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 only:

1. The examination will focus only on lesson notes and handouts provided by the Professor.
2. C. FANTAPPIE', Per un cambio di paradigma. Diritto canonico, teologia e riforme nella Chiesa, Bologna, Dehoniane, 2019, pp. 192.

Will be considered as attending only the students who have attended the 2/3 of classes and seminars.


For students who do not attend classes to choose the program No. 1 or the program No 2:

PROGRAM No. 1

G. DALLA TORRE, Lezioni di diritto canonico, 5 edizione, Torino, Giappichelli 2018;


P. GROSSI, Diritto canonico e cultura giuridica, in Quaderni fiorentini, 32 (2003), pp. 373-389, viewed and downloaded online at the following link: http://www.centropgm.unifi.it/cache/quaderni/32/0374.pdf


P. GROSSI, Æquitas canonica, in Quaderni fiorentini, 27 (1998), pp. 379-396, viewed and downloaded online at the following link: http://www.centropgm.unifi.it/cache/quaderni/27/0380.pdf


PROGRAM No. 2

C. FANTAPPIE’, Storia del diritto e delle istituzioni della Chiesa, Bologna, Il Mulino 2011;

P. GROSSI, Diritto canonico e cultura giuridica, in Quaderni fiorentini, 32 (2003), pp. 373-389, viewed and downloaded online at the following link: http://www.centropgm.unifi.it/cache/quaderni/32/0374.pdf

P. GROSSI, Æquitas canonica, in Quaderni fiorentini, 27 (1998), pp. 379-396, viewed and downloaded online at the following link: http://www.centropgm.unifi.it/cache/quaderni/27/0380.pdf


FOR MORE INFORMATIONS, REFER TO THE FACULTY WEBSITE WHERE THERE IS THE PAGE RESERVED TO PROFESSOR’S DIDACTIS.

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 will be devoted to the history of the Legal fictions between Roman inheritance and Medieval innovations, and it will be divided into two sections:

1) Understanding of the concept of "Ius commune", with a specific attention to the founding moment of Ius Commune between the 12th and the 14th century.

2) History of Legal fictions, between Roman inheritance and Medieval innovations.

Students who will attend the lessons will be given reference literature during the course.

----

Non-attending students:

"Cittadinanze Medievali. Dinamiche di Appartenenza a un Corpo Comunitario", a cura di S. Menzinger, Roma, Viella, 2017.

E. Cortese, "Il Rinascimento giuridico medievale", Roma, Bulzoni editore 1996, qualsiasi ristampa.

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.

The course aims to address the following contents:

Historical and geopolitical picture of China Evaluation of peculiarities and criticalities

The Chinese legal system: between civil and common law

Evolution of the Chinese legal system: from the dynasty period up to the codification

Chinese language: peculiarities of legal terminology and translation problems

Sources of the Chinese law: sources of production, sources of knowledge

Role of jurisprudence: the Guiding Cases

China's accession to the WTO

Constitutional law

General principles of the civil law

Contract Law

Direct and indirect forms of investments

intellectual property: Trademark Law and Patent law

Chinese judicial system

Bases of Administrative law

Toti E., Elementi di Diritto Cinese, Parte Generale, Aracne, 2010.
Toti E., Elementi di Diritto Cinese, Parte Speciale, Aracne, 2011.
Rossi G. (A Cura Di), Stato e Società in Cina. Comitati Di Villaggio, Organizzazioni Governative, Enti pubblici, Giappichelli, Torino.
Formichella L., Terracina G., Toti E. (A Cura Di), Diritto Cinese e Sistema Giuridico Romanistico.
Contributi, Giappichelli, Torino, 2004. Di questo volume, solamente i seguenti brani selezionati:
i) Jiang Ping, Il diritto romano nella Repubblica Popolare Cinese
ii) Yang Zhenshan, La tradizione filosofica del diritto romano e del diritto cinese antico e l'influenza del diritto romano sul diritto cinese contemporaneo
iii) Jiang Ping, Il risorgere dello spirito del diritto romano in Cina
iv) Sandro Schipani, Il diritto romano in Cina
v) Ding Mei, Introduzione al diritto cinese contemporaneo
vi) Xu Guodong, Il diritto romano come ponte tra diritto cinese e diritto latinoamericano
vii) Sandro Schipani, La nuova legge cinese in materia di contratti e il diritto romano come base di essa e della comunicazione con i codici del sistema romanistico

Students who do not attend the course
Toti E., Elementi di Diritto Cinese, Parte Generale, Aracne, 2010.
Toti E., Elementi di Diritto Cinese, Parte Speciale, Aracne, 2011.
Rossi G. (a cura di), Stato e Società in Cina. Comitati Di Villaggio, Organizzazioni Governative, Enti Pubblici, Giappichelli, Torino.
Formichella L., Terracina G., Toti E. (a cura di), Diritto Cinese e Sistema Giuridico Romanistico. Contributi, Giappichelli, Torino, 2004.

GENERAL MATHEMATICS PROGRAM a.a 2019-2020
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.

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.

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, CEDAM, 2012 (pp. 75-123; pp. 137-215; pp. 220-243; pp. 244-253; pp. 255-279; pp. 292-299; pp. 304-309; pp. 321-335; pp. 364-377; pp. 399-470)

Alternatively:

David Boddy, Management: an Introduction, Financial Times Prentice Hall, 2011
Leslie K. Breitner and Robert N. Anthony, Essentials of Accounting, Pearson, 2013

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.

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, CEDAM, 2012 (pp. 75-123; pp. 137-215; pp. 220-243; pp. 244-253; pp. 255-279; pp. 292-299; pp. 304-309; pp. 321-335; pp. 364-377; pp. 399-470)

Alternatively:

David Boddy, Management: an Introduction, Financial Times Prentice Hall, 2011
Leslie K. Breitner and Robert N. Anthony, Essentials of Accounting, Pearson, 2013

First part: BUSINESS ADMINISTRATION
1) Business Economics and Accounting. General company characters. The firm as an economic entity: General characteristics of the firm. Corporate entities: legal and economic identities. Types of firms.
2) 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. Income and profitability. Social responsibility and sustainability. The process of dimensional growth of companies: the main characteristics, nature, structure, internal exchange and production operations in groups of companies.
3) 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
Double-entry theory and method. The double-entry method applied to the income system in production companies. The accounting records of the incorporation operations and of the main operations. The accounts for closing and reopening the accounts.

Part I
ZANDA, Lineamenti di Economia Aziendale, Edizioni Kappa, Roma, 2006;
Part II
T.ONESTI et al. (a cura di), Esercitazioni di economia aziendale, Giappichelli, Torino, 2013 (ebook).

During the lessons, the teacher will provide additional support material through the website of the chair: https://onestieconomiaaziendale.wordpress.com/

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.

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

Compulsory readings:

For a general overview see:
Pinton, S. and Zagado, L. (eds.), “Cultural Heritage. Scenarios 2015-2017”, Venezia: ed. Ca' Foscari, 2017. Available online at: https://edizionicafoscari.unive.it/it/edizioni/libri/978-88-6969-225-3/.

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.

The course aims to provide the foundations of International Economic Law, integrated with notions of finance law, particularly important today to understand economic flows. An introduction to international law follows a second part focusing on economic institutions (World Bank, International Monetary Fund, World Trade Organization, etc.) and a third part on the settlement of disputes. International finance law is investigated starting from sovereign wealth funds and other long, medium and short-term investment funds. Particular attention is given to technological innovation which is the foundation of the current evolution of International law.

Textbooks (alternative)
Elena Sciso, Appunti di diritto internazionale dell'economia, Giappichelli Editore
Maria Rosaria Mauro, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, ESI 2019

Suggested: F. Bassan, Potere dell'algoritmo e resistenza dei mercati, Rubbettino 2019.

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.

The course aims, first of all, to provide an overview of the role and the main functions of the financial system. The central part of the course is dedicated to an analysis of the technical characteristics and of the economic and management profiles of financial instruments and markets. Finally, the course presents the objectives as well as the organization and the behavioral models of financial intermediaries, also considering the role of regulation and supervision.
1. Real economy, financial system and financial intermediation
2. Theory of financial intermediation
3. Financial instruments
4. Financial markets
5. Banking
6. Investment services and asset management
7. Insurance
8. Payment systems
9. Risks in financial intermediation
10. Regulation and supervision
11. Monetary policy

Mishkin F.S., Eakins S.G. (2014), Financial Markets and Institutions, eighth edition, Pearson.

1. Financial system and financial intermediation
2. Theory of financial intermediation
3. Risks in financial intermediation
4. Financial instruments
5. Financial markets
6. Banking
7. Investment services and asset management
8. Insurance
9. Regulation
10. Re-regulation and supervision
11. Monetary policy
12. Payment systems

Nadotti, Porzio, Previati (2017, terza edizione), Economia degli intermediari finanziari. McGraw-Hill

The Course aims to provide an overview of the role and the main activities carried out by the banks in the investment banking business; the influence of the regulation; the organizational and management aspects; the technical characteristics and economic profiles of the corporate finance transactions; the definition, measurement and management of the typical risks.

Forestieri G. (2018), Corporate and Investment Banking, fourth edition, Egea, Milan.

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 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, 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 COURTS AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS THAT WILL BE MADE AVAILABLE ALONG WITH A SET OF SLIDES.
NO TEXT BOOK IS USED.
SOME MATERIALS ARE PURELY OPTIONAL AND STUDENTS CAN AVAIL THEM SELF OF THEM IS THEY WANT TO DEEPEN THEIR KNOWLEDGE OF THE SPECIFIC TOPIC.
ACADEMIC PAPERS, CASES AND MATERIALS WILL BE DOWNLOADED THROUGH THE E-LEARNING PLATFORM BEFORE THE BEGINNING OF THE COURSE AT TIMES 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.

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

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

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

AN ADDITIONAL READING LIST WILL BE ISSUED DURING LECTURES.

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

-Ettore Battelli, Diritto Privato dello Sport, Giappichelli, Torino, 2019.
-Giuseppe Liotta – Laura Santoro, Lezioni di diritto sportivo, Giuffrè, Milano, 2018, pp. 2-119.

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, Naples, Editoriale Scientifica, 2018.

- 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

- V. MANES, Il giudice nel labirinto. Profili delle intersezioni tra diritto penale e fonti sovranazionali, Dike, 2012 (171 pagine)
- Judgements and comments by doctrine given to students at the beginning of the course

Students may find learning material at the Library of the Department of Law and also on line, available for download, at www.giur.uniroma3.it, in the personal page of Professor Antonella Massaro (Didattica - Link utili).

COURSE DESCRIPTION AND CONTENT

The course, very important for learning how to search and write the final thesis, aims at providing the students with a thorough knowledge on 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.
The lectures focus on research and group activities, with exercises conducted in the library, in the computer lab and in Piazza Telematica, with the use of several technological systems, such as Gmail, Google Drive, Drop Box e similar tools, Certified Electronic Email (PEC), Skype and Registered email (T-Notice).
The course introduces the students to the methodology for solving the practical issues connected to the documentation and legal communication within the organization of the Civil Telematic Process.
The list of topics includes but is not limited to the following:
- Legal documentation from the mass media until the development of professional tools
- Classical research tools in paper archives (structure and methodology):
o Collection of legislation, literature, jurisprudence
o Official collection of the jurisprudent of the Italian Court of Cassation
o Collection of jurisprudence (in general and sectorial)
o Law journals
o Official Gazette of the Italian Republic and Official Journal of the European Union
o Official Gazette of the Italian Republic, 1st special section, related to the Italian Constitutional Court
o Collection of laws
o Collection of collective bargaining
o Guide to the use of unofficial public acts
o Introduction to the use of official Parliamentary acts
o Introduction to research of legislation
o Introduction to research of jurisprudence
o Introduction to the research of common grey literature publications
o Introduction to the research of scholarly papers
o Introduction to the methodology for the creation of a personal hardcopy archive
o Introduction to the methodology for the layout of a traditional hardcopy document
o Introduction to the methodology for writing a bachelor or master thesis
o Introduction to the organization of a group research and to the planning of related activities
o Introduction to the organization of a group work and to the planning of related activities
o Legal informatics and legal thinking skills
o Introduction to the methods for consulting and writing an entry of the Collection of legislation, literature, jurisprudence
o Introduction to the methods for consulting and writing a judicial maxim and related keywords, note and other comments on the judicial decisions, including the judgements of the Italian Constitutional Court, Italian Court of Cassation, Courts of first instance, Council of State, Court of Justice of the European Union

REQUIRED MATERIALS
- Demo database 2010-2011 provided on free DVD
- Guide to Collection of legislation, literature, jurisprudence (freely available in the library in hard copy)
- Journal in hard copy
- Recommended readings
- Full confidence in consulting official documents available on the following websites: Official Gazette of the Italian Republic, Normattiva, Official Journal of the European Union, EUR-Lex, Court of Justice of the European Union, Italian Parliament, Italian Government, Italian Constitutional Court, Italian Court of Cassation, Administrative Justice, Court of Auditors, Public Authorities
- Digital guides to the use of professional software

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)

“European Integration Law” is an advanced course of European Union Law. It focuses on some selected topics that should be already relatively familiar to students, with the purpose of providing additional awareness and an in-depth knowledge of the relevant case-law of the Court of Justice of the European Union (CJEU) and the doctrinal debate. Those topics are as follows:
1. Constitutional principles of the European Union (primacy and effectiveness of EU law, autonomy of the EU legal order, mutual trust).
2. The Charter of Fundamental Rights of the EU and the European Convention of Human Rights (including the relevant case-law of the European Court of Human Rights)
3. EU citizenship law.

Course Learning Activities
1) Presentations prepared by students on pre-established topics. The relevant supporting material will be indicated in due time.
2) Discussion on topics presented by the Professor
3) Discussion of cases as applicants/defendants

No textbook reading is required. However, the support of a textbook in English is useful to prepare presentations and/or to gain or improve one’s knowledge of specific topic(s).
Students should read the judgments presented and discussed in class (slides made available online), as well as a limited number of essays provided by the Professor.

1. Protection of computer and semiconductor programs;
2. Protection of databases;
3. Processing of personal data;
4. Computer documents;
5. Contracts by computer (in particular: electronic commerce);
6. Telecommunications law;
7. The provider's liability;
8. Electronic signatures

ZENO – ZENCOVICH V., SICA S. I
Manuale di diritto dell’informazione e della comunicazione,
IV – V edizione
Cedam, Padova, 2014, capitolo I, III sezione prima solo lettura sez. II e III da studiare, VII, VIII, IX, X, XI.

PASCUZZI G. (CURATORE)
Il diritto dell’era digitale
Il mulino, 2016

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

G. GRISI - S. MAZZAMUTO, Diritto del turismo, II ediz., Torino, 2018.

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 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, seconda edizione, 2016, Il Mulino


Study materials distributed by the teacher on European financial market authorities and on MiFID

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, 2019, only the chapters:
Capitolo III: Il trattamento dei condannati;
Capitolo IV: La sicurezza e la disciplina penitenziaria;
Capitolo V: Le misure alternative alla detenzione;
Capitolo VI: Il procedimento di sorveglianza.

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, 2019

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

P. Stella Richter, Diritto urbanistico, L.E.
P. Stella Richter, Profili funzionali dell'urbanistica, L.E.

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.

First Module (30 hours)
1. Money, monetary institutions and the financial markets
2. The demand for money
3. The supply of money and the debate on its endogeneity
4. The equilibrium of the financial sector
5. The structure of the interest rates

Second Module (30 hours)
6. Money, prices, and output
7. The transmission channels of the monetary policies
8. The Gibson Paradox
9. Rules and discretion
10. Money and public finance

Bank of England, Quarterly Bulletin, Q1, 54, 1, 2014, pp. 4-28 (Module 1)
N.S. Balke and K.M. Emery, “Understanding the price puzzle”, Economic Review— Fourth Quarter 1994, Federal Reserve Bank of Dallas, pp. 15-26 (Module 2)
R. Ciccone, “Public Debt and Aggregate Demand: Some Unconventional Analytics”, in E.S. Levrero, A. Palumbo and A. Stirati (eds), Sraffa and the Reconstruction of Economic Theory: volume 2. Aggregate Demand, Policy Analysis and Growth, Palgrave Macmillan, 2013, pp. 15-28 (Module 2)
B. Friedman, “Crowding Out or Crowding In? Economic Consequences of Financing Government Deficits”, Brookings Papers on Economic Activity, 3:1978, pp. 599-603 and 609-620 (Module 2)
C.A.E Goodhart, Money, information and uncertainty, Second edition, Macmillan, 1989, pp. 24-50, 51-57, 129-137 (Module 1)
A. Lavoie, Post-Keynesian Economics: New Foundations, Edward Elgar, 2014, pp. 186-225 and 245-252 (Module 1)
M. Pivetti, “Interest and profits in Smith, Ricardo and Marx”, Political Economy. Studies in the surplus approach, 3, 1, 1987, pp. 63-74 (Module 2)
W. Poole, “Optimal Choice of Monetary Policy Instruments in a Simple Stochastic Macro Model”,
The Quarterly Journal of Economics, 84, 2, 1970), pp. 197-203 (Module 2)
J. Smithin, The theory of interest rates, in P. Arestis and M. Sawyer, A Handbook of Alternative Monetary Economics, Edward Elgar, 2006, pp. 273-290 (Module 2)
J. Tobin, “Liquidity Preference as Behavior Towards Risk”, The Review of Economic Studies 25, 2, 1958, pp. 65-86 (Module 1)
M. Vernengo, Money and inflation, in P. Arestis and M. Sawyer, A Handbook of Alternative Monetary Economics, Edward Elgar, 2006, pp. 476-489 (Module 1 and 2)
C.E. Walsh, Monetary Theory and Policy, third edition, The Mit Press, 2010, pp. 21-24, 33-71, 134-162, 195-209, 465-475 (Module 1 and 2)
C. E. Walsh, “Teaching Inflation Targeting: An Analysis for Intermediate Macro”, Journal of Economic Education, Fall 2002, pp. 333-346 (Module 2).

The public service
the transport service
the SIEG
the integrated water service
the "cultural services"
in house providing
public contracts (outline)

D.U. GALETTA, GESTIONE DEI SERVIZI PUBBLICI LOCALI E IN HOUSE PROVIDING: NOVITÀ, AUSPICI E SCENARI FUTURI IN UNA PROSPETTIVA DI DEFRAMMENTAZIONE DEL SISTEMA, IN RIVISTA ITALIANA DI DIRITTO PUBBLICO COMUNITARIO, FASC.1, 2016, PAG. 371

M. SINISI, LO SFRUTTAMENTO DELLA RISORSA IDRICA TRA DISCIPLINA EUROPEA DELLE FONTI DI ENERGIA RINNOVABILE E SVILUPPO SOSTENIBILE: ASPETTI AUTORIZZATORI E INTEGRAZIONE TRA PIANI, IN WWW.FEDERALISMI.IT

M.A. SANDULLI, AFFIDAMENTO DEI SERVIZI DI TRASPORTO PUBBLICO LOCALE SU STRADA E RIFORMA DEI SERVIZI PUBBLICI LOCALI, WWW.FEDERALISMI.IT

M.A. SANDULLI, IL SERVIZIO IDRICO INTEGRATO, IN WWW.FEDERALISMI.IT;
(*)Ulteriori indicazioni di testi e normativa verranno date a lezione

The seminar activity will cover the following topics:
Evaluation of the fumus commissi delicti and unjust precautionary detention;
Prevention of error and preliminary investigations;
Online searches,
Computer catcher;
Rules of exclusion of the test as a prophylaxis to judicial error;
Criminal trial and civil trial;
Scientific evidence and criminal trial;
The evaluation of the scientific evidence by the Court of Assise.

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

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.

Diritto penale. Casi e materiali. Mezzetti, 2018

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.

11/11/2019, at 16.00, Aula 1
Film screening
PORTE APERTE by Gianni Amelio
Discussion about
Pena di morte e sanzioni “esemplari”

18/11/2019, at 16.00, Aula 1

Film screening
LA CIOCIARA by Vittorio De Sica
Discussion about
Lo stupro in tempo di guerra

25/11!2019, at 16.00, Aula 1
Film screening
MERY PER SEMPRE di Marco Risi
Discussion about
Minori e carcere

Learning material, indicated during the lessons, is supplied to the students before the films and the conventions – seminars.
Learning material is also available for download on line at www.giur.uniroma3.it, in the personal page of Professor Antonella Massaro (Didattica - Link utili).

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 SEMINAR CONSISTS OF SIX LESSONS:
1) ANIMAL WELFARE IN NATIONAL AND EUROPEAN LAW: ART. 13 TFEU AND L. N. 281/1991
2) ANIMAL LEGAL STATUS IN THE ITALIAN CASE LAW
3) BODIES WHICH ARE AIMED AT FOSTERING ANIMAL WELFARE: THE BODY ENTRUSTED WITH ANIMAL WELFARE ESTABLISHED BY DIRECTIVE 2010/63/EU AND SIMILAR BODIES IN ITALY
4) ANIMALS IN CAGES – PART I (ANIMALS AND FASHION – THE INTENSIVE FARMING SYSTEM)
5) ANIMALS IN CAGES – PART II (ZOOS - THE RITUAL SLAUGHTER)
6) LEGAL BASIS OF THE CONCEPT OF “ANIMAL RIGHTS”

A SELECTION OF READINGS FROM VARIOUS SOURCES, SUCH AS SEVERAL DECISIONS OF THE COURTS (EUROPEAN AND NATIONAL), ARTICLES IN LEGAL PERIODICALS, DOCUMENTS OF THE INSTITUTIONS (EUROPEAN AND NATIONAL), LEGAL ACTS AND SLIDES WILL BE USED.
THE ABOVE-MENTIONED READINGS ARE NOT MANDATORY.
NO TEXT BOOK IS USED.
STUDENTS ARE ENCOURAGED TO MAKE THEIR OWN RESEARCH OF THE MATERIALS.

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 introduction of Legislative Decree 231/2001, in the matter of corporate criminal liability, represented one of the most significant events of the last decades. The course proposes to deepen the study of this topic, both through a careful analysis of its normative discipline, and through the deepening of the most relevant issues emerged in the application practice.

Diritto penale dell'impresa, Ronco-Ambrosetti-Mezzetti,from pag. 47 to pag 82.

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.

An introduction to EU IPR law(copyright, trademarks,patents)

Students will receive the relevant materials during class.

FOCUS ON 'EU LAW FOR NON EU STUDENTS'
The purpose of this course is to provide an introductory overview of European Union law, in order to make non EU students familiar with the main characteristics of such a peculiar international organization.

Students will receive the relevant materials during class.

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 about the drafting of judicial documents and issues within 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 judicial acts relating to the administrative process.

Documentation provided in the classroom

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.

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.

Calendar: from 7 October to 11 November, Monday, Tuesday, Wednesday from 2pm to 4pm, ed. Tommaseo, classroom 13

The material will be provided 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.

Business in the framework of contract law.
Contracts and corporate organization.
Contracts and business restructuring or bankruptcy.
Contracts and financial markets.

Supporting reading material for attending students:
- the judgments Cass., 12.9.2011, n. 3832; Cass., 14.11.1996, n. 9997; Cass., 26.10.2002, n. 15141; Cass., 21.12.2005, n. 28300; Cass., 14.4.2010, n. 8961; Cass., 17.1.2012, n. 551; Cass., 15.2.2013, n. 3829; Cass., 7.3.2008, n. 6192; Cass., 30.1.2003, n. 1391; Cass., 3.2.2010, n. 2517; Cass., 22.12.2015, 25796; Cass., 26.1.2010, n. 1520; Cass., 14.1.2016, n. 515.

Supporting and recommended course reading material for non-attending students:
- G. Ferri, Manuale di diritto commerciale, UTET, latest edition (part on contracts); and
- the judgments Cass., 12.9.2011, n. 3832; Cass., 14.11.1996, n. 9997; Cass., 26.10.2002, n. 15141; Cass., 21.12.2005, n. 28300; Cass., 14.4.2010, n. 8961; Cass., 17.1.2012, n. 551; Cass., 15.2.2013, n. 3829; Cass., 7.3.2008, n. 6192; Cass., 30.1.2003, n. 1391; Cass., 3.2.2010, n. 2517; Cass., 22.12.2015, 25796; Cass., 26.1.2010, n. 1520; Cass., 14.1.2016, n. 515 (or, as an alternative to these judgments, T. Di Marcello, Flussi di risorse e finanziamento dell'impresa, Giuffrè, Milano, 2010, pages 112-166).

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 course is intended to illustrate, through the direct examination of the sources of law and doctrine of the legal science in modern and contemporary Europe, the rationale of the constitutionalism in its legislative development during XVIII and XIX centuries with particular reference to France, Germany and Italy.

Particular attention will be dedicated to the evolution of English constitutionalism, which deals with different theoretical and practical profiles with respect to those relating to French, German and Italian constitution experiences.

It will be indeed to explain that English legal system was not involved to problems characterising other Countries in Europe further to the exit from the Ancient Regime through the introduction of the “sole subject of the law” and through the development of the State as legislator and its personification.

It will be further highlighted that the English legal system during the first half of the XIX century, based on the complex and articulated common law system, was not influenced by the theory of Sovereign State arising from French Revolution nor by the pushing to the need of the drafting of a written constitution.

A predominant part of the course will be dedicated to the development of the concept of State in the legal culture in Europe during ‘800 and ‘900, during the transition from its liberal approach to the totalitarian or almost totalitarian ones.

The theoretical reasons of such evolution of the concept of State will be further exanimated on the basis of the ideas of the most recent European Doctrine with reference to the matter of the rule of law (and to the connected matter of the legal formalism), citizenship and political representation.

For attendees students- in addition to the study of the notes – the following books are suggested: Tempi del diritto: età medievale, moderna, contemporanea, a cura di ELIO TAVILLA, Torino, Giappichelli, 2016, CAP. VI (pp. 271-318); MAURIZIO FIORAVANTI, Appunti di storia delle costituzioni moderne: le libertà fondamentali, III, Giappichelli, Torino 2014.

For non-attendees students the following books are suggested: M. CARAVALE, Storia del diritto nell’Europa moderna e contemporanea, Editori Laterza, Roma-Bari, 2012, cap. IV, V, VI; P. ALVAZZI DEL FRATE, Il costituzionalismo moderno. Appunti e fonti di storia del diritto pubblico, Giappichelli Editore, Torino 2007.

- 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 2017

For a more detailed study

- 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

Through careful analysis and group study of the indicated texts, the students will be introduced to the main elements of Bobbio’s democratic theory, in particular with regard to: (i) the rule of law (as opposed to the rule of men); (ii) the formal definition of democracy and (iii) the value of publicity for a democratic regime.

Bobbio, Il futuro della democrazia (1984)

i. Governo degli uomini o governo delle leggi?
ii. La democrazia e il potere invisibile
iii. Il futuro della democrazia

The course consists of seminars held by national and international guests who will deal with the issue of crime and prison in the contemporary world The criminal policy of the States is taken away from the experts, regardless of the criminal statistics and pursues interpretative stereotypes far from the reality. Prison policy is founded on the idea that there is no real alternative to imprisonment. The course will be an opportunity of specialized training that will see the participation of operators of the security, of the justice, as well as Italian and foreign sociologists.

Essays and articles to be read at seminars will be recommended.

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.

Class 14 November 2019 16:00 Room 5

Introduction to the Code of the Cultural and Landscape Heritage – 19 November 2019 14:30

“Economia della cultura tra impresa e terzo settore” Conference – 28 November 2019 14:30

Class 10 December 2019 16:00 Room 12 at the Tommaseo building

The preparation shall cover the course content

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 clinic ureport on the move is an optional formative avcitity with obligatory attendance in two modules: one module of legal clinic for access to justice for young migrants; one module on using new technologies and social media for access to justice.

Relevant sources are assigned during the course.

The course aims at investigating issues relating to the human person through the cinema, in order to understand the relationship between social reality and protection of rights. In specific, the relationship between the right to the environment and the development of immigration will being analyzed.

texts given during the course

The course is aimed to the deepening of issues related with territorial organization of the state.

texts given during the course

The theoretical profiles of constitutionalism.

Reading essays will be pointed out during the lectures.

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

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

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

The Professor will supply all the required materials (mainly slides and notes).

Provide students with the keys to understanding and interpreting some of the most relevant public law issues analyzed in the European and comparative perspective

Readings and course materials shall be provided during the course.

The training activity is divided into two parts: one theoretical and one practical.
The theoretical part is aimed at a general framework of the repression of war crimes in Italy, and will be structured in three meetings, held during the lessons of Criminal Procedure Law, respectively by Prof. Luca Lupária, Prof. Giulio Bartolini and the Attorney General Military Marco De Paolis.
During the first meeting, the documentary 'Lo Stato di eccezione' will also be screened in the classroom.
The laboratory is instead aimed at the study of case files, as well as their rationalization within the project of digitization of files relating to war crimes committed in Italy during the Second World War, promoted by the Military Attorney General at the Military Court of Appeal of Rome.

For a more in-depth study of the subject, we recommend reading the volume ''La difficile giustizia. I processi per reati di guerra tedeschi in Italia (1943-2013)'', M. DE PAOLIS and P. PEZZINO, Viella Libreria Editrice, 2016.

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 COURTS AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS THAT WILL BE MADE AVAILABLE ALONG WITH A SET OF SLIDES.
NO TEXT BOOK IS USED.
SOME MATERIALS ARE PURELY OPTIONAL AND STUDENTS CAN AVAIL THEM SELF OF THEM IS THEY WANT TO DEEPEN THEIR KNOWLEDGE OF THE SPECIFIC TOPIC.
ACADEMIC PAPERS, CASES AND MATERIALS WILL BE DOWNLOADED THROUGH THE E-LEARNING PLATFORM BEFORE THE BEGINNING OF THE COURSE AT TIMES 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.

Compulsory readings

For an overview:
Pinton, S. and Zagado, L. (eds.), “Cultural Heritage. Scenarios 2015-2017”, Venezia: ed. Ca' Foscari, 2017. Available online at: https://edizionicafoscari.unive.it/it/edizioni/libri/978-88-6969-225-3/.

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).

“European Integration Law” is an advanced course of European Union Law. It focuses on some selected topics that should be already relatively familiar to students, with the purpose of providing additional awareness and an in-depth knowledge of the relevant case-law of the Court of Justice of the European Union (CJEU) and the doctrinal debate. Those topics are as follows:
1. Constitutional principles of the European Union (primacy and effectiveness of EU law, autonomy of the EU legal order, mutual trust).
2. The Charter of Fundamental Rights of the EU and the European Convention of Human Rights (including the relevant case-law of the European Court of Human Rights)
3. EU citizenship law.

Course Learning Activities
1) Presentations prepared by students on pre-established topics. The relevant supporting material will be indicated in due time.
2) Discussion on topics presented by the Professor
3) Discussion of cases as applicants/defendants

No textbook reading is required. However, the support of a textbook in English is useful to prepare presentations and/or to gain or improve one’s knowledge of specific topic(s).
Students should read the judgments presented and discussed in class (slides made available online), as well as a limited number of essays provided by the Professor.

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

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

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.

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 only:

1. The examination will focus only on lesson notes and handouts provided by the Professor.
2. C. FANTAPPIE', Per un cambio di paradigma. Diritto canonico, teologia e riforme nella Chiesa, Bologna, Dehoniane, 2019, pp. 192.

Will be considered as attending only the students who have attended the 2/3 of classes and seminars.


For students who do not attend classes to choose the program No. 1 or the program No 2:

PROGRAM No. 1

G. DALLA TORRE, Lezioni di diritto canonico, 5 edizione, Torino, Giappichelli 2018;


P. GROSSI, Diritto canonico e cultura giuridica, in Quaderni fiorentini, 32 (2003), pp. 373-389, viewed and downloaded online at the following link: http://www.centropgm.unifi.it/cache/quaderni/32/0374.pdf


P. GROSSI, Æquitas canonica, in Quaderni fiorentini, 27 (1998), pp. 379-396, viewed and downloaded online at the following link: http://www.centropgm.unifi.it/cache/quaderni/27/0380.pdf


PROGRAM No. 2

C. FANTAPPIE’, Storia del diritto e delle istituzioni della Chiesa, Bologna, Il Mulino 2011;

P. GROSSI, Diritto canonico e cultura giuridica, in Quaderni fiorentini, 32 (2003), pp. 373-389, viewed and downloaded online at the following link: http://www.centropgm.unifi.it/cache/quaderni/32/0374.pdf

P. GROSSI, Æquitas canonica, in Quaderni fiorentini, 27 (1998), pp. 379-396, viewed and downloaded online at the following link: http://www.centropgm.unifi.it/cache/quaderni/27/0380.pdf


FOR MORE INFORMATIONS, REFER TO THE FACULTY WEBSITE WHERE THERE IS THE PAGE RESERVED TO PROFESSOR’S DIDACTIS.

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
2015 (Chapters 2- 9- 10 -13)

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 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) Carcere e fabbrica. Alle origini del sistema penitenziario di Dario Melossi, Massimo Pavarini, Il Mulino, 2018
3) Bisogna avere visto, a cura di Patrizio Gonnella, Dario Ippolito, Gli Asini, 2019, in via di pubblicazione

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 study and examination of social security law, basic and complementary, public and private. In particular, the following topics will be dealt with: social security; the legal system of social security and social assistance; contribution obligation and financing; social security relationship and benefit; sickness, family income, disability and incapacity; unemployment, employer's insolvency, wage integration; old age and early retirement pension, survivors' benefits; the complementary social security system; social assistance and citizenship rights.

R.PESSI, Lezioni di diritto della previdenza sociale, Padova, Cedam, 2014 (Section I, VII, VIII, IX, X, XI, XII, XIII, XIV. It is suggested to read also sections from II to VI).

The course will focus on the Italian Social Security System.

Lessons program covers the following topics:
- Italian Social Security System
- Employer’s duties of contributions
- Social Security and employment relationship
- Employee’s sickness
- Family income
- Disability and inability of the employees
- Unemployment
- Insolvency of the employer
- Income support
- Old-age pension (“Pensione di vecchiaia”)
- Econimic perfomances in favour of the employee’s relatives
- Extra pension scheme plan
- Welfare and Italian citizenship’s right.

R. PESSI, Lezioni di diritto della previdenza sociale, Padova, Cedam, 2016 (solo i capitoli I, VII, VIII, IX, X, XI, XII, XIII e XIV. E’ comunque consigliata anche la lettura dei capitoli da II a VI).

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 is divided into two parts. The first part describes the financial systems, composed of banks and financial markets; intermediaries and bank intermediation contracts (deposits and loans) and investment services are covered. In the second part we elbaorte on the reasons that explain the special regulation of banks and the orginis of public controls on these companies. Therefore, the authorities and main supervisory institutions are studied in depth, with particular attention to the European supervisory system.

Concetta Brescia Morra, Il diritto delle banche, Il Muliono editore, 3 ed., 2020

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 whose details will be communicated are the object of the examination

Programme
Jurisdiction and recognition of foreign decisions. The reference to foreign law. The EU rules for the unification of the conflicts of law.
Scope of the course
The law applicable to private transnational relations. Special attention will be devoted to the European Union rules on the conflicts of law and jurisdiction, also in the light of the national case law and of the decisions of the European Court of Justice.

Suggested textbooks
The following option: MOSCONI, CAMPIGLIO, Diritto internazionale privato e processuale, parte generale ed obbligazioni vol. I (8th issue, UTET, Torino, 2017) pp. 1-493 or BAREL, Manuale breve di diritto internazionale privato, Giuffrè, Milano, 2019, pp. 1-508.
Materials for attending students
During the course, materials (sources and case-law) will be made available to the students who attend the class, also in other European languages.

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.

During the Spring Semester 2020 the course will focus on the following topics:
General Introduction; Law and Historiography; Law and Literature; Law and Religion; Law and Architecture; Law and Music.

For a general introduction see
Austin Sarat, Matthew Anderson, Cathrine O. Franck (eds.), Law and the Humanities, Cambridge Univ. Press 2010
Other readings will be suggested 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

Part I. Introduction to Economics and Public Economics

I.1 Consumers' and Firms' behaviour
I.2 Demand, Supply, and market equilibrium
I.3 Welfare Economics
I.4 Market failures
I.4 Social Justice and Equity

Part II. The Economics of Public Spending and Welfare Programs

II.1 Models of Public Spending and Welfare
II.2 Public spending on education
II.3 Public spending on health services
II.4 Pensions
II.5 Income redistribution and poverty

Part III. The Economics of Market and Environmental Regulation

III.1 Market regulation
III.2 Environmental regulation

Part IV. Economic Foundations of Fiscal Federalism

IV.1 Economic justifications of fiscal federalism
IV.2 The financing of sub-national governments

Part V. Fiscal Policy and Taxation in the European Context

V.1 Objective and tools of fiscal policy
V.2 Some economics of European Union construction and functioning
V.3 The harmonisation of national Value Added Tax systems

Reference textbooks

Rosen H.S., Gayer T. (2014), Public Finance. Tenth edition. McGraw-Hill
Ch. 1, 3, 7, 9, 10, 11, 12, 13, 20

Cullis J., Jones P. (2009), Public Finance & Public Choice. Third edition. Oxford University Press
Ch. 12, sections 1, 2, 4, 5, 6, 7.1

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, 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 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.

Students must know the legislation on constitutional justice, which can be taken from the website of the Constitutional Court. The relevant legislation is also collected in M. Siclari (edited by), Norme relative ai giudizi di competenza della Corte costituzionale, IV ed., Roma, Aracne editrice, 2019.

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)

Constitutional profiles of social rights to health and social assistance;
Health planning, social service planning, and essential care levels (LEAs);
The division of legislative and administrative competences and the forms of liaison between state and local authorities;
The organization of the National Health Service and Regional Health Services;
The liability of the medical structures.

A. Pioggia, Diritto sanitario e dei servizi sociali (capitoli I, II e III), Giappichelli 2018, II edition and other documents available on the "e-learning" on-line platform.

Part I - 30 hours
1. From the regulation on the budget of the civil code to the international accounting principles
- the civil code and the most recent innovations
- national accounting standards
- the process of homologation of international accounting standards and financial reporting
- the new generation accounting directives

2. The approved IAS principles: analysis of the main ones (among which)
2.1. IAS 1 and framework
2.2. IAS 2 inventories
2.3. IAS 11
2.3. IAS 16 fixed assets and plant
2.4. IFRS 16 leases
2.5. IAS 38 intangible assets
2.6. IAS 36 impairment
2.7. IAS 40 real estate investments
2.8. IFRS 9, IAS 39 - IFRS 7 financial instruments
2.9 IFRS 3 business combinations
2.10 IFRS 4 insurance contracts


Part II - 30 hours
1. Concrete applications of the accounting standards examined
2. Practical case: analysis of an IAS - IFRS balance sheet for an industrial sector company
3. The projects currently underway at the IASB: outline of the main new elements
4. The balance between financial accounting and management accounting
5. The accounting models for the preparation of the financial statements

Zanda G, Il bilancio delle società, Lineamenti teorici e modelli di redazione, Giappichelli, 2007
S. Pucci, L’iscrizione nel bilancio delle società quotate delle operazioni di gestione del rischio finanziario, Giappichelli, Torino, 2010


Lecture notes prepared by the teacher already published on the faculty website

Readings chosen from those selected by the teacher and indicated in the classroom
Other support material indicated from time to time in the classroom

It is possible to provide part of the material in English

Basic concepts in risk management and insurance
Insurance regulation
Insurance Company Operations
Life Insurance
Property and casualty insurance

George E. Rejda, Michael McNamara (2013) Principles of Risk Management and Insurance (12th Edition) (Pearson Series in Finance)

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.

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

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

*****

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

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

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

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

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

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

STOCHASTIC CASH-FLOWS AND INSURANCE CONTRACTS
Expected Value Criterion
Utility Function
Expected Utility Criterion

BASIC DISTRIBUTION MODELS IN LIFE INSURANCE
Random Future Lifetime of a Life aged x
Life tables

LIFE INSURANCE: PRICING
Elementary life insurance products
Survival benefits
Death benefits
Endowment insurance products
Single premium and periodic premiums. Natural premiums

LIFE INSURANCE: RESERVING
Net Premium Reserve. Prospective Reserve
Retrospective Reserve
The time profile of the policy reserve
Recursive equations. Risk and savings
Homans’ Formula. Expected Profit

EXPENSE LOADINGS
The Expense-Loaded Premium
Expense-Loaded Premium Reserves
Counterinsurance

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PENSION PLANS
Social security framework
Contributions and benefits
Funding system
Benefits calculation
Demographic risks
System sustainability
Contributions calculations
Supplementary pension schemes
Old-Age, Survivors and Disability Insurance (OASI/IV) scheme
Exact Individual Trajectories (E.I.T.)

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

The Small Savers Protection Legal Clinic (SSPLC) provides students with a qualified legal education on the legal framework about consumers and small savers protection in the banking and financial sector, especially as regards the enforcement of their rights and the filing of claims before the "Arbitro Bancario e Finanziario" (ABF - for banking issues) and the “Arbitro delle Controversie Finanziarie” (ACF – for financial issues); builds a network cooperation between academics and professionals; promotes knowledge of alternative methods of dispute resolution within the academic community and amongst.
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.

Students will receive the relevant materials during class.

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

Required reading for the class discussion

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

Suggested preliminary readings

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

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

The course will analyze the models of protection of rights-fundamental rights in the Italian Constitution-the principle of equality-freedoms-social rights and constitutional duties.
Particular attention will also be paid to the issue of women's rights in the Constitution and to the so-called multilevel protection of rights.

P. Caretti - G. Tarli Barbieri, I diritti fondamentali. Libertà e diritti sociali, Giappichelli, Torino, IV ed., 2017, con esclusione dei capitoli II, XIII (dal 13.8 in poi) e XIV, nonché dei seguenti paragrafi: 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, 10.23, 10.24, 11.6, 12.7, 12.11, 12.12, 12.14

e un testo a scelta tra:
R. Bin, Critica della teoria dei diritti, FrancoAngeli, 2018.
M.D'Amico, I diritti contesi. Problematiche attuali del costituzionalismo, FrancoAngeli, 2016.

The Course will be scheduled as follows:

1) Protection of fundamental rights and protection of personal data: lectures about fundamental rights, in the national and European constitutional framework, with particular regard to the evolution of the right to privacy and protection of personal data. The teacher will guide students in reading and examinating the case-law, with reference to the Constitutional Court, the Court of Justice of the European Union and the European Court of Human Rights.

2) Focus on the Privacy Code and the new European regulation: lectures and seminars related to the legislation on protection of personal data, from a theoretical perspective:
- Legislative Decree no. 196/2003: the general principles of the Privacy Code; definition of controller, processor, recipient; transparent information and consent; data subjects' rights; the processing of personal data in the public and private sectors; duties and functions of the Data Protection Authority .
- Regulation on data protection (EU Regulation 2016/679): the approval process; material and territorial scope ; the general principles of processing personal data; protections for special categories of personal data; Relations between data protection authorities and consistency mechanism; principle of accountability (privacy by design and privacy by default, privacy impact assessment, the figure of the data protection officer.

3) Focus on Data Protection Authority: analysis of decision-making and advice of the Data Protection Authority in the most important areas; explanation of the main measures taken by the Authority to introduce safeguards and security measures, including the penalties imposed, in the following areas:
- Public and private health: electronic medical record and medical dossier, authorization on genetic data;
- Internet and electronic communication: spam and the profiling systems;
- Public administration: transparency in the light of the new FOIA;
- Journalism: guarantees for free expression including the relationship with the institutional communication.

4) Law Clinic: advice on legal issues related to data protection.

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

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, 16th 2020, and will take place every Monday, Tuesday and Wednesday, 2.00 p.m. - 4.00 p.m, room 248, 2nd floor, via Ostiense 161 building.
Class will end by the last weeks of May 2020.
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.

GLOBALIZATION CIVIL LAW
The topic of the course is the impact of globalization on legal institutions, and in particular on private law.

For students who are NOT attending:
C. Salvi, Capitalismo e diritto civile, il Mulino edit., 2015;

For students attending:
C. Salvi, Globalizzazione e critica del diritto, e le sentenze in materia di proprietà,
contratto, beni comuni, responsabilità civile, diritti della persona, famiglia, sistema
delle fonti; tali materiali saranno distribuiti durante le lezioni.

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.

PROGRESS OF CIVIL LAW: CONTRACT INTERPRETATION
The course intends to analyse the techniques and the modalities of interpretation of contracts, through the study of cases that involve the main legal institutes of private law.

A. Gentili, Senso e Consenso, Giappichelli, Torino, 2015, Vol. I “Storia e teoria”, pp. 287-329, Vol. II “Tecnica”, pp. 331-402 and 481-655.
Attending students are exempted from the study pp. 331-402 (Vol. II).
The in-depth teaching materials are made available in the web-site e-learning.

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.
The objective is to enable students, in addition to learning the specific discipline, to know the current status of the infiltration of criminal organizations in our country.

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

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

Procedural Law Of The Crisis And Insolvency, althought the management of crisis and insolvency, particularly in the dynamics of business, originate in private field, it normally takes place by jurisdictional proceedings. The course aims to give a systematic concept of the procedural law of the crisis and insolvency, coordinating the outlines of the business legal context with the statutes in civil procedural matter.

Texts will be indicated.

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 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.

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. 2019-2020

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.

The discipline "comparative constitutional law": history, contents and method
Constitution, sources and forms of law production
Constitutional law and constitutionalism
The democratic principle and the principle of separation of powers
Forms of state
Systems of government
Relations centre-periphery
Judiciaries
Constitutional justice
Rights and freedom
Beyond western constitutional law

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 books
- P. Carrozza, A: Di Giovine, G. F. Ferrari, Diritto costituzionale comparato, Roma-Bari, Laterza, 2019
- T. E. Frosini, Diritto pubblico comparato, Le democrazie stabilizzate, Bologna, Il Mulino, 2019
- G. Morbidelli - L. Pegoraro - A. Rinella - M. Volpi, Diritto pubblico comparato, Torino, Giappichelli, 2016

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, Roma-Bari, Laterza, 2019
- T. E. Frosini, Diritto pubblico comparato, Le democrazie stabilizzate, Bologna, Il Mulino, 2019
- G. Morbidelli - L. Pegoraro - A. Rinella - M. Volpi, Diritto pubblico comparato, Torino, Giappichelli, 2016
2) Readings to be agreed with the teacher on topics discussed during the course
For the selection of book chapters and the 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)

OBBIETTIVI FORMATIVI DEL CORSO

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.

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 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 the textbook and in part on readings suggested in class by the Professor.

Students not attending the course will take the final exam in oral form on the whole textbook.

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

Introductory lecture – Monday March 25 2019, h. 14:15 – lecture room 2 : Introduction to financial market law

I lecture – Friday March 29 2019, h. 17,45 - lecture room 2 :
The financial markets - the evolution of laws and regulations. The functions of the supervisory authorities and the regulated markets managing companies.

II lecture –, Friday April 5 2019, h. 17,45 - lecture room 2:
The financial instruments issuers and duties of information to the market.

III lecture – Friday April 12 2019, h. 17,45 - lecture room 2:
The financial instruments and the investment services. The collective portfolio management.

IV lecture – Friday May 10 2019, h. 17,45 - lecture room 2:
The solicitation of public savings and public offers to buy or exchange financial instruments.

V lecture - Friday May 17 2019, h 17,45 - lecture room 2:
Sanctions


The lectures are designed for students attending the Commercial Law II course.

The introductory lecture will be held by Professor Sabino Fortunato; the other lectures will be held by Dr. Francesco Scannicchio.

Admission requirements for the final test : 1) attending the lectures of Financial Markets Law; 2) passing the Commercial Law II exam ( the final test can be held in the same day of the Commercial Law II exam session).

Educational material:

S. FORTUNATO - F SCANNICCHIO, Il mercato mobiliare, in AA.VV., Diritto commerciale, vol. II, capitolo IX, Cedam, Milano, 2017.
Other material will be suggested during the lectures.



























Other material will be suggested during the lectures.

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 program moves from the framework of arbitration in the system of judicial protection of rights, tracing its historical and regulatory evolution and introducing the distinction between ritual and not ritual arbitration; the discipline of arbitration agreements and of arbitrators is exposed; the arbitration proceedings are examined along every phase, from the commencement to the award, as well as the appeals; finally, specific models and special forms of arbitration - such as administered arbitration, corporate arbitration and labor arbitration - and the italian discipline of foreign awards are illustrated.

The subject can be studied in every textbook of civil procedure law, in the concerning chapters.

Main Objective
Comprehensive understanding of international legal responses to the trends and challenges of global crime
Learning Objectives
• understand main features of global crime manifestations
• understand the most relevant legal principles of the United Nations international anti-crime legislation
• explore how certain geopolitical configurations shape global crime configuration
• analyze the impact of geopolitical relations on the framing of the international anti-crime legislation
• be aware of main issues related to an effective international cooperation in crime prevention and control
• improve general comprehension of the global world
• Increase the ability to discuss, present and defend particular perspective in English.

Students will receive the relevant materials during class.

Course description
This course will offer an overview of a range of theoretical approaches to questions arising with respect to the impact of globalization on law, which will be considered in the context of developments in substantive areas of law. In addition to a consideration of the structural impacts of globalization on public international law and international economic law, the course will consider the impact of globalization on the formation of national constitutions, as well as its effects in areas of substantive law such as intellectual property law, the protection of cultural heritage, the regulation of the digital economy, trade law, banking law, the regulation of financial services, immigration law and the protection of human rights.

Course Reading Materials
There is no textbook for this course. However, in preparation for the classes students may find the sources listed below useful. In addition, one piece of required reading will be allocated for each class. This reading will be notified to students when the course schedule is published.

M R Ferrarese, “Governance: A Soft Revolution with Hard Political and Legal Effects” (2014) 1 Soft Power, www.softpowerjournal.com/web/wp-content/uploads/2014/09/articolo-3-governance.pdf
F Scamardella, “Governance in Times of Globalisation: the Kaleidoscope of the Legal System” (2016) 6(3) Oñati Socio-Legal Series, https://ssrn.com/abstract=2833940

A Von Bogdandy, “Globalization and Europe: How to Square Democracy, Globalization and International Law” (2004) 15 (5) European Journal of International Law 885-906, www.ejil.org/pdfs/15/5/396.pdf

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.

No text.
Lectures, seminars with Italian and foreign scholars.

The course intends to focus on the main legal issues in the fashion industry. It includes lectures on the functioning of the firm, mergers, trademarks, intellectual property and marketing.

It includes lectures on the functioning of the firm, mergers, trademarks, intellectual property and marketing.

Droit francais des obligations et des contrats
Le cours est consacré au contrat, regardé comme source principale des obligations. Après une introduction générale sur le droit des contrats, les phases de formation et d’exécution du contrat sont examinées.
L'exposé de ces diverses questions s’appuie principalement sur les articles du Code civil français relatifs au droit des contrats, matière entièrement réformée en 2016.

Le code civil français commenté (édition Dalloz ou Litec) et la partie relative au droit des contrats de l’un des manuels suivants (la dernière édition disponible) :
A. Bénabent, Droit civil, Les obligations, Montchrestien
Y. Buffelan-Lanore et V. Larribau-Terneyre, Droit civil, Les obligations, Sirey
R. Cabrillac, Droit des obligations, Dalloz, coll. « Cours »
J. Carbonnier, Droit civil, Les obligations, PUF
Ph. Delebecque, Droit des obligations, Litec, coll. « Objectif droit »
M. Fabre-Magnan, Droit des obligations, PUF, coll. « Thémis »
B. Fages, Droit des obligations, LGDJ
J. Flour, J.-L. Aubert et E. Savaux, Les obligations, t.1, L'acte juridique, Sirey
Ch. Larroumet, Droit civil, t.3, Les obligations, le contrat, Economica
D. Mainguy et J.-L. Respaud, Droit des obligations, Ellipses
Ph. Malaurie, L. Aynès et Ph. Stoffel-Munck, Les obligations, Defrénois
Ph. Malinvaud, D. Fenouillet et M. Mekki, Droit des obligations, Litec
A. Sériaux, Droit des obligations, PUF, coll. Droit fondamental
F. Terré, Ph. Simler et Y. Lequette, Droit civil, Les obligations, Dalloz

The course will focus on the principles and values that govern the exercise of discretionary powers in the context of the activities of the administration. This topic will be analyzed with regard to the experience gained in applying the principles and values in question in the continental legal systems (so-called administrative law) and in the Anglo-American legal system. The interactive lessons will guarantee a sufficient number of hours of theoretical lessons which, at the same time, will be supplemented by the study of concrete cases. In addition, the active participation of students is required, who, divided into groups, will carry out practical exercises consisting in the presentation of a paper from time to time.

Will be supplemented by the study of concrete cases.

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.

Lessons held from 7 April to 26 May

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 documents, articles and digital sources will be suggested and provided during the course.

The teaching activity will focus on the study of institutional and regulatory profiles related to the creation of the internal energy market in order to offer the theoretical tools to assess the impact of the European Union's competence on inter-state relations, in the light of the evolutionary trends in the international economic and legal framework. Particular attention will be paid to issues related to the creation of competitive market conditions, to the security of energy supply, to the management of foreign direct investment and to the implementation of policies aimed at enhancing alternative energy sources. In this perspective, the new "legislative package" that reforms the internal energy market will be analyzed.

The lessons will take place according to the following schedule from 2 pm to 4 pm:

Tuesday 31 March 2020
Tuesday April 7, 2020
Thursday 9 April 2020
Thursday 16 April 2020
Tuesday 21 April 2020
Thursday 23 April 2020
Tuesday 28 April 2020
Thursday 30 April 2020
Tuesday 5 May 2020
Thursday 14 May 2020

The judgments under study and the reference bibliographic material will be communicated during the lessons to the students attending the course.

Legislation
L. n. 833 del 1978
L. n. 219 del 2017
Convenzione di Oviedo

Case law
Corte costituzionale sent. n. 438 del 2008
Corte costituzionale ord. n. 207 del 2018 (caso Cappato)
Corte costituzionale sent. n. 242 del 2019 (caso Cappato)
Corte di cassazione sez. I, sent. n. 21748 del 2007 (caso Englaro)

Doctrine:
F. Minni - A. Morrone, Il diritto alla salute nella giurisprudenza della Corte costituzioanle italiana, in www.rivistaaic.it n. 3/2013.
https://www.rivistaaic.it/images/rivista/pdf/3_2013_Minni_Morrone.pdf

P. Veronesi, Fisionomia e limiti del diritto fondamentale all’autodeterminazione, in BioLaw Journal, n. 2/2019
http://rivista.biodiritto.org/ojs/index.php?journal=biolaw&page=article&op=view&path%5B%5D=456&path%5B%5D=375

Legislation
L. n. 833 del 1978
L. n. 219 del 2017
Convenzione di Oviedo

Case law
Corte costituzionale sent. n. 438 del 2008
Corte costituzionale ord. n. 207 del 2018 (caso Cappato)
Corte costituzionale sent. n. 242 del 2019 (caso Cappato)
Corte di cassazione sez. I, sent. n. 21748 del 2007 (caso Englaro)

Doctrine:
F. Minni - A. Morrone, Il diritto alla salute nella giurisprudenza della Corte costituzioanle italiana, in www.rivistaaic.it n. 3/2013.
https://www.rivistaaic.it/images/rivista/pdf/3_2013_Minni_Morrone.pdf

P. Veronesi, Fisionomia e limiti del diritto fondamentale all’autodeterminazione, in BioLaw Journal, n. 2/2019
http://rivista.biodiritto.org/ojs/index.php?journal=biolaw&page=article&op=view&path%5B%5D=456&path%5B%5D=375

The present training activity starting from the historical-political analysis of the milestones that led to the establishment of the Constituent Assembly intends to highlight the personality and the contribution offered to the discussion and elaboration of the Constitution by the most important constituent fathers ((Piero Calamandrei, Costantino Mortati, Aldo Moro, Luigi Einaudi, Giuseppe Dossetti, Lelio Basso and others).

The teacher will indicate the texts during the lessons

The course will take an historical-juridical, multidisciplinary approach to outline the evolution of criminal science. From the first seeds of physiognomy, we will take a non-linear analytical path to the advent of the criminal anthropology of the Lombrosian school of thought and theoretical prosecutions.
At the same time, we will consider the first investigative techniques and research methods that appeal to today’s criminology. We will undertake an articulated screening of judicial cases and evaluate the importance granted to medicine, psychiatry and psychology within the criminal justice system from the second half of the 19th century to the 20th century.

The teaching material consists of slides and lecture notes which will be provided directly by the professor.

The activity is organized in 12 lectures on Monday, Tuesday and Wednesday, duration approximately 2 hours each one (24 hours of frontal teaching) during March 2020, followed by a final seminar in which the main issues addressed during the course will be discussed, also with the presence of external experts.

Lessons Calendar

02/03/2020
1. Introduzione: tecnologia e diritto amministrativo (perimetro, temi, problemi)


03/03/2020
2. La digitalizzazione come strumento organizzativo

04/03/2020
3. La digitalizzazione come strumento di decisione

09/03/2020
4. I nuovi Stati digitali: le piattaforme

10/03/2020
5. La tutela della privacy

11/03/2020
6. Il problema della concorrenza

16/03/2020
7. Stato digitale e democrazia

17/03/2020
8. Stato digitale e libertà

18/03/2020
9. La giustizia predittiva

23/03/2020
10. La regolazione in atto

24/03/2020
11. La regolazione possibile

25/03/2020
12. Final Seminar

30/03/2020
Final discussion (with test)

The course materials will be distributed by the teacher during the lessons.

The course will cover the basic principles of internationa economics: international trade in goods, international financial flows, migrations. In particular, it will cover the following topics:
• historical perspectives and stylized facts on past and present globalizations
• global imbalances

The basic background textbook is: Pugel, T., International Economics, XVIth edition, McGraw-Hill, 2016.
A more challanging alternative is: Krugman, P. R., M. Obstfeld, and M. Melitz (2015), X edition, International Economics. Theory and Policy, Addison Wesley.
Chapters of the textbooks to be covered and additional readings will be assigned before each class.

Following the contents of the first module (The economics of globalization I), the course will focus on the issues of international trade and migration.

The basic background textbook is: Pugel, T., International Economics, XVIth edition, McGraw-Hill, 2016.
A more challanging alternative is: Krugman, P. R., M. Obstfeld, and M. Melitz (2015), X edition, International Economics. Theory and Policy, Addison Wesley.
Chapters of the textbooks to be covered and additional readings will be assigned before each class.

The training activity focuses, from an historical and comparative point of view, on the rule-making process and the way to deal with interpretative questions in order to give, using the experience of the roman jurists, an essential tool to the contemporary jurist, suitable for dealing with current legal topics in the perspective of the European legal standardisation.

Material provided in class

The Course will develop in 10 frontal lessons on March-April 2020, on the following topics:
Definition of the religious cultural heritage in particular Catholic ( property of the SCV; property of the ecclesiastical institutions; the Foundation of Buildings of Worship etc.);
The regulation of the cultural heritage of religious interest in the Code of Cultural Heritage, D.lgs 42/2004;
The regulation of the cultural heritage of religious interest in the sources of first and second level pacts. Protection and enhancement of religious cultural heritage in the Code of the Third Sector (Legislative Decree 117/2017).

The reference texts for the study, and bibliographical indications for further study, will be provided for lessons and on the portal e-learning

The aim of the course is to describe the judicial framework – both regulatory and doctrinal - regarding Corporate Social Responsibility (CSR). The course will particularly delve into interactions with business law, especially in connection with issues such as:
1) non-financial reporting ex d.lgs. 254/2016; the enforcement tools and the dialogue with the Juridicalization of stakeholders’ interests;
2) the current dimension of the company’s interest;
3) the benefit corporation model;
4) the engagement policies of institutional investors; the promotion of diversity in listed companies;
5) the corporate environmental responsibility.

ADOPTED TEXTS AND BIBLIOGRAPHY:
S. FORTUNATO, L’informazione non-finanziaria nell’impresa socialmente responsabile, in Giur. Comm., 3/2019, 415-428.
L. PAPI, Crisi del sistema “volontaristico” e nuove frontiere europee della responsabilità sociale d’impresa, in Rivista del Diritto Commerciale, 1/2019, 109-163.
D. STANZIONE, Profili ricostruttivi della gestione di società benefit, in Rivista del Diritto Commerciale, 3/2018, 487-544.

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 knowledge of the judicial system is functional to give a framwork of constitutional judicial power, as weel as of the tools ensuring authonomy, independence and impartiality of judges and public prosecutors. Constitutional principles of the due process of law and of the reasoble duration of the process and also relations among supranational laws are essential to define the rules of proceedings and are connected to limitation on the judicial powers and duties as magistrate.

Readings and course materials shall be provided during the course.

The lectures will focus on the study of the main issues related to the awareness of environmental aspects involved in consumer behaviours and the protection of vulnerable subjects, starting with minors who are increasingly victims of online fraud and bullying.
In Italy, the protection of consumer rights is strictly connected to the concrete implementation of the protection tools, from a two-fold profile: on one hand, the issue of theownership of rights by consumer-citizens, with respect to those who have the ability to act; while on the other, the problem of exclusion of consumers in regard of access to rights. (UN 2030 Agenda).
This dual approach, in which the consumers rights regulatory framework is inserted, entails that the fundamental rights recognized by the Consumer Code are often disregarded in practice, by placing the consumer in a situation of established weakness.

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 will take place on a weekly basis starting from March 2, 2020 and until May 30, 2020, for a total of 20 hours. The course will be divided into two parts. The first will be dedicated to the theoretical notions concerning the grounds for matrimonial nullity and the aspects of canonical procedural law will be provided with particular reference to the canonical matrimonial procedure. The second one will be dedicated to practical exercises on some jurisprudential cases of particular relevance.

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.).

Provide students with the keys to understanding and interpreting some of the most relevant and current constitutional law issues analyzed in the European and comparative perspective.

Readings and course materials shall be provided during the course.

The seminar deals with various aspects of the relationship between the EU legal system and national legal systems. The German Federal Constitutional Court’s judgment of 5 May 2020 is an opportunity to investigate the limits of the European Union legal system and, more specifically, the role of the Court of Justice and its powers. The subject of the ruling was the legitimacy of the Public Debt Purchase Program, established by the European Central Bank. The German Court considers ultra vires and devoid of validity and effectiveness the previous judgment of the Court of Justice.

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.
Other materials will be available at the professor's dashboard (e-learning platform)

This course is meant to introduce students to legal English. The main aims of the book and of the materials available on the professor dashboard 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.
Other materials will be available at the professor's dashboard (e-learning platform)

KNOWLEDGE OF: COUNCIL OF THE EUROPEAN FRAMEWORK OF LEVEL B1
REFERENCES FOR LANGUAGES (ECFR). STUDENT UNDER THE RESOLUTION OF THE COUNCIL
FACULTY OF 3/5/07 WILL PRODUCE THE CERTIFICATION OF LANGUAGE CENTRE UNIVERSITY
(CLA), OR CERTIFICATION IN ANOTHER LANGUAGE INSTITUTION ACCREDITED BY CLA. YES
ALSO ADVISED TO CONSULT WITH ALL THE STUDENTS OF THE FACULTY OF LAW OF THE SITE,
IN PARTICULAR THE RESOLUTIONS OF THE BOARD OF THE FACULTY OF 15/11/2007 AND 15/3/07.

KNOWLEDGE OF: COUNCIL OF THE EUROPEAN FRAMEWORK OF LEVEL B1
REFERENCES FOR LANGUAGES (ECFR). STUDENT UNDER THE RESOLUTION OF THE COUNCIL
FACULTY OF 3/5/07 WILL PRODUCE THE CERTIFICATION OF LANGUAGE CENTRE UNIVERSITY
(CLA), OR CERTIFICATION IN ANOTHER LANGUAGE INSTITUTION ACCREDITED BY CLA. YES
ALSO ADVISED TO CONSULT WITH ALL THE STUDENTS OF THE FACULTY OF LAW OF THE SITE,
IN PARTICULAR THE RESOLUTIONS OF THE BOARD OF THE FACULTY OF 15/11/2007 AND 15/3/07.

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.

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)

Oral and written legal English will be practiced during the course, which will be taught entirely in English.

See textbooks suggested for the Law and the Humanities course

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.

Part I. Introduction to Economics and Public Economics

I.1 Consumers' and Firms' behaviour
I.2 Demand, Supply, and market equilibrium
I.3 Welfare Economics
I.4 Market failures
I.4 Social Justice and Equity

Part II. The Economics of Public Spending and Welfare Programs

II.1 Models of Public Spending and Welfare
II.2 Public spending on education
II.3 Public spending on health services
II.4 Pensions
II.5 Income redistribution and poverty

Part III. The Economics of Market and Environmental Regulation

III.1 Market regulation
III.2 Environmental regulation

Part IV. Economic Foundations of Fiscal Federalism

IV.1 Economic justifications of fiscal federalism
IV.2 The financing of sub-national governments

Part V. Fiscal Policy and Taxation in the European Context

V.1 Objective and tools of fiscal policy
V.2 Some economics of European Union construction and functioning
V.3 The harmonisation of national Value Added Tax systems

Reference textbooks

Rosen H.S., Gayer T. (2014), Public Finance. Tenth edition. McGraw-Hill
Ch. 1, 3, 7, 9, 10, 11, 12, 13, 20

Cullis J., Jones P. (2009), Public Finance & Public Choice. Third edition. Oxford University Press
Ch. 12, sections 1, 2, 4, 5, 6, 7.1

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.

Droit francais des obligations et des contrats
Le cours est consacré au contrat, regardé comme source principale des obligations. Après une introduction générale sur le droit des contrats, les phases de formation et d’exécution du contrat sont examinées.
L'exposé de ces diverses questions s’appuie principalement sur les articles du Code civil français relatifs au droit des contrats, matière entièrement réformée en 2016.

Le code civil français commenté (édition Dalloz ou Litec) et la partie relative au droit des contrats de l’un des manuels suivants (la dernière édition disponible) :
A. Bénabent, Droit civil, Les obligations, Montchrestien
Y. Buffelan-Lanore et V. Larribau-Terneyre, Droit civil, Les obligations, Sirey
R. Cabrillac, Droit des obligations, Dalloz, coll. « Cours »
J. Carbonnier, Droit civil, Les obligations, PUF
Ph. Delebecque, Droit des obligations, Litec, coll. « Objectif droit »
M. Fabre-Magnan, Droit des obligations, PUF, coll. « Thémis »
B. Fages, Droit des obligations, LGDJ
J. Flour, J.-L. Aubert et E. Savaux, Les obligations, t.1, L'acte juridique, Sirey
Ch. Larroumet, Droit civil, t.3, Les obligations, le contrat, Economica
D. Mainguy et J.-L. Respaud, Droit des obligations, Ellipses
Ph. Malaurie, L. Aynès et Ph. Stoffel-Munck, Les obligations, Defrénois
Ph. Malinvaud, D. Fenouillet et M. Mekki, Droit des obligations, Litec
A. Sériaux, Droit des obligations, PUF, coll. Droit fondamental
F. Terré, Ph. Simler et Y. Lequette, Droit civil, Les obligations, Dalloz

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)