follows:
The historical evolution of the Welfare State: from birth, to maximum development, to the crisis - The model of the Social state accepted in the Italian legal system - The growing enhancement of local governments and the private social sector in welfare policies in Italy - Social rights in the Italian Constitution: conditional and unconditional social rights - The effectiveness of social rights as proof of the economic-financial crisis - The constitutional classification of social rights under the thematic profile: the rights inherent in the world of work; the right to health; the right to study - The social security system outlined by art. 38 Cost.: the distinction between assistance and social security - The evolution of the social services system in Italy: the principles, socio-health integration, the financing system and the programming and planning - The protection of personal data in the action of social services - Rights of the disabled persons and the Constitution - The protection of the rights of persons with disabilities in the logic of a multilevel protection: the right to assistance with the related economic provisions; the "new right" to socialization and effective participation in social life.

Without prejudice to the fact that the students must have already acquired the institutional knowledge of public law (through the study of any Manual, such as e.g. R. BIN - D. DONATI - G. PITRUZZELLA, Lineamenti di diritto pubblico per i servizi sociali, Giappichelli, Torino, 2019, limited to the first ten chapters), the texts adopted are as follows:

General part
- E. CODINI - A. FOSSATI - S.A. FREGO LUPPI, Manuale di diritto dei servizi sociali, Giappichelli, Torino, 2019, limited to: Part I (full), Part II (one chapter of your choice), Part III (full)

Special part
- C. COLAPIETRO - F. GIRELLI, Persone con disabilità e Costituzione, Editoriale Scientifica, Napoli, 2020.

The students of the Degree courses of the Department of Law who have to take the 7 CFU exam, for the preparation for the exam cant limit themselves to study the two texts indicated above for the general part and for the special part.

***

The following teaching materials are made available on the platform http://formonline.uniroma3.it/ (which are not intended as a substitute for the reference texts):
1. General part - Elements of public law: slides (divided into thematic modules) of the online course of Institutions of public law edited by Prof.ssa Giovanna Pistorio.
2. General part - Fundamental rights, social rights and Welfare State: slides edited by Prof. Carlo Colapietro (with related exercises for self-assessment) and an essay by Prof. Colapietro.
3. Special part - Rights of the disabled and the Constitution: slides edited by Prof. Carlo Colapietro (with related exercises for self-assessment) and jurisprudential material.

Public employment and consitutional principles
- Collective bargaining procedures and collective agreement
- Hiring procedures
- Public employe's duties and rights; Wages
- Disciplinary procedures
- Public management
- Redundancy procedures and individual dismissals

- L. Fiorillo - Il diritto del lavoro nel pubblico impiego, Piccin Editore 2020

For more details

- M. Esposito (a cura di), V. Luciani (a cura di), A. Zoppoli (a cura di), L. Zoppoli (a cura di) - La riforma dei rapporti di lavoro nelle pubbliche amministrazioni. Commento alle innovazioni della XVII legislatura Giappichelli, 2018

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 programme for students attending the course is based in part on readings suggested in class by the Professor and in part on the texts indicated below.

Students not attending the course will take the final exam in oral form on the followings texts: Bernardo Sordi, Diritto pubblico e diritto privato. Una genealogia storica, Bologna Il Mulino 2020, cap. I, II (disponibile in open access su darwinbooks per gli utenti di Roma Tre)

Luca Mannori – Bernardo Sordi, Giustizia e amministrazione, in Lo Stato moderno in Europa. Istituzioni e diritto, a cura di Maurizio Fioravanti, Roma Laterza 2008, p. 59-101 (disponibile presso la Biblioteca di Studi Politici)

Sabino Cassese, Governare gli italiani. Storia dello Stato, Bologna Il Mulino 2014, cap. I, II, V, XIV, XV
(disponibile in open access su darwinbooks per gli utenti di Roma Tre)

Sabino Cassese, Albert Venn Dicey e il diritto amministrativo, in Quaderni fiorentini per la storia del pensiero giuridico moderno n. 19 (1990), pp. 1-82
(disponibile in open access su: http://www.centropgm.unifi.it/quaderni/19/index.htm)

Freda Dolores, “The rulers of the land”: i justices of the peace alle origini del diritto amministrativo inglese, in Rivista trimestrale di diritto pubblico n. 1 (2020) – gennaio/marzo, pp. 189-226 (disponibile in open access tra i periodi elettronici disponibili su: https://sba.uniroma3.it/risorse/risorse-elettroniche/)

Lezione introduttiva – lunedì 12 aprile 2021, ore 14: Introduzione al Diritto dei mercati finanziari.

I lezione – venerdì 23 aprile 2021, ore 12:

I mercati finanziari: l’evoluzione della normativa. Il ruolo delle autorità di vigilanza e delle società di gestione del mercato.

II lezione – venerdì 30 aprile 2021, ore 12:

Gli emittenti strumenti finanziari e gli obblighi di informativa al mercato.

III lezione – venerdì 7 maggio 2021, ore 12:

Gli strumenti finanziari ed i servizi d’investimento. La gestione collettiva del risparmio.

IV lezione – venerdì 14 maggio 2021, ore 12:

La sollecitazione all’investimento e le offerte pubbliche di acquisto e scambio.

V lezione - venerdì 21 maggio 2021, ore 12:

L’apparato sanzionatorio.

Materiale didattico:

S. FORTUNATO - F SCANNICCHIO, Il mercato mobiliare, in AA.VV., Diritto commerciale, 2° edizione, capitolo XXIV, Cedam, Milano, 2020.

Altre letture saranno indicate durante le lezioni.

The class aims to achieve the knowledge of mediation, conciliation and negotiation system, with special reference to the ADR devices and how they are related to civil proceedings. The class will be coordinated to Civil Procedure I and II classes.
During the first part, an high attention will be reserved to the different hypothesis of conciliation; the second part will be focused to the analysis of the decreto legislativo n. 28/2010 as well as to the decreto legge n. 132/2014.
Passing an oral exam is fundamental to achive 2 CFUs; class attendance is mandatory.
Oral exams will be set the same days of Civil Procedure I and II ones.

One of the suggested civil procedure manuals. Specific papers will be suggested in class.

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.

Teaching Plans “for other courses and seminars”

Academic Year 2020/2021 “second semester”

Name of course: “Street Law”
Instructor: Prof.ssa Rebecca Spitzmiller CREDITI (CFU) 4

Scientific Disciplinary Sector (SSD): IUS 02 Private Comparative Law

Period in which the course will be held: To be determined

LEARNING OBJECTIVES:
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.

Brief description:
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.

Various articles and regulatory norms.

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, 2020 (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, 2019; Comoglio-Ferri-Taruffo, Lezioni sul processo civile, I, il Mulino, 2011; Consolo, Spiegazioni di diritto processuale civile, II, Giappichelli, 2019; Luiso, Diritto processuale civile, II, Giuffré, 2019; Punzi, Processo civile, Sistema e problematiche, II, Giappichelli, 2010.

The course will be divided into two parts: in the first will be explained the main theoretical notions regarding canonical marriage and its elements and the canonical procedure for obtaining marriage nullity. These will be followed by the analysis of some jurisprudential cases.

The teacher will provide the didactic material for the discussion on the cases of jurisprudence. For the theoretical part the volume:

- Enrico Vitali - Salvatore Berlingò, Il matrimonio canonico, Giuffrè, Milano 2017 (V ed.).

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 - Execution

The Reference Volume is:
M. Ceresa-Gastaldo, Procedura penale delle società, Giappichelli, Turin, 2019.

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’s structure is composed of a number of lectures on the main topics of international arbitration. The approach of teaching is aimed at stimulating the active participation of students. The course’s main objective is the acquisition of both academic and practical knowledge. The development of practical skills will be encouraged through the organisation of drafting workshops and mock arbitration hearings.

Course Learning Activities
The course consists in lectures on the main subjects of international arbitration followed by presentations and seminars that are meant to support the lectures and encourage interactive student participation.

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

L’insegnamento si propone di esaminare il tema della responsabilità extracontrattuale nell’esperienza giuridica romana in chiave casistico problematica con specifico riguardo ai profili rimediali e al controverso tema della ‘natura’ e della ‘funzione’ dell’actio ex lege Aquilia. 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 è diretto, in via prioritaria, ad approfondire, secondo un approccio prevalentemente esegetico, che privilegia l’analisi tecnica dei casi concreti esaminati nei singoli responsi giurisprudenziali, il 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 corso si propone altresì di approfondire la nuova configurazione assunta dall’azione aquiliana nel diritto giustinianeo caratterizzata dalla generalizzazione della sua funzione risarcitoria.

I materiali di studio ad uso degli studenti, 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

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, Padova, Cedam, 2021

Separation and Divorce Proceedings, Judicial protection of children born out of wedlock; ADR in family law disputes.

Mandrioli-Carratta, Diritto processuale civile, Giappichelli, 2019, vol. III, Capitolo IV - I procedimenti di cognizione speciali non sommari, sez. I - I procedimenti in materia di stato e capacità delle persone.

https://giurisprudenza.uniroma3.it/wp-content/uploads/sites/3/file_locked/2021/03/Calendario-EPIC-studenti.pdf

ETTORE BATTELLI, Diritto privato delle persone minori di età, Giappichelli, Torino, 2021 (pp.1-164).

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

Structural functions of law - Legal system - Legal order

L.Mengoni-F.Modugno-F.Rimoli, Sistema e problema. Saggi di teoria dei sistemi giuridici, II ed., Giappichelli, Torino, 2017.

The course includes frontal lessons 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. Six exercises are planned: four will take place in the classroom and two will be done at home, with the supervision of the teacher. While waiting for a complete resumption of the activities of the legal libraries and considered the electronic delivery of the course, the exercises - in the main time - will be carried out with the aid of the databases that the University Library has made accessible. The main operating modes will be illustrated during the lessons.

The teaching material will be indicated during the lessons and will be available on Microsoft Teams.

Liability for medical omission: causal connection and security position;
The medical fault: Balducci and Gelli-Bianco acts.
Principle of expectation and medical team.
Causes of justification and surgical medical activities: the informed consent.
End of life choices: Welby and Dj Fabo cases.
The responsibility of the psychiatrist for acts committed by the patient. The new REMS system.
The responsibility of the doctor during the Covid-19 emergency.

A. Massaro, Questioni di fine vita e diritto penale, Giappichelli, 2020.

The training activity proposes to provide the basic knowledge of Roman public law, with reference to all the most relevant issue, including criminal law, the Roman sources of law and the role of the jurists, always linked to the social, political and economic context of Roman.
Topics covered:
constitutional right;
administrative law;
criminal law;
sources of Roman law.

Lorenzo Fascione, Manuale di diritto pubblico romano, Seconda edizione, G. Giappichelli Editore, Torino, 2013, da pag. 120 a pag. 173 da pag. 186 a pag. 195; da pag. 209 a pag. 231

The training activity proposes to provide the basic knowledge of Roman public law, with reference to all the most relevant issue, including criminal law, the Roman sources of law and the role of the jurists, always linked to the social, political and economic context of Roman.
Topics covered:
constitutional right;
administrative law;
criminal law;
sources of Roman law.

Lorenzo Fascione, Manuale di diritto pubblico romano, Seconda edizione, G. Giappichelli Editore, Torino, 2013, da pag. 35 a pag. 120 da pag. 177 a pag. 186.

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 will provide students with an in-depth analysis of freedom of speech as a crucial topic in the ethical framework of contemporary constitutional democracy, as well as in the public opinion. It will encourage students in engaging in critical discussions amongst them, and with the invited speakers (which will be expected to provide a methodologically and substantially diverse approach to the topic).

reading materials (case-law, scholarly papers) will be suggested during the course and made available through the e-learning website of the Law Department

seminars. Topics and speakers are listed in the poster

reading materials are available through the e-learning website of the Law Department

This course is meant to introduce students to legal English. The main aims of the book and of the matarials available at the professor dashbord are:
1- the students' acquisition of a specific legal terminology and usage of legal English;
2- providing an overview of the UK and U.S. legal systems and a stimulate a comparison between them and the Italian and the European legal systems (CLIL);
3- Through daily lectures, written assignments, and in-class exercises students will practice a wide array of legal English skills ranging from legal reading and writing strategies to oral presentations thus developing a linguistic and metalinguistic awareness.
4- developing competences of textual analysis and of critical analysis of texts dealing with legal issues;

Boyd, Michael S., English for Law, Bari, Neldiritto Editore, 2018, pp. 106-107; 111; 114-124; 127-128; 137-139; 143-150; 152-159; 186-193; 197-216; 230-254.

All the materials available at the e-learning page for this course.

This course is meant to introduce students to legal English. The main aims of the book and of the matarials available at the professor dashbord are:
1- the students' acquisition of a specific legal terminology and usage of legal English;
2- providing an overview of the UK and U.S. legal systems and a stimulate a comparison between them and the Italian and the European legal systems (CLIL);
3- Through daily lectures, written assignments, and in-class exercises students will practice a wide array of legal English skills ranging from legal reading and writing strategies to oral presentations thus developing a linguistic and metalinguistic awareness.
4- developing competences of textual analysis and of critical analysis of texts dealing with legal issues;

Boyd, Michael S., English for Law, Bari, Neldiritto Editore, 2018, pp. 106-107; 111; 114-124; 127-128; 137-139; 143-150; 152-159; 186-193; 197-216; 230-254.

All the materials available at the e-learning page for this course.

This course is part of the program "Studying Law at Roma Tre," thus, attendance is required. Students who want to attend this course must complete a pre-registration form to enroll. Download the form here. http://www.giur.uniroma3.it/studying_law/programs/Application%20Form%20for%20Study%20Law%20at%20Roma%20Tre%20Courses%20and%20Seminars%20RS_perpetua.doc
The course is related to the Economic Analysis of Law course.

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

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, INCLUDING:

FOR CONTRACTS:
• H. BEALE, B. FAUVARQUE-COSSON, J. RUTGERS, D. TALLON, S. VOGENAUER, CASES, MATERIALS AND TEXT ON CONTRACT LAW, 2ND ED., HART PUBLISHING, 2010

FOR TORTS:
• M. Bussani, A. J. Sebok, Comparative Tort Law- Global Perspectives, Elgar Publishing

PLUS VARIOUS CASES AS NOTED IN THE SYLLABUS.
SUPPORTING / RECOMMENDED COURSE READING MATERIAL: NON-COMPULSORY SELECTED READINGS WILL BE RECOMMENDED DURING THE COURSE FOR SPECIFIC TOPICS.

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.

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 and it is available for download on line at www.giur.uniroma3.it, in the personal page of Professor Antonella Massaro (Didattica - Link utili).

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
The course consists of lectures on the main aspects of a legal system. Each module will be supported by seminar on specific topics, using legal material (legislation, decisions, statistical data, legal writings).

V. Zeno-Zencovich, Comparative legal systems. A short introduction, Roma TrE-Press, 2017 (scaricabile liberamente dal sito della Roma TrE-Press)

The following topics will progressively be covered during the course:
1) Introduction and Historical Overview of the Development of International Human Rights Law.
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: what rights are “human rights” in international law? “Generations” of human rights and the distinction between civil/political rights and economic/social rights. Are human rights really indivisible, interdependent, interrelated and mutually reinforcing?
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. The UN Human Rights Council, the Universal Periodic Review, and other UN mechanisms.
7) The Inter-American system: the American Convention on Human Rights and the Inter-American Court and Commission on Human Rights.
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) Insights on 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) Domestic implementation of, and compliance with, international human rights obligations: the respective role of national legislator and domestic courts, including constitutional courts.

The recommended textbook for this course is

D. Shelton, Advanced Introduction To International Human Rights Law. Cheltenham - UK: E. Elgar, 2014.

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

Basic knowledge of EU financial law using relevant legal texts and European Court of Justice decisions.

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 activity accompanies the Course "International Protection of Human Rights, Legal Clinic", i.e. a legal clinic in international human rights law. The Course requires students enrolled to draft written papers in English that may be legal researches, translations, drafts in the context of the lodging of petitions, third-party interventions and applications before international jurisdictions and organs, gathering of information on selected States and themes (e.g. women rights, domestic violence, LGBTQI rights, armed conflicts).

The activity does not require the study of a specific textbook, as documents to be studied depend on the projects entrusted to the clinic.

This course will provide an overview of the major issues related to the impact of digitalisation, interconnected networks, and artificial intelligence on contemporary law. Namely, it will focus on data-driven innovation and will explore the complex relationship between social and technological change and the evolution of the law. Controversial issues such as the regulation of digital platforms, decision making by algorithms, ownership of data, liquid surveillance, Internet of things, privacy in the social networks, smart contracting, liability in the cyberspace, will be analysed and discusses from a comparative law perspective. The main aim of the course is to provide an up-to-date overview about the major legal issues raised by the advent of digital technologies.

Students have to study all the materials detailed in the Syllabus of the course (available at http://studylaw.uniroma3.it/digital-technologies-and-the-law_c10041.aspx) and uploaded in the Roma Tre "ELearning" platform.

A list of the materials follows:

D.J. Svantesson, Extraterritoriality in the context of data privacy regulation, 7 Masaryk U. J. L. Tech. 87 (2012)

Art. 3 GDPR

ECJ, Google Spain case (C-131/12); pars. 21-61
F. Bignami - G. Resta, Transatlantic Privacy Regulation : Conflict and Cooperation, 78 Law & Cont. Prob’s 231 (2015)

ECJ, Schrems case (C-362/14)
A. Keane Woods, Litigating Data Sovereignty, 128 Yale L. J. 328 (2018) (in part. 359-371)

Arts. 44-49 GDPR

J. Drexl, Designing Competitive Markets for Industrial Data. Between Propertisation and Access, 8 JIPITEC 257 (2017)
Proposal for a Directive on the Supply of Digital Content COM/2015/0634: art. 3
GDPR : art. 7

A. Metzger, Data as Counter-Performance, 8 JIPITEC 2 (2017)
T. Dreier, Germany: Creating New Property Rights on the Basis of General Legal Concepts: Without Limits?, 2 JIPITEC 152 (2011)

ECJ, Renckhoff case (C 161/17)

Courtland, The Bias Detectives, in Nature (2018)

J. Angwin – J. Larson – S. Mattu – L. Kirchner, Machine Bias, ProPublica, 23-5-2016

State v. Loomis, 881 N.W.2d 749 (2016)
Houston Fed. Teachers v. Houston Independent, 251 F.Supp.3d 1168 (2017)

L. Edwards – M. Veale, Enslaving the Algorithm: From a ‘Right to an Explanation’ to a ‘Right to Better Decisions’?, IEEE Security & Privacy (2018) 16(3), 46–54

Art. 22 GDPR
Y.J. Chen et al., ‘Rule of Trust’: The Power and Perils of China’s Social Credit Megaproject, 32 Columbia J. Asian L. 1 (2018)

M.Hu, Algorithmic Jim Crow, 86 Fordham L. Rev. 633 (2017) (excerpts)

S. Gunther, Facebook’s Real Name Policy : A Violation of the Corporate’s Responsibility to Respect Human Rights, https://www.business-humanrights.org/

ECHR Delfi v. Estonia


Yahoo v Ajemian 84 N.E.3d 766 (Mass. 2017)

G. Resta, Personal Data and Digital Assets after Death, EuCML 201 (2018)
Washington University v. Catalona, 437 F. Supp. 2d 985 (2006)

C. Piciocchi et al., Legal issues in governing genetic biobanks, J. Community Genet. (2018) 9:177–190
European Commission, The disruptive nature of 3d Printing
European Parliament, Report on three-dimensional printing, a challenge in the fields of intellectual property rights and civil liability

O. Lobel, The Law of the Platform, 101 Minn. L. Rev. 87, 166 (2016)

ECJ, Uber case (C-434/15)

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.

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.

Course description: The course’s structure is composed of a number of lectures on the main topics of international arbitration. The approach of teaching is aimed at stimulating the active participation of students. The course’s main objective is the acquisition of both academic and practical knowledge. The development of practical skills will be encouraged through the organisation of drafting workshops and mock arbitration hearings.

Course Learning Activities
The course consists in lectures on the main subjects of international arbitration followed by presentations and seminars that are meant to support the lectures and encourage interactive student participation.

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