In 2015-2016, the course is dedicated to Prof. Luigi DE LUCA, Master of the discipline, which has given the University of Roma Tre, Department of Law, a rich library fund and Journal Articles

Articulation of the course
First module (2 credits): The three Religions of the Book, Judaism, Christianity, Islam, their development and relations with State.
Second module (1 credit): Analysis of the concept of laicity, its relationship with totalitarianism, modern State, Islam.
Third module (2 credits): Religious rights, institutional relations between churches and State.
Fourth module (2 credits): Denominations structures and activities.

Program
Relationships evolution between religions (Judaism, Christianity, Islam) in Europe's history and relationships evolution between churches and State in Christian Europe. Secularism, totalitarianism and modern State. Religious rights and their articulation. Religious rights and multiculturalism. Institutional profiles about relations between churches and State in Italy. Essential elements of ecclesiastical bodies and marriage rules.


Erasmus students
Compulsory attendance for 'Erasmus' students.

Other information
It is better to attend the course in all its parts, since the examination relates on arguments developed in classroom.

Teaching materials
1. C. CARDIA, Principi di diritto ecclesiastico. Tradizione europea, legislazione italiana, New Edition, Giappichelli, Torino, 2015
2. C. CARDIA, Risorgimento e religione, Giappichelli, Torino 2011

Students attending must study the only arguments developed in classroom and an Essay by Prof. Luigi De Luca will be distributed in November.

DIRITTO ECCLESIASTICO (M-Z)
RELATIONSHIP BETWEEN STATE AND CHURCHES
Prof. Rita Benigni

56 Hours 7 Credits
IUS/11 DIRITTO CANONICO E DIRITTO ECCLESIASTICO
Year of attendance: third
First semester

In 2015-2016, the course is dedicated to Prof. Luigi DE LUCA, Master of the discipline, which has given the University of Roma Tre, Department of Law, a rich library fund and Journal Articles

Articulation of the course
First module (2 credits): The three Religions of the Book, Judaism, Christianity, Islam, their development and relations with State.
Second module (1 credit): Analysis of the concept of laicity, its relationship with totalitarianism, modern State, Islam.
Third module (2 credits): Religious rights, institutional relations between churches and State.
Fourth module (2 credits): Denominations structures and activities.

Purpose
Acquire the essential terms of religion and society dialectic and the development of relations between Churches and State in Europe. Knowledge of basic rules governing the religious phenomenon.

Program
Relationships evolution between religions (Judaism, Christianity, Islam) in Europe's history and relationships evolution between churches and State in Christian Europe. Secularism, totalitarianism and modern State. Religious rights and their articulation. Religious rights and multiculturalism. Institutional profiles about relations between churches and State in Italy. Essential elements of ecclesiastical bodies and marriage rules.

Prerequisites
Having passed the examination of Public Law.

Teaching materials
1. C. CARDIA, Principi di diritto ecclesiastico. Tradizione europea, legislazione italiana, New Edition, Giappichelli, Torino, 2015
2. C. CARDIA, Risorgimento e religione, Giappichelli, Torino 2011

Students attending must study the only arguments developed in classroom and an Essay by Prof. Luigi De Luca will be distributed in November

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: The examination will focus only on lesson notes and handouts provided by the Professor.

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.

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

Students who intend to take the final examination are recommended to attend the lessons. Readings will be suggested throughout the course.

"The course covers the study of the discipline of public limited companies and proposes a comparison with the conceptual categories of traditional private law in order to assess their usefulness for understanding and accompanying the shareownership phenomenology"

C. ANGELICI, La società per azioni: Principi e problemi, in Trattato Cicu-Messineo, Giuffrè, Milano, 2012.

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 lessons will be devoted to the following subject: Theories of Citizenship and Different Forms of Belonging to Communities between late Middle Ages and Early Modern History.
The course will be divided in two parts:

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) First theories of citizenship in the Medieval West from the 12th century onwards.

"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, III ed, 2017 (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,III ed., 2017.



PER IL MODULO DIDATTICO DA TRE CREDITI (IDONEITÀ) IL PROGRAMMA PREVEDE LO STUDIO DEL MANUALE DI A. D'ATENA LIMITATAMENTE ALLE PAGINE 07-187 (CAPITOLI 3 E 4)

The course of General theory of law intends to illustrate the lawyer’s activity, with the premise that it is a communicative experience. Obscurity and vagueness of norms are the most serious problems within the ambit of the law. However, this problem is common to all the communicative processes and can be overcome by integrating the message (here the norms) in a specific context, that provides the information necessary to understand the text. Within the context of law, more specific problems arise. On one side, the “text” is formed by the set of all norms, therefore it has disproportionate dimensions. On the other side, the context must be analysed with methods directed to simplicity and intelligibility. Jurists have been overcoming these obstacles resorting to several instruments:
Systematic analysis of the set of rules;
Hermeneutic traditions;
Legal logic;
Economic analysis of law;
The reconstruction of practical scenarios;
Commutative, distributive, retributive justice principles;
Resort to common sense;
And so on.

G. TERRANOVA, Elogio dell’approssimazione. Il diritto come esperienza comunicativa, Pacini giuridica, Pisa, 2015, capitoli I-VI.

The course of General theory of law intends to illustrate the lawyer’s activity, with the premise that it is a communicative experience.

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.

PROGRAMMA ISTITUZIONALE:
PARTE GENERALE
AMADIO G. E MACARIO F. (A CURA DI), DIRITTO CIVILE. NORME, QUESTIONI, CONCETTI, VOL. II, IL MULINO, 2014
PARTE SPECIALE
MACARIO F., QUESTIONI GIURISPRUDENZIALI DI DIRITTO DI FAMIGLIA, GIAPPICHELLI, 2011

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 PROPOSES TO PROVIDE THE BASIC KNOWLEDGE OF ROMAN PUBLIC LAW, WITH REFERENCE TO ALL THE MOST RELEVANT ISSUES, INCLUDING CRIMINAL LAW, THE ROMAN SOURCES OF LAW AND THE ROLE OF THE JURISTS, ALWAYS LINKED TO THE SOCIAL, POLITICAL AND ECONOMIC CONTEXT OF ROMAN.

TOPICS COVERED:
MAIN CHARACTERISTICS OF THE PERIODS OF DEVELOPMENT OF ROMAN PUBLIC LAW;
CONSTITUTIONAL RIGHT;
ADMINISTRATIVE LAW;
CRIMINAL LAW;
SOURCES OF ROMAN LAW;
MEDIEVAL, MODERN AND CONTEMPORARY PUBLICIAL JURIDICAL CATEGORIES.

L. Fascione, Manuale di diritto pubblico romano, 2a edizione, Giappichelli, Torino, 2013

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.

China’s historical and political framework

Chinese legal system
- early Chinese legal thought

Chinese language
- legal language characteristics
- problems of legal translation

Chinese legal system e and Civil Law system
- Chinese legal system in comparison with current legal systems in force

Sources of law

Admission of China to the WTO

China’s Constitutional Law (a brief introduction)

General principles of the Civil Law
- Property Law
- Contract law

Direct and indirect investments

Consumer protection

E-commerce

Protection of Intellectual Property
- Trademark Law
- Patent Law

Chinese judicial system

Negotiation and other Alternative Dispute Resolution in China

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:
1. Jiang Ping, Il diritto romano nella Repubblica Popolare Cinese;
2. Yang Zhenshan, La tradizione filosofica del diritto romano e del diritto cinese antico e l'influenza del diritto romano sul diritto cinese contemporaneo;
3. Jiang Ping, Il risorgere dello spirito del diritto romano in Cina;
4. Sandro Schipani, Il diritto romano in Cina;
5. Ding Mei, Introduzione al diritto cinese contemporaneo;
6. Xu Guodong, Il diritto romano come ponte tra diritto cinese e diritto latinoamericano;
7. 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.

Programma per i NON frequentanti:

− 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.

SYLLABUS
1. FUNDAMENTAL CHARACTERS AND PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW (IHL)
APPLICABLE IN INTERNATIONAL AND NON-INTERNATIONAL ARMED CONFLICTS.
2. COMBATANTS AND THE CONDUCT OF HOSTILITIES – MILITARY OBJECTIVES – MEANS AND
METHODS OF WARFARE.
3. THE PROTECTION OF THE VICTIMS OF ARMED CONFLICTS – WOUNDED, PRISONERS, CIVILIANS.
4. IMPLEMENTATION OF IHL – PREVENTIVE MEASURES – MEANS OF CONTROL – STATE RESPONSIBILITY
– THE PROSECUTION OF INDIVIDUALS RESPONSIBLE FOR WAR CRIMES IN DOMESTIC
AND INTERNATIONAL COURTS.
LEARNING AND TEACHING
THE COURSE IS MADE UP OF INTRODUCTORY LECTURES ON THE MAIN SUBJECTS OF IHL, FOLLOWED BY
SEMINARS ON SPECIFIC TOPICS, CASES AND DOCUMENTS CONCERNING CONTEMPORARY PRACTICE.
CONTENTS
CONCEPT AND PURPOSE OF IHL – IHL AS A BRANCH OF INTERNATIONAL LAW – DISTINCTION
BETWEEN IUS AD BELLUM AND IUS IN BELLO – HISTORICAL DEVELOPMENT OF IHL – SOURCES OF
CONTEMPORARY IHL: HAGUE CONVENTIONS, GENEVA CONVENTIONS AND ADDITIONAL PROTOCOLS
– CUSTOMARY LAW – FUNDAMENTAL PRINCIPLES.
THE DISTINCTION BETWEEN CIVILIAN AND COMBATANTS – RELATIVITY OF THE DISTINCTION IN
MODERN CONFLICTS – COMBATANTS AND PRISONERS OF WAR – DEFINITION OF COMBATANT –
DEFINITION OF POW – TREATMENT OF POW.
PROTECTION OF THE WOUNDED, SICK AND SHIPWRECKED – PROTECTION OF MEDICAL AND RELIGIOUS
PERSONNEL, MEDICAL GOODS AND OBJECTS – THE EMBLEM OF THE RED CROSS/RED CRESCENT.
THE PROTECTION OF CIVILIANS – WHO IS A CIVILIAN? - THE PROTECTION OF THE CIVILIAN POPULATION
AGAINST THE EFFECTS OF HOSTILITIES – PROTECTION OF CIVILIANS AGAINST ARBITRARY TREATMENT
– CATEGORIES OF CIVILIANS UNDER SPECIAL PROTECTION – REGIME OF OCCUPIED TERRITORIES.
CONDUCT OF HOSTILITIES – BASIC RULE (ARTICLE 48 OF PROTOCOL I) – DEFINITION OF MILITARY OBJECTIVES
– MILITARY NECESSITY AND PROPORTIONALITY – PROHIBITED ATTACKS – PRECAUTIONARY MEASURES
IN ATTACK – PRECAUTIONARY MEASURES AGAINST THE EFFECTS OF ATTACKS – ZONES CREATED TO
PROTECT WAR VICTIMS AGAINST THE EFFECTS OF HOSTILITIES - CIVIL DEFENCE – MEANS AND METHODS
OF WARFARE – THE PROHIBITION TO CAUSE UNNECESSARY SUFFERING – THE PROHIBITION OF INDISCRIMINATE
USE OF WEAPONS – THE PRESERVATION OF THE NATURAL ENVIRONMENT – PROHIBITED OR RESTRICTED
USE OF CONVENTIONAL WEAPONS – CHEMICAL WEAPONS – BACTERIOLOGICAL AND BIOLOGICAL
WEAPONS – NUCLEAR WEAPONS – NEW WEAPONS – PROHIBITED METHODS OF WARFARE.
SPECIFICITIES CONCERNING THE LAW OF NAVAL AND AIR WARFARE.
THE LAW OF NON-INTERNATIONAL ARMED CONFLICTS – FUNDAMENTAL DIFFERENCES AND SIMILARITIES
WITH INTERNATIONAL ARMED CONFLICTS – COMMON ARTICLE 3 – ADDITIONAL PROTOCOL II
– DIFFERENT TYPES OF NON-INTERNATIONAL ARMED CONFLICTS – CUSTOMARY LAW OF NON-INTERNATIONAL
ARMED CONFLICTS – LEGAL STATUS OF THE PARTIES.
IHL AND INTERNATIONAL HUMAN RIGHTS LAW – DIFFERENCE AND COMPLEMENTARY – APPLICATION
OF IHL BY HUMAN RIGHTS MECHANISMS.IMPLEMENTATION OF IHL – THE OBLIGATION TO ENSURE RESPECT – MEASURES TO BE TAKEN IN PEACE
TIME – THE COMMAND SUPERVISION – SCRUTINY BY PROTECTING POWERS AND ICRC – FACT
FINDING COMMISSIONS - THE ROLE OF THE UNITED NATIONS – THE INTERNATIONAL RESPONSIBILITY OF
STATES FOR VIOLATIONS – COMPENSATION – PROHIBITION OF REPRISALS – THE RESPONSIBILITY FOR WAR
CRIMES – CONCEPT, CONTENTS, PROSECUTION OF WAR CRIME –STATE JURISDICTION – THE INTERNATIONAL
AD HOC CRIMINAL TRIBUNALS (ICTY AND ICTR) – THE INTERNATIONAL CRIMINAL COURT.
THE COURSE IS GIVEN IN ENGLISH. ATTENDANCE IS NECESSARY IN ORDER TO SUSTAIN THE FINAL
EXAMINATION. THE EXAMINATION WILL BE ABOUT THE ARGUMENTS DISCUSSED DURING THE
COURSE. STUDENTS ARE ALLOWED TO SUSTAIN THE EXAMINATION ON THE NOTES MADE DURING
THE COURSE, INTEGRATED WITH THE REFERENCE BIBLIOGRAPHY:
KOLB R., AN INTRODUCTION TO INTERNATIONAL HUMANITARIAN LAW OF ARMED CONFLICTS, HART
PUBLISHER

DOCUMENTATION
STUDENTS MAY FIND ALL RELEVANT TREATY-DOCUMENTATION ON THE WEB-SITE OF THE INTERNATIONAL
COMMITTEE OF THE RED CROSS: WWW.ICRC.ORG
REVIEWS
INTERNATIONAL REVIEW OF THE RED CROSS (FREE ACCESS WEB-SITE: WWW.ICRC.ORG)
YEARBOOK OF INTERNATIONAL HUMANITARIAN LAW.
INTERNET SITES
INTERNATIONAL COMMITTEE OF THE RED CROSS: WWW.ICRC.ORG
INTERNATIONAL INSTITUTE OF HUMANITARIAN LAW: WWW.IIHL.ORG
PROGRAM ON HUMANITARIAN POLICY AND CONFLICT RESEARCH – HARVARD UNIVERSITY:
WWW.HPCR.ORG

THE COURSE WILL BE LARGELY DEDICATED TO THE PRACTICAL WORKING OF THE INSTITUTIONS THAT SUBSTANTIATE OUR MODEL OF CONSTITUTIONAL JUSTICE. SOME SIGNIFICANT CASES WILL BE ALSO EXPLORED, WITH THE ACTIVE PARTICIPATION OF STUDENTS. THE STUDENTS WILL ATTEND A PUBLIC HEARING OF THE CONSTITUTIONAL COURT.

G. Zagrebelsky - V. Marcenò, Giustizia costituzionale, Bologna, il Mulino, ultima edizione.

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

Testi adottati:

EN: 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)

For business administration and accounting exercises: Paoloni M. (a cura di), Mattei G., Paoloni N., Eserciziario di economia aziendale e contabilita’, CEDAM, 2018


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)

For business administration and accounting exercises: Paoloni M. (a cura di), Mattei G., Paoloni N., Eserciziario di economia aziendale e contabilita’, CEDAM, 2018


Alternatively:

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

Part I: The Economy of the Company: Business Economics and Accounting. The study of the conditions of existence of the corporate body; the personal component and the operating means of the company. Object of the company. Corporate subjects: "legal entities" and "economic subject". Organization. The organizational structures. Various types of company. The institution of the company, its location, its size.
The supply company: general characteristics and management schemes. Production companies for the exchange of goods and services: companies. The aims of the company. The economic balance as a fundamental condition of the life of the company. Economic balance and economy. The possible ways of remunerating the productive factors used by the company. The business risk and the subjects on which it weighs. Business efficiency. The process of forming the company's income. The capital requirement and its determination. Company financing: equity and credit capital in their various forms; corporate self-financing; the choice of convenient forms of financing; the dynamic relationship between equity and credit capital. The financial structure of the company.
The process of dimensional growth of companies: the main characteristics, nature, structure, internal exchange and production operations in groups of companies.
Part II: Accounting elements: 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.

Zanda, Fondamenti di Economia Aziendale, Giappichelli, ultima edizione
oppure
Zanda, Lineamenti di Economia Aziendale, Kappa, ultima edizione

L. MUSERRA, T.ONESTI, Esercitazioni di economia aziendale, Giappichelli, 2013 (ebook, available on the website giappichelli.it).
Please refer to the onestieconomiaaziendale.wordpress.com course page for course material.

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.

Course reading materials:
Simona Pinton and Lauso Zagado (eds.), "Cultural Heritage: Scenarios 2015-2017", Venezia: Ed. Ca’ Foscari, 2017 (extracts).
Available online: http://edizionicafoscari.unive.it/media/pdf/books/978-88-6969-179-9/978-88-6969-179-9_CGTicPb.pdf.
Other materials will be provided during the course, according to the course schedule.

The course aims to provide the basics of International Economic Law, starting from the institutions (World Bank, International Monetary Fund, World Trade Organization among others) and the way in which the issues of economics and finance are addressed and resolved (dispute resolution systems, starting from the ICSID one). Characteristic of the course is also a specific attention to finance, not only to the economy, that is particularly relevant for interpreting economic flows.

E. Sciso, Appunti di Diritto Internazionale dell'Economia, Giappichelli.
Articles for in-depth analysis especially for the part of International Finance Law are distributed during the lessons.

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. Economia degli intermediari finanziari. McGraw-Hill, ultima edizione

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 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

THE COURSE FOCUSES ON THE WAYS IN WHICH THE EUROPEAN COURTS DEFINE AND DELIMITATE THE SPHERES OF THE MARKET AND STATE AND HOW THEY INTERPRET THE RELATIONSHIP BETWEEN THESE TWO CATEGORIES. IN PARTICULAR, THE COURSE DEALS WITH THE RULES WHICH CONSTITUTE THE EUROPEAN ECONOMIC ‘CONSTITUTION’ (FREE MOVEMENT, COMPETITION, PUBLIC PROCUREMENT) AND THE DEROGATION TO THEIR APPLICATION (SERVICES OF GENERAL ECONOMIC INTEREST, PUBLIC INTEREST JUSTIFICATIONS, ETC.). SPECIFIC INTEREST IS THEN PAID ON HOW THE INTERPRETATION AND THE APPLICATION OF THE EUROPEAN ECONOMIC ‘CONSTITUTION’ HAVE AFFECTED THE INTERNAL ADMINISTRATIVE LAW OF THE MEMBER STATES, IN REGARD TO THE CONCEPT OF PUBLIC SERVICE OR PUBLIC UNDERTAKING AND, MORE IN GENERAL, TO THE ACTIVITY OF NATIONAL ADMINISTRATIONS. THE COURSE ALSO FOCUSES ON THE NEW TOOLS FOR THE INTERNAL MARKET INTEGRATION PROVIDED BY THE STRATEGY DEVELOPED BY THE EUROPEAN COMMISSION.

A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED, INCLUDING SEVERAL DECISIONS OF THE EUROPEAN COURTS AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS.

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 course aims to give students full comprehension of the general system of sports law, which will be analyzed taking into account its specificities, both on the theoretical and practical level of its concrete application. The general training objectives consist in consolidating the student's basic culture allowing him to expand the work opportunities after graduation.

G. Liotta – L. Santoro, Lezioni di diritto sportivo, IV edizione, Milano, 2018.

Course description:
Penitentiary Law and Constitution – Humanization of the penalty in the Italian Constitution – The rights of detainees - The condition of detainees among principles, rules and practices – Case law

1) M. Ruotolo, Dignità e carcere, Napoli, Editoriale Scientifica, II edizione, 2014.
2) M. Ruotolo, S. Talini (a cura di), I diritti dei detenuti nel sistema costituzionale, Napoli, Editoriale Scientifica, 2017.

Per gli studenti non frequentanti è richiesto anche lo studio del volume M. Ruotolo (a cura di), Il senso della pena, Editoriale scientifica, Napoli, 2014 e delle seguenti sentenze della Corte costituzionale (www.cortecostituzionale.it): sent. n. 313/1990; sent. n. 349/1993; sent. n. 26 del 1999; sent. n. 190 del 2010; sent. n. 526 del 2000; sent. n. 158 del 2001; sent. n. 341 del 2006; sent. n. 301 del 2012; sent. n. 135 del 2013; sent. n. 143 del 2013; sent. n. 279 del 2013; sent. n. 239 del 2014.

- 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

COURSE TITLE: Legal documentation and comunication and civil trial

OBJECTIVES
A student who passes this course should be able to use professional software (included the open sources) following the method WOUM (write once use many) and to complete individual and group study tasks, in addition to archive and electronic research, with the aim to improve legal communication and critical thinking skills.

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

The final exam will be conducted using computers and will consist in practical exercises for searching literature (http://www.bitinia.com/uniroma3/docs_sito/DOC-01-argomenti-verifica-elettronica-090104.pdf) and jurisprudence ((http://www.bitinia.com/uniroma3/docs_sito/DOC-02-argomenti-verifica-elettronica-090110.pdf) made available by the instructor (students shall contact the instructor at the email address maurizio.converso.rm3@gmail.com at least one month before the date selected for the final exam in order to learn the technical procedure for completing the research exercises, practiced during the lectures, and subject of the final exam).

The knowledge of the classical methods for searching in hardcopy sources (Collection of legislation, literature, jurisprudence) is a fundamental prerequisite for conducting any research on legal documents (both on line and off line) and sharing the research outcomes with other researchers physically or via Internet.

TEACHING METHODS
- Lectures
- Tutorials in computer lab and Piazza Telematica (in collaboration with)
- Library activities (in collaboration with)
- Emailing via Gmail
- Emailing via PEC (Certified Electronic Email)
- Registered email (T-Notice)
- Cloud storage
- Use of Social Networks

ATTENDANCE POLICY
Attendance is not mandatory but highly recommended before starting the final thesis.
Students shall contact the instructor at least one month before the final exam at the email address maurizio.converso.rm3@gmail.com.

FINAL MARK
Eligible

- 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

The final exam will be conducted using computers and will consist in practical exercises for searching literature (http://www.bitinia.com/uniroma3/docs_sito/DOC-01-argomenti-verifica-elettronica-090104.pdf) and jurisprudence ((http://www.bitinia.com/uniroma3/docs_sito/DOC-02-argomenti-verifica-elettronica-090110.pdf) made available by the instructor (students shall contact the instructor at the email address maurizio.converso.rm3@gmail.com at least one month before the date selected for the final exam in order to learn the technical procedure for completing the research exercises, practiced during the lectures, and subject of the final exam).

The knowledge of the classical methods for searching in hardcopy sources (Collection of legislation, literature, jurisprudence) is a fundamental prerequisite for conducting any research on legal documents (both on line and off line) and sharing the research outcomes with other researchers physically or via Internet.

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

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

The 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.

Part 1. The basic analytical tools
The market: definition and main configurations
The main theories in favor and against the ethics of the market
Efficiency vs ethics: the inevitability of the trade-off

Part 2. Market inequalities and poverty
Inequality and poverty: issues of definition and measurement
The trends of market inequalities and poverty within the OECD
A brief examination of other dimensions of economic inequality (wealth inequality, global inequality, inter-generational inequality of opportunity)

Part 3. Presentation of case studies by the students. Examples of case-study include alternative configurations of anti-trust policies and intellectual property rights; quasi-markets in social and environmental policies ; basic and minimum income; commons; wage caps for top-income….

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
CHAPTER 19, G. CAMPA LEZIONI DI SCIENZA DELLE FINANZE 2013, UTET, TORINO
ADDITIONAL MATERIAL WILL BE GIVEN DURING THE CLASS.

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 1, 2, 3, E. GRANAGLIA, EFFICIENZA E EQUITA' NELLE POLITICHE PUBBLICHE,1988 ANGELI, MILANO
CHAPTER 19, G. CAMPA LEZIONI DI SCIENZA DELLE FINANZE 2013, UTET, TORINO
FRANZINI PIANTA, DISUGUAGLIANZE: QUANTE SONO, COME COMBATTERLE, 2016, LATERZA, BARI.

INTERNATIONAL AND EUROPEAN DISASTER LAW

Main issues addressed during the course are: International institutional and legal framework pertaining to disaster law; disaster risk reduction and its main principles; the role of the EU and other international organisations in case of disasters; protection of human rights during disasters.

Readings and course materials shall be provided during the course.

“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.

Program
The course will cover the following topics:

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 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.

Testi di riferimento
Readings and course materials shall be provided during the course.

Readings and course materials shall be provided during the course.

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

Reference books:
Jan Klabbers, An Introduction to International Organizations Law, 3rd ed., CUP, 2015
or
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 constitutional principles of the penitentiary law. European law and penitentiary system. Enforcement phase and due process of law. Penitentiary treatment, security and weak subjects. Alternative measures to detention. Lines of the procedure before the Sentence Supervision Judge and Sentence Supervision Tribunal. The evidentiary system and the Enforcement phase. The complaint and the remedial remedies.

For the students attending the lessons the preparation of the exam will consist of the notes, the materials and the indications furnished during the lessons.

For the other students the book to be studied is:
AA.VV. (Various Authors), Manuale dell'esecuzione penitenziaria, edited by P. Corso, publishing Monduzzi, last edition.

The regulatory framework: the fundamental urban planning law
Expropriation procedure. Overview
Public interventions in the territory
Urban planning restrictions
The PRG
The detailed plan
Housing development
Zone plan for economic and popular building
Plans to recover existing buildings
Environmental Protection
VIA, VAS and A.I.A.
The landscape constraints
The protection of cultural heritage
The bands of respect
Property in urban planning
Expropriation for public benefit
The building permit / D.I.A. and S.C.I.A. building
Laboratories: practical cases and analysis of jurisprudence

P. Stella Richter, Diritto urbanistico, last edition
P. Stella Richter, Profili funzionali dell'urbanistica, last edition

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


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.

- Organization of the Health Service in Italy: origins and evolution;
- Basic national standards of health assistance, established by constitutional rules about health (LEA);
- Multilevel governance of National Health System in Italy;
- Warranties of effectiveness concerning basic national standards of health assistance: the repayment-plan system;
- Organization of public health providers;
- Private enterprises’ engagement in public health providing: authorization, accreditation and agreement;
- Pharmacy providing system;
- Local health assistance system: a proximity approach to health.

G. Fares, Problemi attuali dell’ordinamento sanitario, Editoriale Scientifica, 2013
G. Fares, Prestazioni sociali tra garanzie e vincoli, Editoriale Scientifica, 2018

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 the Italian law n. 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.

Concept of public service
Forms of management
In-house providing
Local public services
SGEI and State aid
The "cultural services"
The integrated water service
Public services and European market
Transport service
EU transport policy: the Uber case
Service Concession
Airport concessions
Hydroelectric concessions
Public service contracts: principles
Awarding procedures
Project financing and public works
Laboratories: analysis of jurisprudence

Testi:

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

QUADRI, IL REGIME GIURIDICO DELL’ENERGIA RINNOVABILE, IN WWW.ACQUAENERGIAEDIRITTO.COM

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


CALENDARIO DELLE LEZIONI
GIOVEDì ORE 10-12 DIRITTO DEI SERVIZI PUBBLICI


INIZIO 12 ottobre 2017 ore 10.30 _ lezione introduttiva UNICA per entrambe le attività
La frequenza al corso è obbligatoria

Analyzing and knowing the fundamental topics of the debate of the constituent assembly through the most significant philosophical questions implied in that discussion

Students will receive the relevant materials during class.

The seminar activity will cover the following topics:
Evaluation of the fumus commissi delicti and unjust precautionary detention;
Prevention of error and preliminary investigations;
Rules of exclusion of the test as a prophylaxis to judicial error;
Confession, testimony and personal recognition;
The reform of the criminal trial;
Bad science in court;
Control over motivation in the context of legitimacy;
The judicial error of fact and law;
The repair of the judicial error.

Errori giudiziari e backgrounds processuali, a cura di G. Paolozzi, L. Marafioti, L. Luparia, Giappichelli, 2017.

Modern criminal law is increasingly subjected to a real process of "transformation", both due to the emergence of new protection needs, and to the influences exercised by the European system. The course aims to analyse the "actual face" of our penal system.

The teaching material will be given in class

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

The learning material will be given in class

MODULE I: RESOLVE CONFLICTS FOR THE COMMERCIAL DEVELOPMENT OF THE ENTERPRISE. Conflict management for the enterprise. Costs and benefits of commercial ADR. Arbitration and mediation.
November 21, 2018; hours 16:00 – 19:00
• the conflict for the enterprise and the cost for the resolution; The use of alternative models. The benefits of arbitration and mediation; National and Community legislation.
• mediation proceedings: from access to mediation to the final agreement. The Decree L.gs. 28/98 Act 2010/2013

MODULE II: CIVIL AND COMMERCIAL MEDIATION. TECHNIQUES AND STRATEGIES OF DISPUTE MANAGEMENT
November 28, 2018; hours 16:00 – 19:00
• communication in conflict management, active listening and managing emotions. Explore the research interests and needs of the parties; the search for an alternative solution to the conflict. Of management and the proposed solution;
• SIMULATION of a MEDIATION MEETING: screening of a video feature

MODULE III: THE EXPERIENCE OF NEGOTIATING IN MEDIATION (PART I)
December 5, 2018; hours 16:00 – 19:00
• techniques used by a mediator; trading models: facilitative, transformative and adjudicative. Interest and negotiation for positions.
Comparing experiences and tutorial

MODULE IV – THE EXPERIENCE OF NEGOTIATING IN MEDIATION (PART II)
December 12, 2018; hours 16:00 – 19:30
• the main disputes B/B and ADR offer in Italy; mediation bodies; mediation rules for a strategy of choice. The statistical data in Italy
MODULE V – THE EXPERIENCE OF NEGOTIATING IN MEDIATION (PART III)
December 19, 2018; hours 16:00 – 19:30
Comparing experiences and tutorial
Feedback

Students will receive the relevant materials during class.

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.
The program will be focused mainly on films out of traditional distribution channels, as documentaries and, more generally, independent production.

The teaching material will be specified during the lessons.

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 WILL FOCUS ON THE EUROPEAN AND NATIONAL REGULATIONS ON ANIMAL WALFARE AND ON THE RELEVANT CASE LAW; THE SEMINAR WILL DEAL ALSO WITH THE RECENT PROPOSALS SUCH AS THAT OF THE SETTING UP OF THE NATIONAL OMBUDSMAN FOR ANIMAL WELFARE.

A SELECTION OF READINGS FROM VARIOUS SOURCES, AS SEVERAL DECISIONS OF THE COURTS (EUROPEAN AND NATIONAL), ARTICLES IN LEGAL PERIODICALS AND DOCUMENTS OF THE INSTITUTIONS (EUROPEAN AND NATIONAL) WILL BE USED.

Knowledge of consumer protection standards; Knowledge of the legal sources of food law; studying the rules concerning the market of food products. Learning of the legislation on food safety and food security.

Compendio di diritto alimentare di Costato - Borghi - Rizzioli - Paganizza - Salvi, 2017, Cedam - Utet

Students will receive the relevant materials during class.

Program: Origins and development of religious freedom in the European context. Religious freedom in law and in political action of the Council of Europe. The competence of the European Community, and of today's Union. The incidence of secularization and multiculturalism in the national and international context. Analysis and discussion of religious conflicts through modern judicial cases, with special reference to the relationship between religious pluralism and democratic society; secularism and religious symbolism; freedom of expression and criticism v. protection of religious sentiment; educational freedom of parents/students v. educational authority of the State; individual religious liberty v. rights of enterprise and organization.

The course/inscription:
Prerequisites: the examination is open to all interested students who have incurred under Public law.
The course includes frontal lessons in November / December. Attendance is mandatory.
You can subscribe by sending mail: rita.benigni@uniroma3.it; registration will be possible ONLY up to the first lesson, scheduled for THE THIRD WEEK IN NOVEMBER 2018 (day to be defined).

Teaching material: Participants will be provided with doctrinal texts, judgments, and bibliographical references, including through the E-learning portal

The purpose is to provide students with the cognitive tools and the main keys to interpreting a very important subject, through the examination of topics carefully selected as current and relevant.

Students will receive the relevant materials during class.

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.

1. The basic economic tools for the study of welfare and health models
• Fundamental principles of the economy and tools for study
• What is health economics
• The way economists think

2. Health, efficiency and competitive markets
• How to study health economics
• The characteristics of the health services market
• Deviations from the competitive model in the health sector: market failures.
• Public intervention on health markets, social security systems and regulation
• Health protection and health policies

3. The economic relevance of the health sector
• System of health accounts
• Criteria for the allocation of the national health fund to the regions
• Health expenditure by financing scheme
• Health expenditure for assistance function
• Health expenditure per dispenser
• Comparisons between European countries on the amount and structure of health expenditure

Teaching material distributed in the classroom or available on e-learning.

ATTIVITÀ FORMATIVA - DIRITTO DEL PATRIMONIO CULTURALE
30 ORE (3 CFU) - a.a. 2018/2018 - I semestre

L’attività formativa ha per oggetto lo studio del diritto del patrimonio culturale, approfondendo sia gli aspetti storici della legislazione, sia gli aspetti tecnici della tutela giuridica e della valorizzazione economica del patrimonio culturale. A tal fine l’attività si articolerà in approfondimenti multidisciplinari che terranno conto dei diversi piani giuridici che le funzioni della tutela e della valorizzazione coinvolgono.

La prima parte dell’attività si concentrerà sull’analisi della storia della legislazione, sulla disamina della normativa attuale, a partire dal codice dei beni culturali e del paesaggio alle normative specifiche di settore, ivi comprese quelle inerenti le relazioni internazionali, sull’approfondimento degli aspetti

riguardanti i rapporti fra la normativa di matrice pubblicistica e la disciplina delle situazioni giuridiche di matrice privatistica, con un’attenzione particolare al settore commerciale.

Della normativa pubblicistica sarà oggetto di analisi specifica la tutela penale dei beni culturali, sia nella configurazione sostanziale del reato e degli elementi relativi alla valutazione della colpevolezza, sia nell’articolazione delle tecniche investigative e in generale degli aspetti procedurali.

Le lezioni saranno tenute da docenti esperti, in base alla materia di competenza, come da calendario, per un totale di 20 ore.

La seconda parte (10 ore) si articolerà in sottoattività di natura differente, volte ad impegnare gli studenti negli aspetti pratici delle funzioni di tutela e valorizzazione, e che saranno definite una volta avviato il corso.

Per partecipare è inderogabilmente necessario iscriversi entro il 6 ottobre 2018, inviando una e-mail alla dott.ssa Giulia Guida al seguente indirizzo: giulia.guida@uniroma3.it.

L’attività si terrà qualora sarà raggiunto il numero minimo di iscritti pari a 15.

Per l’acquisizione dei crediti lo studente dovrà redigere un breve elaborato scegliendo discrezionalmente come tema uno dei profili affrontati durante l’attività.

La prova si terrà in data da concordare di concerto con gli studenti.




PROGRAMMA ATTIVITA’ FORMATIVA

IL DIRITTO DEL PATRIMONIO CULTURALE

30 ORE (3 CFU)

a.a. 2018/2019

I semestre


STORIA DELLA LEGISLAZIONE IN TEMA DI TUTELA DEL PATRIMONIO CULTURALE

(B. CORTESE)


11 ottobre merc. ore 16.00 aula 3

18 ottobre merc. ore 16.00 aula 3


LA TUTELA PUBBLICISTICA DEL PATRIMONIO CULTURALE: IL CODICE DEI BENI CULTURALI E DEL PAESAGGIO

(A.M. SANDULLI)


23 ottobre mart. ore 16.00 aula 7






LA TUTELA DEI BENI CULTURALI DI INTERESSE RELIGIOSO E IL RUOLO DELLE CONFESSIONI RELIGIOSE

(R. BENIGNI)


31 ottobre ore 14.00 aula 7

7 novembre ore 14.00 aula 7


PROFILI PRIVATISTICI DELLA TUTELA DEL BENE CULTURALE DAI BENI IMMOBILI SOGGETTI A VINCOLO, ALLA TUTELA DEL DIRITTO D’AUTORE, ALLE ATTIVITA’ DI IMPRESA

(A. GEMMA-E. BATTELLI)


9 novembre ven. 17.45 (Andrea Gemma) aula 5

12 novembre lun. 17.45 (Ettore Battelli) aula 5



LA TUTELA PENALE NAZIONALE E INTERNAZIONALE DEI BENI CULTURALI E DEL PAESAGGIO

(A. MASSARO)


15 novembre giov. 14.00 aula 6

22 novembre giov. 14.00 aula 6


ATTIVITA’ INVESTIGATIVE E PROCEDIMENTO PENALE IN MATERIA DI BENI CULTURALI E DEL PAESAGGIO NELL’ORDINAMENTO ITALIANO E NEL DIRITTO INTERNAZIONALE

(L. LUPARIA)

26 novembre lun. orario e aula da individuare


Si avvisa che le aule potranno essere soggette a cambiamenti.

The Educational activity 'Cultural Heritage Law' does not require specific texts on which to base the study but it is based on the content of the lectures that are designed to provide the necessary resources to develop the subject of the protection of cultural heritage in its multidisciplinarity.

The course analyzes the discipline of d.lgs 231/2001, also through a careful study of the most relevant issues emerged in the application practice.

The Learning material will be given in class

Some texts by classical authors will be examined: Max Weber, Hans Kelsen, Carl Schmitt.

The study materials will be sent to the students.

Company with public shareholder law
The lessons will focus on the impact of administrative/public law on the rules of commercial law and the influence of the different points of view and interests. Some relevant judicial cases, European and Italian, will be discussed.

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
P. Pettiti, Ancora una conferma che il socio pubblico diventa un privato, Giur. comm., 2016, 643 – ISSN03902269
P. Pettiti, Le società in house falliscono per il Testo Unico, Giur. comm., 2017, 130 ISSN03902269
P. Pettiti, Soggettività e fallimento della società in house, Riv. dir. comm., 2017, 340 – ISSN00355887

At the end of this course, successful students will: have a basic knowledge of the intellectual property principles; understand relevant international law principles, primary international IP treaties and regulatory authorities; be aware of the regulatory framework for patent and trademark; explore how copyright is managed individually and collectively; be aware of main issues concerning the international enforcement of IP, especially in the European Union; explore advanced comparative law topics, in patent, trademark and copyright; be aware of the relationship between IP regulation and the protection of fundamental rights and liberties in Cyberspace; identify legal issues in actual and/or hypothetical case studies; improve oral and written communication skills through legal writing and argumentation in English; master the research tools, materials and database to learn more about intellectual property law.

Students will receive the relevant materials during class.

EU LAW FOR NON EU STUDENTS
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.

Participation to one of the international law moot court competitions (Jessup, ICC moot)

Students will receive the relevant materials during class.

Written tests and preparation of at least 4 judicial deeds and 4 opinions in civil law (in the field of: civil liability, contract law, family law, property rights, obligations)

The material (case book) is provided directly in class (through slides) by the professor and available on the e-learning site
http://elearning.giur.uniroma3.it/course/index.php

The course of lectures aims to deepen the techniques and methods of writing written documents, topics and opinions through the study of practical cases concerning the main institutions of administrative law.

Students will receive the relevant materials during class.

The course aims to:

· introduce students to the Bank of Italy as institution;

· increase the students' knowledge of the tasks and
activities carried out by the Bank of Italy;

· provide students with the opportunity to establish a
direct contact with the Institution and its experts;

· increase the students' understanding of the mission
and objectives of the Central Bank

Students will receive the relevant materials during class.

International and European Disaster Law in Practice

The activity will permit students to cooperate in the elaboration of a desk study on “Regulatory Issues in Recent International Disaster Response Operations” for the benefit of the Disaster Law Programme of the International Federation of Red Cross and Red Crescent Societies (IFRC). The report aims to identify legal and operational difficulties faced by humanitarian actors in recent international relief operations. The report will be used by the IFRC in its activities for the 33rd International Conference of Red Cross and Red Crescent (Geneva, December 2019)

Students will receive the relevant materials during class.

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, limitatamente al par. 8 del cap. II.

The formative activity is organized in the form of seminar lessons that will deal with the relationship between law and religion in light of that specific type of normative action that is administrative rationality. The course will address the following topics:

- The concept of "instituting" and "institution": from the theology of the Church to institutional legal thought between the nineteenth and twentieth centuries

- Paths of the notion of faith and trust from Christian origins to the century XIX: deposit, fedeicommissus, will executor, trust

-Genealogy of managerial rationality: the pastoral visit and the fraternal correction as instruments of government of an organization

- Scientific management and humanist management. The Jesuit model and the management procedure of contemporary business

-The charism between exceptional property of the individual and socially shared function. Criticism of the Weberian model.

The formative activity is organized in the form of seminar lessons that will deal with the relationship between law and religion in light of that specific type of normative action that is administrative rationality. The course will address the following topics:

- The concept of "instituting" and "institution": from the theology of the Church to institutional legal thought between the nineteenth and twentieth centuries

- Paths of the notion of faith and trust from Christian origins to the century XIX: deposit, fedeicommissus, will executor, trust

-Genealogy of managerial rationality: the pastoral visit and the fraternal correction as instruments of government of an organization

- Scientific management and humanist management. The Jesuit model and the management procedure of contemporary business

-The charism between exceptional property of the individual and socially shared function. Criticism of the Weberian model.

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.

Testi di riferimento
Readings and course materials shall be provided during the course.

Readings and course materials shall be provided during the course.

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 FOCUSES ON THE WAYS IN WHICH THE EUROPEAN COURTS DEFINE AND DELIMITATE THE SPHERES OF THE MARKET AND STATE AND HOW THEY INTERPRET THE RELATIONSHIP BETWEEN THESE TWO CATEGORIES. IN PARTICULAR, THE COURSE DEALS WITH THE RULES WHICH CONSTITUTE THE EUROPEAN ECONOMIC ‘CONSTITUTION’ (FREE MOVEMENT, COMPETITION, PUBLIC PROCUREMENT) AND THE DEROGATION TO THEIR APPLICATION (SERVICES OF GENERAL ECONOMIC INTEREST, PUBLIC INTEREST JUSTIFICATIONS, ETC.). SPECIFIC INTEREST IS THEN PAID ON HOW THE INTERPRETATION AND THE APPLICATION OF THE EUROPEAN ECONOMIC ‘CONSTITUTION’ HAVE AFFECTED THE INTERNAL ADMINISTRATIVE LAW OF THE MEMBER STATES, IN REGARD TO THE CONCEPT OF PUBLIC SERVICE OR PUBLIC UNDERTAKING AND, MORE IN GENERAL, TO THE ACTIVITY OF NATIONAL ADMINISTRATIONS. THE COURSE ALSO FOCUSES ON THE NEW TOOLS FOR THE INTERNAL MARKET INTEGRATION PROVIDED BY THE STRATEGY DEVELOPED BY THE EUROPEAN COMMISSION. There will be a particular focus on the english language

A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED, INCLUDING SEVERAL DECISIONS OF THE EUROPEAN COURTS AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS.

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.

Simona Pinton and Lauso Zagado (eds.), Cultural Heritage: Scenarios 2015-2017, Venezia: Ed. Ca’ Foscari, 2017 (extracts).
Available online: http://edizionicafoscari.unive.it/media/pdf/books/978-88-6969-179-9/978-88-6969-179-9_CGTicPb.pdf.
Other materials will be provided during the course, according to the course schedule.

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.

See the programme of LAW OF INTERNATIONAL ORGANIZATIONS

See the programme of LAW OF INTERNATIONAL ORGANIZATIONS

SYLLABUS
1. FUNDAMENTAL CHARACTERS AND PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW (IHL)
APPLICABLE IN INTERNATIONAL AND NON-INTERNATIONAL ARMED CONFLICTS.
2. COMBATANTS AND THE CONDUCT OF HOSTILITIES – MILITARY OBJECTIVES – MEANS AND
METHODS OF WARFARE.
3. THE PROTECTION OF THE VICTIMS OF ARMED CONFLICTS – WOUNDED, PRISONERS, CIVILIANS.
4. IMPLEMENTATION OF IHL – PREVENTIVE MEASURES – MEANS OF CONTROL – STATE RESPONSIBILITY
– THE PROSECUTION OF INDIVIDUALS RESPONSIBLE FOR WAR CRIMES IN DOMESTIC
AND INTERNATIONAL COURTS.
LEARNING AND TEACHING
THE COURSE IS MADE UP OF INTRODUCTORY LECTURES ON THE MAIN SUBJECTS OF IHL, FOLLOWED BY
SEMINARS ON SPECIFIC TOPICS, CASES AND DOCUMENTS CONCERNING CONTEMPORARY PRACTICE.
CONTENTS
CONCEPT AND PURPOSE OF IHL – IHL AS A BRANCH OF INTERNATIONAL LAW – DISTINCTION
BETWEEN IUS AD BELLUM AND IUS IN BELLO – HISTORICAL DEVELOPMENT OF IHL – SOURCES OF
CONTEMPORARY IHL: HAGUE CONVENTIONS, GENEVA CONVENTIONS AND ADDITIONAL PROTOCOLS
– CUSTOMARY LAW – FUNDAMENTAL PRINCIPLES.
THE DISTINCTION BETWEEN CIVILIAN AND COMBATANTS – RELATIVITY OF THE DISTINCTION IN
MODERN CONFLICTS – COMBATANTS AND PRISONERS OF WAR – DEFINITION OF COMBATANT –
DEFINITION OF POW – TREATMENT OF POW.
PROTECTION OF THE WOUNDED, SICK AND SHIPWRECKED – PROTECTION OF MEDICAL AND RELIGIOUS
PERSONNEL, MEDICAL GOODS AND OBJECTS – THE EMBLEM OF THE RED CROSS/RED CRESCENT.
THE PROTECTION OF CIVILIANS – WHO IS A CIVILIAN? - THE PROTECTION OF THE CIVILIAN POPULATION
AGAINST THE EFFECTS OF HOSTILITIES – PROTECTION OF CIVILIANS AGAINST ARBITRARY TREATMENT
– CATEGORIES OF CIVILIANS UNDER SPECIAL PROTECTION – REGIME OF OCCUPIED TERRITORIES.
CONDUCT OF HOSTILITIES – BASIC RULE (ARTICLE 48 OF PROTOCOL I) – DEFINITION OF MILITARY OBJECTIVES
– MILITARY NECESSITY AND PROPORTIONALITY – PROHIBITED ATTACKS – PRECAUTIONARY MEASURES
IN ATTACK – PRECAUTIONARY MEASURES AGAINST THE EFFECTS OF ATTACKS – ZONES CREATED TO
PROTECT WAR VICTIMS AGAINST THE EFFECTS OF HOSTILITIES - CIVIL DEFENCE – MEANS AND METHODS
OF WARFARE – THE PROHIBITION TO CAUSE UNNECESSARY SUFFERING – THE PROHIBITION OF INDISCRIMINATE
USE OF WEAPONS – THE PRESERVATION OF THE NATURAL ENVIRONMENT – PROHIBITED OR RESTRICTED
USE OF CONVENTIONAL WEAPONS – CHEMICAL WEAPONS – BACTERIOLOGICAL AND BIOLOGICAL
WEAPONS – NUCLEAR WEAPONS – NEW WEAPONS – PROHIBITED METHODS OF WARFARE.
SPECIFICITIES CONCERNING THE LAW OF NAVAL AND AIR WARFARE.
THE LAW OF NON-INTERNATIONAL ARMED CONFLICTS – FUNDAMENTAL DIFFERENCES AND SIMILARITIES
WITH INTERNATIONAL ARMED CONFLICTS – COMMON ARTICLE 3 – ADDITIONAL PROTOCOL II
– DIFFERENT TYPES OF NON-INTERNATIONAL ARMED CONFLICTS – CUSTOMARY LAW OF NON-INTERNATIONAL
ARMED CONFLICTS – LEGAL STATUS OF THE PARTIES.
IHL AND INTERNATIONAL HUMAN RIGHTS LAW – DIFFERENCE AND COMPLEMENTARY – APPLICATION
OF IHL BY HUMAN RIGHTS MECHANISMS.IMPLEMENTATION OF IHL – THE OBLIGATION TO ENSURE RESPECT – MEASURES TO BE TAKEN IN PEACE
TIME – THE COMMAND SUPERVISION – SCRUTINY BY PROTECTING POWERS AND ICRC – FACT
FINDING COMMISSIONS - THE ROLE OF THE UNITED NATIONS – THE INTERNATIONAL RESPONSIBILITY OF
STATES FOR VIOLATIONS – COMPENSATION – PROHIBITION OF REPRISALS – THE RESPONSIBILITY FOR WAR
CRIMES – CONCEPT, CONTENTS, PROSECUTION OF WAR CRIME –STATE JURISDICTION – THE INTERNATIONAL
AD HOC CRIMINAL TRIBUNALS (ICTY AND ICTR) – THE INTERNATIONAL CRIMINAL COURT.
THE COURSE IS GIVEN IN ENGLISH. ATTENDANCE IS NECESSARY IN ORDER TO SUSTAIN THE FINAL
EXAMINATION. THE EXAMINATION WILL BE ABOUT THE ARGUMENTS DISCUSSED DURING THE
COURSE. STUDENTS ARE ALLOWED TO SUSTAIN THE EXAMINATION ON THE NOTES MADE DURING
THE COURSE, INTEGRATED WITH THE REFERENCE BIBLIOGRAPHY:
KOLB R., AN INTRODUCTION TO INTERNATIONAL HUMANITARIAN LAW OF ARMED CONFLICTS, HART
PUBLISHER

DOCUMENTATION
STUDENTS MAY FIND ALL RELEVANT TREATY-DOCUMENTATION ON THE WEB-SITE OF THE INTERNATIONAL
COMMITTEE OF THE RED CROSS: WWW.ICRC.ORG
REVIEWS
INTERNATIONAL REVIEW OF THE RED CROSS (FREE ACCESS WEB-SITE: WWW.ICRC.ORG)
YEARBOOK OF INTERNATIONAL HUMANITARIAN LAW.
INTERNET SITES
INTERNATIONAL COMMITTEE OF THE RED CROSS: WWW.ICRC.ORG
INTERNATIONAL INSTITUTE OF HUMANITARIAN LAW: WWW.IIHL.ORG
PROGRAM ON HUMANITARIAN POLICY AND CONFLICT RESEARCH – HARVARD UNIVERSITY:
WWW.HPCR.ORG

The training activity is organized in the form of seminar lessons that will deal with the relationship between law and religion in light of that specific type of normative action that is administrative rationality. The course will address the following topics:

- The concept of "instituting" and "institution": from the theology of the Church to institutional legal thought between the nineteenth and twentieth centuries

- Paths of the notion of faith and trust from Christian origins to the century XIX: deposit, fideicommissus, will executor, trust

-Genealogy of managerial rationality: the pastoral visit and the fraternal correction as instruments of government of an organization

- Scientific management and humanist management. The Jesuit model and the management procedure of contemporary business

-The charism between exceptional property of the individual and socially shared function. Criticism of the Weberian model.

E. Benveniste, Le vocabulaire des institutions indo-européennes, Paris, Minuit 1969, vol. 1
S. Paolo, Lettere (qualsiasi edizione)
F.W. Maitland, L'equità, Milano, Giuffrè 1979
M. Weber, Economia e sociètà, Milano, Comunità 1961
E. Peterson, Ekklesia, Wuerzburg, Echter 2010
C. Schmitt, I tre tipi di pensiero giuridico, in Id., Le categorie del politico, Bologna, Il Mulino 1973

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. Through an analysis of historical, sociological and philosophical sources, as well as thanks to empirical observation, during the course 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.

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 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 (Section I, VII, VIII, IX, X, XI, XII, XIII, XIV. It is suggested to read also sections from II to VI).

ERASMUS STUDENTS
Erasmus students are required to complete an essay comparing the legal system of the country of origin with the Italian legal system with regard to a single argument.

*****

Please note that students who fail the exam or reject the mark are allowed to repeat the exam in the subsequent examination day.
Students are not allowed to sit both exams (Diritto del Lavoro and Diritto del Lavoro II) within the same day.

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.

GERMANÒ A., MANUALE DI DIRITTO AGRARIO, VII ED., GIAPPICHELLI, TORINO, L. E.

MASTERY OF THE BANKING SYSTEM AND THE FINANCIAL MARKET ACTIVITY.
LA VIGILANZA SUGLI INTERMEDIARI BANCARI E FINANZIARI. DIRITTO DEL MERCATO FINANZIARIO.
CONTRATTI E TITOLI DI CREDITO BANCARI. GARANZIE BANCARIE.PREREQUISITI

GLI STUDENTI DEVONO CONOSCERE I SEGUENTI ARGOMENTI: CONTRATTI BANCARI, CONTRATTI DI
BORSA, TITOLI DI CREDITO. SU QUESTI TEMI: FERRI G., MANUALE DI DIRITTO COMMERCIALE, A
CURA DI C. ANGELICI E G.B. FERRI, UTET, TORINO, ULTIMA EDIZIONE.

GLI STUDENTI CHE NON HANNO SUPERATO L’ESAME DI DIRITTO COMMERCIALE II VERRANNO INTERROGATI
ANCHE SULLE PAGINE DEL MANUALE DI DIRITTO COMMERCIALE DI FERRI G., RELATIVE
AI TITOLI DI CREDITO BANCARI E AI CONTRATTI BANCARI: PP. 689-708 (ACCETTAZIONI BANCARIE E
CAMBIALI FINANZIARIE; ASSEGNI) E PARTE III.

ANTONUCCI A., DIRITTO DELLE BANCHE, GIUFFRÈ, MILANO, ULTIMA EDIZIONE.
FERRO-LUZZI P., LEZIONI DI DIRITTO BANCARIO, VOL. I, GIAPPICHELLI, TORINO, ULTIMA EDIZIONE.

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 in the national and EU law. The EU rules for the unification of the conflicts of law. The reference to foreign law and limits to its applicability.

Scope of the course
The law applicable to private transnational relations in the national legal system and according 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.
Aim of the course
At the end of the course, the student should be able to develop a correct approach to problems relating to the law and jurisdiction to decide transnational cases. This should be a useful background to properly address the profession of a lawyer.

Suggested textbook
MOSCONI, CAMPIGLIO, Diritto internazionale privato e processuale, parte generale ed obbligazioni vol. I 88th issue, UTET, Torino, 2017) and vol. II (6th issue, UTET, Torino, 2016).
Materials for attending students
During the course, materials 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) E. Dezza, Lezioni di storia della codificazione civile, Torino, Giappichelli, 2000
2) N. Bobbio, Il positivismo giuridico, Torino, Giappichelli, 1996
3) P. Alvazzi del Frate, Giustizia e garanzie giurisdizionali, Torino, Giappichelli, 2011

Comparative constitutional law: history, method and boundaries
Constitution, sources of law
Constitutional law and constitutionalism
The democratic principle and the principle of separation of powers
Forms of state
Systems of government
Unitary and federal states
Judiciary
Constitutional justice
Rights and freedoms
Beyond western constitutional law


* For a detailed description of the syllabus, see "Modalità di svolgimento"

Per i frequentanti:
1) G. Morbidelli - L. Pegoraro - A. Rinella - M. Volpi, Diritto pubblico comparato, Torino, Giappichelli, 2016:
- pp. 83-115 (La struttura delle fonti del diritto)
- pp. 117-178 (Costituzioni e costituzionalismo)
- pp. 255-303 (Le forme di Stato)
- pp. 305-357 (Diritti e libertà fondamentali)
- pp. 359-404 (La distribuzione territoriale dei poteri: tipi di Stato e Unione Europea)
- pp. 405-464 (Le forme di governo)
- pp. 465-545 (L'organizzazione costituzionale)
- pp. 547-606 (La giustizia costituzionale)

Per i non frequentanti:
1) G. Morbidelli - L. Pegoraro - A. Rinella - M. Volpi, Diritto pubblico comparato, Torino, Giappichelli, 2016:
- pp. 83-115 (La struttura delle fonti del diritto)
- pp. 117-178 (Costituzioni e costituzionalismo)
- pp. 255-303 (Le forme di Stato)
- pp. 305-357 (Diritti e libertà fondamentali)
- pp. 359-404 (La distribuzione territoriale dei poteri: tipi di Stato e Unione Europea)
- pp. 405-464 (Le forme di governo)
- pp. 465-545 (L'organizzazione costituzionale)
- pp. 547-606 (La giustizia costituzionale)
2) Materiali relativi a due temi discussi a lezione, da concordare con il docente (ca. 40 pagine)

THE BUSINESS’ ACCOUNTING RECORDS; THE FINANCIAL STATEMENT AND THE CONSOLIDATED FINANCIAL STATEMENT; THE SUPERVISORY FUNCTIONS OF THE COMPANY’S GOVERNING BODIES PURSUANT TO THE DIFFERENT CORPORATE GOVERNANCE MODELS.

- Fortunato, Il diritto contabile e i bilanci, in AA.VV., Diritto Commerciale, vol. II, Cedam-WK, Padova, 2017, pp. 1-58;
- Fortunato, Gli obblighi informativi del “nuovo” bilancio d’esercizio, in Giur. Comm., 2017, 4, pp. 498-517;
- Fortunato, La revisione legale dei conti, in AA.VV., Dialogo sul sistema dei controlli nelle società, Giappichelli, Torino, 2015, pp. 73-99.

Course description:

The course will first provide an introduction to the Law and Humanities movement in general and then focus on different, even if strictly connected, fields of study: Language & Literature, Visual, Music and Performance.
The course will question the traditional isolation of legal studies by analyzing law with reference to other social sciences and, more generally, cultural processes. Texts, symbols and representations of the law, which have greatly influenced popular understanding of it, will be discussed by scholars coming from different parts of the world, each of whom will be teaching 1-3 lessons on a specific topic.

• Attendance policy

Frequency is compulsory. The course consists in a series of short seminars (or a single lecture) given by different speakers, each providing a number of readings (from 1 to 3). Attendance is necessary in order to understand the content of the course and to develop students’ English language skills.

Course textbook(s)
Readings will be provided during the course on the basis of suggestions made by the single speakers.

Readings will be provided via the e-learning platform. Following is a list (not compulsory) of some of the most important papers published on the Law and Humanities movement:

The origins:
Cardozo B. N., Law and Literature, and Other Essays and Addresses, New York, 1931.
White J. B., The Legal Imagination, Chicago/London, abridged ed. 1985 (1973).
Wigmore J.H., A List of Legal Novels, in “Illinois Law Review”, 2 (1908), pp. 574- 593.
Weisberg R.H., Wigmore’s “Legal Novels” Revisited: New Resources for the Expansive Lawyer, in “Northwestern University Law Review”, 71.1 (1976), pp. 17-28.

Development:
Balkin J. M. and Levinson S., Law and the Humanities: An Uneasy Relationship, in “Yale Journal of Law and the Humanities”, 18.2 (2006), pp. 155-186.
Posner R. A., Law and Literature: A Relation Reargued, in “Virginia Law Review”, 72.8 (1986), pp. 1351-1392.
Witteveen W.J., Law and Literature: Expanding, Contracting, Emerging, in “Cardozo Studies in Law and Literature”, 10.2 (1998), pp. 155-160.

Interdisciplinarity:
Balkin J.M., Interdisciplinarity as Colonization, in “Washington and Lee Law Review”, 53.3 (1996), pp. 949-970.
Baron J.B., Law, Literature, and the Problems of Interdisciplinarity, in “Yale Law Journal”, 108.5 (1999), pp. 1059-1085.
Collier C. W., The Use and Abuse of Humanistic Theory in Law: Reexamining the Assumptions of Interdisciplinary Legal Scholarship, in “Duke Law Journal”, 41.2 (1991), pp. 191-273.
Smith J.A., Law and the Humanities: a Preface, in “Rutgers Law Review”, 29.2 (1976), pp. 223-227.
Sullivan K.M., Foreword: Interdisciplinarity, in “Michigan Law Review”, 100.6 (2002), pp. 1217-1226.

The decline of law as an autonomous discipline:
Posner R. A., The Decline of Law as an Autonomous Discipline: 1962-1987, in “Harvard Law Review”, 100.4 (1987), pp. 761-780.

Law and the Humanities in the Law Schools:
Dunlop C.R.B., Literature Studies in Law Schools, in “Cardozo Studies in Law and Literature”, 3.1 (1991), pp. 63-110.
Galanter M. and Edwards M.A., Introduction: The Path of Law Ands, in “Wisconsin Law Review”, 1997.3 (1997), pp. 375-387.
White G.E., Reflections on the “Republican Revival”: Interdisciplinary Scholarship in the Legal Academy, in “Yale Journal of Law and Humanities”, 6.1 (1994), pp. 1-35.

Law as Literature:
Brooks P., Narrativity of the Law, in “Cardozo Studies in Law and Literature”, 14.1 (2002), pp. 1-10.
Cover R.M., Nomos and Narrative, in “Harvard Law Review”, 97.1 (1983), pp. 4-68.
Dworkin R., Law as Interpretation, in “Critical Inquiry”, 9.1 (1982), pp. 179-200.
Levinson S., Law as Literature, in “Texas Law Review”, 60 (1981-1982), pp. 373-403.
Rains R.E., To Rhyme or Not to Rhyme: An Appraisal, in “Cardozo Studies in Law and Literature”, 16.1 (2004), pp. 1-10.
Sprafkin A., Language Strategy and Scrutiny in the Judicial Opinion and the Poem, in “Cardozo Studies in Law and Literature”, 13.2 (2001), pp. 271-298.
West R., Jurisprudence as Narrative: an Aesthetic Analysis of Modern Legal Theory, in “New York University Law Review”, 60.2 (1985), pp. 145-211.
White J.B., The Judicial Opinion and the Poem: Ways of reading, Ways of Life, in “Law and Literature: Text and Theory” edited by Lenora Ledwon, New York, 1996, pp. 5-28.

Law and the performing arts:
Levinson S. and Balkin J. M., Law, Music, and Other Performing Arts, pp.1-58, originally published in 139 U. Pa. L. Rev. 1597 (1991), now in: www.yale.edu/lawweb/jbalkin/articles/lawmusic.pdf
Id., Law as Performance, now in: http://www.yale.edu/lawweb/jbalkin/articles/london21.htm#N_1_

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

Medieval and modern Legal History II

Prof. Luca Loschiavo

Program academic year 2018/2019

The course aims to investigate the complex transition from the ancient to the medieval world with the aim of recognizing in this historical phase the emergence of the basic regulatory structures on which the juridical life of modern Europe has developed - and diversified.
The lessons will be articulated according to different thematic nodes (modules) in order to favor a 'multi-sided' understanding of the period. Particular attention will be given to the moments of 'breaking' and those of 'continuity' that have characterized these centuries.

The course will therefore proceed following a logical path as follows:

Introduction.
1. module - The empire between reforms and revolutions (284-410). The global dimension
2. module - Christianity from persecutions to the 'marriage' with the empire. A right for the societas christianorum
3. module - The barbarians and the formation of the Roman-barbarian reigns between crisis and continuity. The problems of integration and the different solutions
4. module - Legal culture: preserving and transmitting, adapting and renewing. The Justinian texts in the early Middle Ages: the Codex and Novellae cases.

studenti frequentanti :

- L. Loschiavo, Il diritto nell’età del passaggio. All’alba del diritto comune europeo (secoli III-VIII), Giappichelli ed., 2a ediz., Torino 2019
- Material provided by the teacher in class

not-attending students :

- L. Loschiavo, Il diritto nell’età del passaggio. All’alba del diritto comune europeo (secoli III-VIII), Giappichelli ed., 2a ediz., Torino 2019
- P.J. Geary, Il mito delle nazioni. Le origini medievali dell’Europa, Carocci ed., Roma 2017
- I. Wood, La trasformazione dell’Occidente romano e l’affermazione della chiesa nel primo medioevo, RomaTrE-press, Roma 2019 [this last volume will be distributed in paper format by the Efesto Library (via C. Segre, 11), but will be also available in electronic format in open access on the RomaTrE-press website within the 'Legal culture' series].

Syllabus
1. Market Performance and Government Role: an Overview.
2. The Economics of Public Spending and Welfare Programmes (Education, Health, Social Insurance, Poverty).
3. Anti-monopolistic Policies and Market Regulation. Environmental Regulation.
4. Fiscal Federalism. Revenue and Expenditure Activities: Local Governments vs Central Government
5. Fiscal Policy and Taxation in the European Context.

Reading Materials
Reference text-books:
- Boadway, R. & A. Shah, Fiscal Federalism, Cambridge U.P., 2009.
- Connally S. & A. Munro, Economics of the Public Sector, Pearson, 1999.
- Rosen H.S. & T. Gayer, Public Finance, McGraw-Hill, 2008.
- Stiglitz J.E., Economics of the Public Sector, Norton, New York, 1999.
Readings from the above text-books and further readings will be suggested at the beginning and throughout the course.

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 TORCHIA L. (a cura di), Lezioni di diritto amministrativo progredito, Bologna, Il Mulino, 2 ed., 2012.
Students not attending the course: TORCHIA L., Lezioni di diritto amministrativo progredito, Il Mulino, 2 ed., 2012 (from chapter X - included - to chapter XIV, included) and, in addition CHITI M.P. (a cura di), Diritto amministrativo europeo, Milano, 2013, Cap. I, Cap. II, Cap. V tutto, Cap. VIII, §§ 1 e 2, Cap. IX §§ da 7 a 10 (included).

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.

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.

Testi di riferimento studenti non frequentanti

Le dispense segnalate in calce verranno fornite direttamente dal docente a seguito di una richiesta del discente da inoltrare al seguente indirizzo di posta elettronica: 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)


Testi di riferimento studenti frequentanti:

Per gli studenti frequentanti l’esame finale verterà sulle dispense segnalate di seguito. In alternativa è prevista la redazione e la discussione pubblica di un elaborato, concordato con il docente, inerente ad una delle tematiche trattate durante il corso delle lezioni.

Le dispense segnalate in calce verranno fornite direttamente dal docente a seguito di una richiesta del discente da inoltrare al seguente indirizzo di posta elettronica: 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. The rights of the child in international declarations and the European Union – 2. The protection of the child between the 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, the host community and family counseling. – 5. Minor and process – 6. Minor and right to be heard – 7. Minor and protection of risk situations – 8. The protection of children with disabilities – 9. The protection of children whose mothers are detained – 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 changes and residence permit – 16. The child's right to a family status: the right to grow up in their own family – 17. Family relationships of the child – 18. The responsibility of parents – 19. The custody of children with family problems – 20. The right to a substitute family (adoption) – 21. The child's right to build a family – 22. The rights of the child in society (citizenship rights) – 23. Minors victims of (family) violence – 24. The child's right to health – 25-The child's right to education

SLIDES AND READINGS WILL BE PROVIDED DIRECTLY BY THE PROFESSOR IN THE CLASSROOM

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”).

*****

Erasmus students are required to complete an essay comparing the legal system of the country of origin with the Italian legal System with regard to a single argument.
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.
Students who fail the exam or reject the mark are allowed to repeat the exam in the following examination day.

- 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 SINCE ITS ORIGINS THROUGH THE DIRECT ANALYSIS OF MEDIEVAL AND MODERN LEGAL SOURCES AND TO DEVELOP THE SKILLS IN STUDENTS NECESSARY TO STUDY IN MORE DEPTH TOPICS OF THEIR CHOICE, PREVIOUSLY AGREED WITH THEIR PROFESSOR.



 

L. MANNORI – B. SORDI, STORIA DEL DIRITTO AMMINISTRATIVO, LATERZA 2001.

1. INNOVATIVE APPROACHES FOR ADDRESSING TARGET GROUPS, BY PROVIDING FOR EXAMPLE: MORE ATTRACTIVE EDUCATION AND TRAINING PROGRAMMES
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.
The SSPLC uses participatory approaches and ICT-based methodologies: in particular, students will use a more strategic and integrated use of ICTs and open educational resources (OER) that will allow them to get familiar with ICT based methodologies.
In fact:
-all the relevant documents (the case folder, the legislative and judicial materials) are available on line, in the private section of the Faculty website, in the electronic format (none of the documents will be in paper format), since, given the transversality of the subject, there is not a dedicated handbook for this topics;
– thanks to the drafting of the claim, students will: (i) learn to use legal databases, which they were not previously familiar with (two lessons are entirely dedicated to teach students how to conduct a computer-assisted legal research); (ii) prepare written advice (iii) work in the class only with laptops (theirs or the ones provided by the Faculty), as they will learn to share document in clouds, use just one draft shared by the all class, mark it up and and make it circulate by email;
-the entire ABF/ACF procedure is online, so that students will face with online dispute resolution (ODR).
The SSPLC allows the students to improve processes of recognition and validation of competences, having regard to the greater effectiveness of activities for the disadvantaged groups and the differences in learning outcomes linked to the socio-economic disparities.
The preference in the selection of the cases goes to the ones of particular relevance, even from the social standpoint, having special regard to the structurally vulnerable subjects, to weak, illiterate and poor consumers (as for the subjective element); and to those who had requested loans for house purchase purposes (as for the objective element, protection the right to an adequate house), or had invested their own life savings. These features of the LC and the possibility for the students to attend the meetings with clients, interview them and listen to their stories, led the student to better understand and improve their responsiveness to social and cultural diversity.
The cases dealt with by the clinic are not conceived in-house, but they are filed by consumers' associations which have a connection with the Faculty and the course teacher, which also promotes the cooperation with partners from other socio-economic sectors.

Students will receive the relevant materials during class.

The Course consists of lectures (section I) and case law discussions (section II-V),
meant to encourage active students’ participation. Each case will be examined in the
context of its specific jurisdiction and through comparative overview. Students’
evaluation will be based on class work, oral presentations and comments, and a final
paper. Academic papers, cases and materials will be made available in class and on the
website.
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.

6.1 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
6.2 Required reading for the class discussion
Napolitano, Giulio, “Comparative Administrative Law. Cases and Problems.”
(2019).
6.3 Additional reading
Rose-Ackerman, Susan, Peter L. Lindseth, and Blake Emerson (editors),
“Comparative Administrative Law”, Cheltenham, Edward Elgar, second edition, 2017.
The preliminary and the required readings will be available on the platform
Elearning (see “Canali di comunicazione elettronica di Dipartimento”, chapter I, par. 7).

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

Students attending the classes
Paolo CARETTI-Giovanni TARLI BARBIERI, I diritti fondamentali. Libertà e diritti sociali, Giappichelli, Torino, IV ed., 2017, except the chapters II, XIII and these paragraphs: 3.10; 6.9; 7.5, 7.6, 7.8, 7.9, 7.9.1, 7.11, 7.11.1, 7.14; 8.8; 9.5; 10.13, 10.14, 10.15, 10.16, 10.19, 10.20, 10.21, 10.22, 10.23, 10.24, 11.6, 12.7, 12.11, 12.12, 12.14.

Students not attending the classes
Paolo CARETTI-Giovanni TARLI BARBIERI, I diritti fondamentali. Libertà e diritti sociali, Giappichelli, Torino, IV ed., 2017, except the chapters II and XIII.

BIOETHICS AND BIO-LAW
Course in detail
The volume Il dominio delle biotecnologie. L'opportunità e i limiti dell'intervento del diritto, in the first part, offers to the reader the arguments and reflections on the ethical and legal issues raised by the rapid development of science and biotechnologies. The question on the opportunity and limits of the intervention of law is the main question discussed, in the framework of legislation and jurisprudence in Italy, as well as in Europe and Nord-America.
The second part deals with the problems of the therapeutic relationship between the physician and the patient with specific attention to the end of life issues, palliative care, therapeutic obstinacy, living will. Besides the cultural debate on the possibility to intervene on life, the main focus will be on the paths of jurisprudence in this last decade on the relevance of informed consent of the patient in the health treatment, and the analysis of the Italian Law n. 219/2017 on Informed consent and advance care directives.
The volume Il progetto filiazione nell'era tecnologica analysis the main ethical and legal issues raised by the medically assisted procreation. Technologies and procreation, pulling away from the natural path, raise a broad cultural debate, on the relationship between sexual difference and the family and the way to understand parenthood and filiation.

Educational goal
The course aims at:
a) acquiring knowledge on ethical and legal problems raised by the increasing development of science and technology; b) acquiring competences on the main theories in the pluralistic discussion (libertarianism, utilitarianism, pragmatism, personalism); c) taking into account jurisprudence and norms that discipline these issues.

Books adopted
- d'Avack L., Il dominio delle biotecnologie. L'opportunità e i limiti dell'intervento del diritto, Giappichelli, Torino, 2018.
- d'Avack L., Il progetto filiazione nell'era tecnologica. Percorsi etici e giuridici, III ed., Giappichelli, Torino 2016.

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, 11th 2019, and will take place every Monday, Tuesday and Wednesday, 12.00 a.m. - 1.45 p.m.
Monday and Tuesday class will take place in room 4, via Ostiense 159 (Main Building); Wednesday class will take place in room A2, via Ostiense 139 (Tommaseo Buonding).
Class will and by the first half of May 2019.
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.

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

Students will receive the relevant materials during class.

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 (volume in open access downloadable form the Roma TrE-Press website)

The corse is divided into three modules:
1) The first module concerns the theory of state
2) The second module concerns the concept of law and the theory of the legal system
3) the third module provides and introduction to critical legal studies

Students will receive the relevant materials during class.

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.

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.

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.

Deepening of the main issues concerning consumer law with particular regard to typical contracts

S. Mazzamuto, Il contratto di diritto europeo, III edizione, Giappichelli editore, 2017 (capitoli V, VII, VIII, IX, X)

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.

“PARTE PRATICA”: materiali didattici resi disponibili nel canale e-learning.
“PARTE TEORICA”: libro di testo “Senso e Consenso”:
- Vol. I “Storia e teoria”, pagine 287-329
- Vol. II “Tecnica”, pagine 331-402 e 481-655.
Gli STUDENTI FREQUENTANTI sono esonerati dalle pagine 331-402 del Vol. II.

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.

Insolera- Guerrini
Diritto penale e criminalità organizzata, Giappichelli, 2019.

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

Students will receive the relevant materials during class.

The course will analyze the development of the European Union's asylum policy with particular reference to the provisions of the treaties. The main regulations and directives adopted in this regard will be examined. In the second part, the most significant judgments on matters of state responsible for receiving refugees and granting asylum will be discussed with the teacher.

Favilli, L’Unione che protegge e l’Unione che respinge. Progressi, contraddizioni e paradossi del sistema europeo di asilo, in Questione giustizia , 2018 (on line)

Favilli, La politica dell'Unione in materia d'immigrazione e asilo. Carenze strutturali e antagonismo tra gli Stati membri, in Quaderni costituzionali, 2018 (available online)

Moschetta, I criteri di attribuzione delle competenze a esaminare le domande d’asilo nei recenti sviluppi dell'iter di riforma del regime di Dublino, in Federalismi, 2018, (available online)

Morgese, LA DIRETTIVA 2011/95/UE SULL’ATTRIBUZIONE E IL CONTENUTO DELLA PROTEZIONE INTERNAZIONALE, (available online) https://www.uniba.it/...morgese/morgese.../226-articolo-nuova-direttiva-qualifiche.pdf

Albano, La protezione sussidiaria tra minaccia individuale e pericolo generalizzato, in Questione giustizia, 2018 (available online)

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.

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.
Class will take place on Tuesday and Wednesday, 2.15 p.m. - 4.00 p.m.; Tuesday in room n. 7 (via Ostiense 159 building) and Wednesday in room n. A2 (Via Ostiense 139 Building).
Class will start on April 2nd 2019.

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

The aim of the course is to scrutinize the Italian discipline of arbitration, paying specific attention to processual matter.

Students will receive the relevant materials during class.

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.

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.

At the end of this course, students should:
• Develop a better understanding of the impact of digitalisation on contemporary law
• Develop the skills required for a lawyer working in an increasingly borderless and data-driven society
• Foster analytic and reasoning abilities by confronting the black-letter rules with a rapidly changing societal context
• Performing legal research and writing in English in the area of the law 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)

1) To understand the holistic system of human rights as enshrined by the European Convention on Human Rights (ECHR); 2) To analyse the influence of this system on six European Constitutions (Italy, France, Spain, Germany, Finland, FYROM).

1) To understand the holistic system of human rights as enshrined by the European Convention on Human Rights (ECHR); 2) To analyse the influence of this system on six European Constitutions (Italy, France, Spain, Germany, Finland, FYROM).

Structural functions of law - Legal system - Legal order

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

The course 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 examines the concept of conscience from a historical, philosophical and legal viewpoint. The course is divided in three parts. In the first section, we will discuss the Christian concept of conscience and the role it played in the Protestant schism. In the second section, we will discuss the philosophical responses to religious conflict and religious pluralism. In the third section, we will focus on the implications for the law: to what extent can freedom of conscience be protected and whether or not we have a right to conscientious objection.

The bibliography will be provided by the professor during the lessons.

This course has two main objectives:
- highlight the cultural underpinnings of law and legal knowledge in the context of the Renaissance;
- study the formation of legal knowledge in a European context, as national legal orders begin to emerge.
So, this course will put into perspective the technical aspects and the national dimension of law, as they are generally presented to law students.

The bibliography will be provided by the professor.

The course aims to offer a reflection on women's rights in the light of the Italian Constitution. Starting from the recognition of the right of women to vote and stand for election, we will examine the debate that took place in the Constituent Assembly the debate that took place in the Constituent Assembly will take place and led to the elaboration, among other things, of the provisions of the Constitution that expressly deal with women: articles 3 , 29, 31, 37, 48 and 51 (to which, after the 2001 constitutional amendment, the seventh paragraph of Article 117 is added). In this perspective, the legislative implementation of these principles will be examined. In particular, it will address issues relating to the political representation, work, body, family, detention and gender language.

Marina Gigante (a cura di), I diritti delle donne nella Costituzione, Napoli, 2007.

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 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.

Discretionary powers and administrative law
The course has been designed to introduce students to the fundamental values underlying public power while illustrating procedures from a global perspective common to all democratic systems.
●The students will be introduced to elements of the common law systems and will be exposed to cases coming from both English and US public law.
●The course will also familiarize students with legal terms and concepts in English and develop confidence in the expression of their ideas.
●All participants will hold presentations before the class and will be encouraged to be active in class participation.
● The course is held in English and fluency is a pre-requisite.
●The main themes covered are:
1. Procedural fairness
2. the general principles of due process with a particular focus on values,
3. the exercise of discretionary powers and the decision-making process in relation to public power
4. Agencies and regulatory powers in the EU.

Study texts :
D. J. Galligan "Due Process and Fair Procedures: A Study of Administrative Procedures" ISBN-13: 9780198256762
D. J. Galligan "Discretionary Powers" ISBN-13: 9780198256762
Paul Craig and Richard Rawlings "Law and Administration in Europe" ISBN: 9780199265374
Paul Craig "EU Administrative Law" ISBN: 9780198831648

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

Instructions will be given during the course.

The Moot Court “A Day of Crisis” will permit students to participate in an international competition focused on international law issues and negotiations in international organisations. The Roma Tre team will compete with student teams from foreign universities. For further information see https://sites.google.com/view/dayofcrisis/2019-edition

Students will receive the relevant materials during class.

Examination of the most problematic issues of criminal law through the legal and jurisprudential system concerning the criminal liability of doctors for offences caused by medical malpractice.

http://elearning2.giur.uniroma3.it,

L'attività formativa consiste in una giornata di studi, alla quale parteciperanno non solo alcuni giuristi più autorevoli sulle questioni di fine vita ma anche magistrati che hanno svolto un ruolo importante nei casi giudiziari apertisi a seguito della morte di Piergiorgio Welby e di Fabiano Antoniani.

Si riporta qui di seguito il programma completo.

Ore 9.30
SALUTI INTRODUTTIVI
Mario Trapani
Ordinario di Diritto penale - Università "Roma Tre

Mina Welby
Presidente Associazione "Luca Coscioni"

Ore 10.00
BIOETICA E BIODIRITTO: IL CONSENSO DEL PAZIENTE NELL’ATTIVITÀ MEDICO-CHIRURGICA
Presiede
Antonella Massaro
Associata di Diritto penale – Università “Roma Tre”

Relatori
Lorenzo D’Avack
Emerito di Filosofia del diritto – Università “Roma Tre”
Presidente del Comitato Nazionale per la Bioetica

Ombretta Di Giovine
Ordinaria di Diritto penale – Università di Foggia

Ettore Battelli
Associato di Diritto civile – Università “Roma Tre”

Ore 11.30
I CASI WELBY-RICCIO E ANTONIANI-CAPPATO
Presiede
Cristiano Cupelli
Associato di Diritto penale – Università di Roma “Tor Vergata”

Relatori
Filomena Gallo
Segretario nazionale dell’Associazione Luca Coscioni
Avvocato nel “caso Cappato”

Tiziana Siciliano
Procuratore aggiunto della Repubblica presso il Tribunale di Milano
Pubblico ministero nel “caso Cappato”

Zaira Secchi
Presidente del Tribunale di Avezzano
Giudice dell’udienza preliminare nel “caso Riccio”

ore 13.00 – PAUSA PRANZO

ore 14.30

LE PRATICHE DI FINE VITA AL DI FUORI DEI CONFINI ITALIANI
Presiede
Gianpaolo Fontana
Associato Diritto costituzionale – Università “Roma Tre”

Relatori
Vladimiro Zagrebelsky
Già Giudice della Corte europea dei diritti dell’uomo
Direttore del Laboratorio dei Diritti fondamentali di Torino

Jaime Peris Reira
Catedrático de Derecho penal – Universidad de Murcia

Margareth Helfer
Assoziierte für Italienisches Straf- und Strafprozessrecht und Strafrechtsvergleichung – Universität Innsbruck

Ore 16.00
LA QUESTIONE DI LEGITTIMITÀ COSTITUZIONALE E L’ORDINANZA n. 207 del 2018
Presiede
Guido Stampanoni Bassi
Avvocato
Editore e direttore editoriale della Rivista Giurisprudenza penale

Relatori
Vittorio Manes
Ordinario di Diritto penale – Università di Bologna

Giovanni Serges
Direttore del Dipartimento di Giurisprudenza e Ordinario di Diritto costituzionale – Università “Roma Tre”


ore 17.00
VINCITORI DELLA CALL FOR PAPERS INDETTA DALLA RIVISTA GIURISPRUDENZA PENALE
Ludovica Poli
Ricercatrice di Diritto internazionale - Università di Torino

Alessandra Pisu
Associata di Diritto privato - Università di Cagliari

Federico Consulich
Associato di Diritto penale - Università di Genova

Carolina Genoni
Avvocato del Foro di Milano

Simone Calvigioni
Dottorando di ricerca in diritto processuale civile - Università della Tuscia

L’attività formativa è attiva sulla piattaforma http://elearning2.giur.uniroma3.it, dove, a seguito di iscrizione da parte dello studente, sarà possibile reperire materiale didattico relativo agli argomenti trattati a lezione

The lessons will focus on European policy towards developing countries.
In this regard, the Cotonou Agreement, signed on June 23, 2000 for a period of 20 years is fundamental, which aims to stimulate and accelerate the economic, social and cultural development of the ACP States (Africa, Caribbean, Pacific), to contribute to peace and security and to foster a stable and democratic political climate.

The process of revising the Cotonou Agreement took place in accordance with Article 95 thereof which allows its modification every five years (except with regard to the provisions on economic and commercial cooperation).

The agreement marks a new phase of cooperation between the ACP countries and the European Union, a cooperation that began with the signing of the first cooperation agreement (Yaoundé Convention) in 1964 and continued with the four Lomé conventions.

The Cotonou Agreement inaugurates a new approach to cooperation, in light of the limited success achieved by the main method of managing non-reciprocal trade preferences of the conventions that preceded it and the need to adapt to international developments such as globalization and the technological evolution, as well as the profound social changes in ACP countries. This approach is aimed at strengthening the political dimension, ensuring new flexibility and giving greater responsibility to the ACP States.

The study will take place on the notes taken in class

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

Various articles and regulatory norms.

The 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.
Schedule of lessons:
MONDAY 1 APRIL
2.15pm-4.00pm
TUESDAY 2 APRIL
2.15pm-4.00pm
THURSDAY 4th APRIL
2.15pm-4.00pm
MONDAY 8 APRIL
2.15pm-4.00pm
TUESDAY 9 APRIL
2.15pm-4.00pm
THURSDAY 11 APRIL
2.15pm-4.00pm
MONDAY 15 APRIL
2.15pm-4.00pm
TUESDAY APRIL 16TH
2.15pm-4.00pm
THURSDAY 18th APRIL
2.15pm-4.00pm

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

In this course some specific sectors of State intervention in market economies are addressed, also providing elements related to the Italian case.

1. Welfare State

2. Social security

3. Health Care

4. Public programs for the poor

5. Fiscal federalism

P. Bosi (a cura di), Corso di Scienza delle Finanze, Il Mulino, Bologna, 7a ed., 2015
Cap. 8, solo parr. Da 1 a 5.

B. Bises, Lezioni di Scienza delle finanze. Il sistema tributario, Giappichelli Editore, Torino, III edizione, 2019.
Cap. 11

1. art. 32 Cost. 2. Right to health 3. Duty to care 3. Therapeutic self-determination 4.
freedom of care and freedom of therapy 5. Hard cases 6. L. 219 del 2017

during the first lesson handouts will be indicated

In occasione della prima lezione il docente fornirà le indicazioni bibliografiche necessarie al superamento della verifica

during the first lesson handouts will be indicated

The course proposes the analysis of the Spanish Constitutional system in the perspective of the European integration. It will be analysed both the principal Spanish Constitutional law elements and the most interesting case law trends of the European Courts.
HISTORIA CONSTITUCIONAL: 1812-1978

1. Las Constituciones históricas.
2. La transición a la democracia y la elaboración de la Constitución.

CARACTERÍSTICAS ESENCIALES BÁSICAS DEL SISTEMA CONSTITUCIONAL.

3. La monarquía parlamentaria.
4. El Estado social y democrático de Derecho. Valores y principios.
5. El Estado autonómico.
6. Una Constitución abierta al Derecho Europeo e Internacional.
7. La (súper) rigidez constitucional.

EL TÍTULO I DE LA CONSTITUCIÓN.

8. Estructura general.
9. Derechos fundamentales y principios rectores de la política social y económica.
10. La titularidad de los derechos fundamentales.
11. Los límites de los derechos fundamentales.
12. Las garantías de los derechos. Tipología.
13. La tutela jurisdiccional.
14. La protección reforzada de algunos derechos fundamentales. El recurso de amparo.
15. La protección internacional.
16. El Defensor del Pueblo.
17. La suspensión de derechos. Suspensión individual y estados excepcionales.

LA JEFATURA DEL ESTADO

18. La posición constitucional de la Corona.
19. Las funciones del Rey.


EL PODER LEGISLATIVO. LAS CORTES GENERALES.

20. La posición constitucional de las Cortes Generales. El bicameralismo imperfecto.
21. El sistema electoral.
22. Los órganos de las Cámaras.
23. Los grupos parlamentarios.
24. Funciones de las Cortes: La función legislativa. Leyes orgánicas y leyes ordinarias.
25. El procedimiento presupuestario.
26. Cortes Generales y tratados internacionales.
27. El control del Gobierno.
28. La moción de censura.
29. La cuestión de confianza.

EL PODER EJECUTIVO. EL GOBIERNO.

30. La posición constitucional del Gobierno
31. El nombramiento del Gobierno.
32. Composición del Gobierno y status de sus miembros
33. Funciones del Gobierno.
34. Gobierno y Administración.
35. La función normativa del Gobierno. La potestad reglamentaria
36. Los decretos- leyes.
36. La legislación delegada: los decretos legislativos.

EL PODER JUDICIAL

37. La posición constitucional del poder judicial.
38. Estructura y composición del poder judicial.
39. El status del poder judicial. Imparcialidad e independencia.
40. El gobierno de los jueces: el Consejo General del Poder Judicial.
41. El Ministerio Fiscal.

LA ORGANIZACION TERRITORIAL DEL ESTADO. EL ESTADO DE LAS AUTONOMÍAS

42. El artículo 2 de la Constitución. Unidad y autonomía. La formación de las CC.AA.
43. Los Estatutos de Autonomía.
44. Tipología competencial.
45. La organización de las Comunidades Autónomas.
46. La financiación de las Comunidades Autónomas.
47. Las relaciones entre Estado y Comunidades Autónomas: conflicto y cooperación.
48. La autonomía local.


EL TRIBUNAL CONSTITUCIONAL

50. La composición del Tribunal Constitucional.
51. El Tribunal Constitucional, intérprete supremo (no único) de la Constitución.
52. El control de constitucionalidad de las leyes. El recurso directo de inconstitucionalidad. La cuestión de inconstitucionalidad.
53. Supuestos de control previo de constitucionalidad. Los Tratados Internacionales. Los proyectos de Estatuto de Autonomía
54. La conflictividad territorial. Los conflictos de competencia ante el Tribunal Constitucional.
55. El recurso de amparo.
56. Otras funciones del Tribunal Constitucional. En particular: el conflicto entre órganos constitucionales.

L. L. Guerra, La Constitución de España, Tirant Lo Blanch, Valencia, 2019.

The activity aims to describe the development of the “primacy” . We'll examine the Primacy of EU law as interpreted by the Court of Justice, by Constitutional court and by the other national judges.
1. Introduction: the birth of the primacy. - 2. The three basis of the primacy. - 3. Direct effect/disapplication as interpreted by the Court of Justice, by Constitutional court and by the other national judges. - 4. Consistent interpretation as interpreted by the Court of Justice, by Constitutional court and by the other national judges. - 5. The reference for a preliminary ruling as interpreted by the Court of Justice, by Constitutional court and by the other national judges. - 6. Double preliminary questions - constitutional and European. New questions.

Students will receive the relevant materials during class.

The course will be developed in three parts. The first will be dedicated to identifying the typical features of strategic litigation in the field of civil liberties. The second part will illustrate cases of strategic litigation in the US and in Italy. The description of the case will also take into account the historical, political, media and social background. The third part will consist of practical lessons. The students will be engaged in writing examinations.

Students will receive the relevant materials during class.

The activity is a legal clinic in the field of international human rights law. It works on projects that, in the said field, have a clear social justice aim. In this academic year, the clinic works on two 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 two weeks), students get acquainted with the competences necessary to work on the said projects. Accordingly, the following three aspects are particularly touched upon: legal framework (rules, practice and institutions); methodology of research in international law; methodology of research in the specific field of international protection; drafting skills. In the second phase, the class works as a laboratory, during which drafts prepared by students are discussed.

The activity 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.

The notion of the crime of genocide in international law. The treatment of the question of Jews deprived of nationality and their property by the Nazi regime. The Evian conference of July 1938: the positions of the United States and those of other Western countries. The Nuremberg Tribunal. Other examples, besides the holocaust, of genocides: Armenians, Roinja, etc. The difference between the crime of genocide and crimes against humanity.

Carmelo Leotta, Il genocidio nel diritto penale internazionale, Giappichelli, Torino, 2013.

The European Court and individual appeals against the state of belonging or residence. The concept of victim. The application of the practice of systematic violations ex art. 61. The relationship with the Italian legal system and the position of the Constitutional Court on the applicability of the Court's sentences.

A. Di Stasi, Introduzione alla convenzione europea dei diritti dell'uomo e delle libertà fondamentali, Cedam, Padova, 2018.

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.

Students will receive the relevant materials during class.

Ce cours de deux semaines en droit français est consacré à l'étude des concepts fondamentaux du droit des biens et de la responsabilité non contractuelle. Un accent particulier sera également mis sur les aspects linguistiques afin de clarifier les problèmes de compréhension des nombreux faux - amis lexicaux entre les systèmes juridiques français et italien.
La méthode utilisée est "learning by doing". Au moyen de cas simples, le matériel didactique permet de répondre intuitivement aux questions posées. Les étudiants sont invités à proposer des solutions et, après une discussion, il est vérifié si les idées proposées correspondent à la législation en vigueur. Ensuite, pour aller plus loin, les concepts et les règles sont exposés dans une perspective systématique, où le rôle de la jurisprudence dans la construction du droit positif est expliqué à partir d’exemples choisis.
Les 10 leçons suivantes seront données :
I. Introduction (18/03) ; II. La possession des meubles (19/03) ; III. La défense de la possession immobilière (20/03) ; IV. La défense de la propriété immobilière (21/03) ; V. Le transfert de propriété (22/03) ; VI. Les causes de responsabilité de 1804 à nos jours (25/03) ; VII. La réparation des dommages de 1804 à nos jours (26/03) ; VIII. Le lien de causalité (27/03) ; IX. Les délits spéciaux (28/03) ; X. Le récent projet de réforme de la responsabilité civile (29/03).

Bibliographie :
F. Terré et Ph. Simler, Les biens, Dalloz, 10e éd. 2018
W. Dross, Droit des biens, LGDJ, 3e éd. 2017
Ph. Brun, La responsabilité extra-contractuelle, LexisNexis, 5e éd. 2018
L. Andreu et N. Thomassin, Cours de droit des obligations, Gualino, 3e éd. 2018

To give to a narrow group of students, who already have an expertise on immigration law, a qualifying experimental course on the Italian legislation in the field of unaccompanied minors and “young migrants”.

Students will receive the relevant materials during class.

Syllabus
The course provides the basic language needed to allow students to understand main points on subjects that are familiar and to deal with communicative situations with a certain degree of ease. In addition, the course aims to enhance students’ ability to write simple related text on legal subjects which are of personal interest or relevant to the topics included in the syllabus. The course also aims to express, describe, give reasons and provide explanations on topics of interest, legal issues and current events including news broadcastings.
The course has as its principal objectives:
a) to identify and understand the meaning and semantic networks of key legal terminology and to develop the capacity to use it in discussing current issues on a variety of legal topics. Special attention is paid to stimulating the learning of legal vocabulary by means of modeling, feedback, recasts, questioning and cognitive structuring so as to consolidate already known terms (prior, encyclopedic knowledge) and newly acquired ones;
b) to gain familiarity with other legal systems; in particular, the common law legal systems and their primary and secondary sources of law in order to stimulate comparisons with students’ ‘home’ legal systems;
c) to develop textual analysis skills and critical thinking in English at sentential and supra-sentential levels so as to enhance critical reading skills by examining discipline-related basic common law and European law documents such as Treaty articles, directives, regulations, decisions, opinions and recommendations;
d) to identify and analyze the language of landmark case-law judgments: facts, legal issue(s), reasoning and decisions;
e) to improve basic advocacy skills by describing and arguing in favour of and/or against a position(s) taken by another colleague. This entails using English through active engagement in group (team-work) and class interaction to optimize the acquired knowledge, based on the various readings and arguments developed during the course.

Materials
The materials for the lessons and other resources are uploaded weekly before each lesson in the reserved site of the Faculty of Law (“didattica”) which may be accessed by students enrolled in the course. Additional materials will be handed out in class. Links and materials relevant to the topics discussed may be indicated throughout the course for further research by participants, or placed in the lecturer’s Internet site.


Texts and dictionaries recommended:
• Easwood, J. Oxford Grammar Practice. Oxford, UK: OUP.
• Murphy, R. English Grammar in Use. Cambridge, UK: Cambridge University Press.
• Krois-Linder, A. (2006). International Legal English. Cambridge: CUP.
• English Law Dictionary. Peter H. Collin (ed.), Middlesex, UK: Peter Collin Publishing.
• Merriam-Webster’s Dictionary of Law. Massachusetts, USA: Merriam Webster Inc.
• Black’s Law Dictionary. St. Paul, MN, USA: Thomson/West.
• Macmillan English Dictionary for Advanced Learners. Oxford, UK: Macmillan Education.

LEGAL ENGLISH
Lesson 1 Course Introduction
Lesson 2 The Language of Law Chapter 1 + 2, Sections 1.1-2.1.4. pages 5-58
Lesson 3 Legislation and the Legislature, The Queen in Parliament, Sections, 2, 2.24,2, pages 58-75
Lesson 4 Parliamentary Sovereignty, UK court system and Legislature, Civil and Common Law, Legislation + Judicial Procedure, Roles: Legislature + Courts, Sections 2..2.-2.4.2, pages 76-96
Lessons 5+ 6 Criminal law, Sections 4.1-4.7.2, pages 155-194
Lessons 7 + 8+ 9 Civil law/Tort Law, Law of Tort, Law of Torts, Sections 5.1-5.7.2, pages 196-279
Lessons 10 + 11 Language of Contract Law, UNCITRAL, UNIDROIT, Sections 6.1-6.5, pages 282-349
Lessons 12 + 13 The European Dimension, Treaties, The European Court of Justice BREXIT update, Sections 3.1-3.6.3, pages 97- 126
Lesson 14 The European Convention on Human Rights, Sections 3.4-3.6.3, pages 127 – 154
Lesson 15 New crimes: Cybercrime, IP, Copyright, WIPO, Brand Management, Fraud, Identity Theft, Confidentiality, Privacy, Sustainability and Trust
Lesson 16 Guest Speaker
Lesson 17 The US Judiciary, US Supreme Court
Lesson 18 Transparency, National Security, Big Brother is Watching, Mistake, Casualty
Lesson 19 Case study and role play
Lesson 20 Mock trial simulation and Review for Exam

LEGAL ENGLISH AND THE COMMON LAW, 4° edition, Alison Riley and Patricia Sours, published by Wolters Klumer/CEDAM, 2018

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.

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.

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)

Course description:

The course will first provide an introduction to the Law and Humanities movement in general and then focus on different, even if strictly connected, fields of study: Language & Literature, Visual, Music and Performance.
The course will question the traditional isolation of legal studies by analyzing law with reference to other social sciences and, more generally, cultural processes. Texts, symbols and representations of the law, which have greatly influenced popular understanding of it, will be discussed by scholars coming from different parts of the world, each of whom will be teaching 1-3 lessons on a specific topic.

• Attendance policy

Frequency is compulsory. The course consists in a series of short seminars (or a single lecture) given by different speakers, each providing a number of readings (from 1 to 3). Attendance is necessary in order to understand the content of the course and to develop students’ English language skills.

Readings will be provided via the e-learning platform. Following is a list (not compulsory) of some of the most important papers published on the Law and Humanities movement:

The origins:
Cardozo B. N., Law and Literature, and Other Essays and Addresses, New York, 1931.
White J. B., The Legal Imagination, Chicago/London, abridged ed. 1985 (1973).
Wigmore J.H., A List of Legal Novels, in “Illinois Law Review”, 2 (1908), pp. 574- 593.
Weisberg R.H., Wigmore’s “Legal Novels” Revisited: New Resources for the Expansive Lawyer, in “Northwestern University Law Review”, 71.1 (1976), pp. 17-28.

Development:
Balkin J. M. and Levinson S., Law and the Humanities: An Uneasy Relationship, in “Yale Journal of Law and the Humanities”, 18.2 (2006), pp. 155-186.
Posner R. A., Law and Literature: A Relation Reargued, in “Virginia Law Review”, 72.8 (1986), pp. 1351-1392.
Witteveen W.J., Law and Literature: Expanding, Contracting, Emerging, in “Cardozo Studies in Law and Literature”, 10.2 (1998), pp. 155-160.

Interdisciplinarity:
Balkin J.M., Interdisciplinarity as Colonization, in “Washington and Lee Law Review”, 53.3 (1996), pp. 949-970.
Baron J.B., Law, Literature, and the Problems of Interdisciplinarity, in “Yale Law Journal”, 108.5 (1999), pp. 1059-1085.
Collier C. W., The Use and Abuse of Humanistic Theory in Law: Reexamining the Assumptions of Interdisciplinary Legal Scholarship, in “Duke Law Journal”, 41.2 (1991), pp. 191-273.
Smith J.A., Law and the Humanities: a Preface, in “Rutgers Law Review”, 29.2 (1976), pp. 223-227.
Sullivan K.M., Foreword: Interdisciplinarity, in “Michigan Law Review”, 100.6 (2002), pp. 1217-1226.

The decline of law as an autonomous discipline:
Posner R. A., The Decline of Law as an Autonomous Discipline: 1962-1987, in “Harvard Law Review”, 100.4 (1987), pp. 761-780.

Law and the Humanities in the Law Schools:
Dunlop C.R.B., Literature Studies in Law Schools, in “Cardozo Studies in Law and Literature”, 3.1 (1991), pp. 63-110.
Galanter M. and Edwards M.A., Introduction: The Path of Law Ands, in “Wisconsin Law Review”, 1997.3 (1997), pp. 375-387.
White G.E., Reflections on the “Republican Revival”: Interdisciplinary Scholarship in the Legal Academy, in “Yale Journal of Law and Humanities”, 6.1 (1994), pp. 1-35.

Law as Literature:
Brooks P., Narrativity of the Law, in “Cardozo Studies in Law and Literature”, 14.1 (2002), pp. 1-10.
Cover R.M., Nomos and Narrative, in “Harvard Law Review”, 97.1 (1983), pp. 4-68.
Dworkin R., Law as Interpretation, in “Critical Inquiry”, 9.1 (1982), pp. 179-200.
Levinson S., Law as Literature, in “Texas Law Review”, 60 (1981-1982), pp. 373-403.
Rains R.E., To Rhyme or Not to Rhyme: An Appraisal, in “Cardozo Studies in Law and Literature”, 16.1 (2004), pp. 1-10.
Sprafkin A., Language Strategy and Scrutiny in the Judicial Opinion and the Poem, in “Cardozo Studies in Law and Literature”, 13.2 (2001), pp. 271-298.
West R., Jurisprudence as Narrative: an Aesthetic Analysis of Modern Legal Theory, in “New York University Law Review”, 60.2 (1985), pp. 145-211.
White J.B., The Judicial Opinion and the Poem: Ways of reading, Ways of Life, in “Law and Literature: Text and Theory” edited by Lenora Ledwon, New York, 1996, pp. 5-28.

Law and the performing arts:
Levinson S. and Balkin J. M., Law, Music, and Other Performing Arts, pp.1-58, originally published in 139 U. Pa. L. Rev. 1597 (1991), now in: www.yale.edu/lawweb/jbalkin/articles/lawmusic.pdf
Id., Law as Performance, now in: http://www.yale.edu/lawweb/jbalkin/articles/london21.htm#N_1_

Course Schedule
https://lawandhumanitiesrome.files.wordpress.com/2019/02/lh-romatre-poster-2019.jpg

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.

Syllabus
1. Market Performance and Government Role: an Overview.
2. The Economics of Public Spending and Welfare Programmes (Education, Health, Social Insurance, Poverty).
3. Anti-monopolistic Policies and Market Regulation. Environmental Regulation.
4. Fiscal Federalism. Revenue and Expenditure Activities: Local Governments vs Central Government
5. Fiscal Policy and Taxation in the European Context.

Reading Materials
Reference text-books:
- Boadway, R. & A. Shah, Fiscal Federalism, Cambridge U.P., 2009.
- Connally S. & A. Munro, Economics of the Public Sector, Pearson, 1999.
- Rosen H.S. & T. Gayer, Public Finance, McGraw-Hill, 2008.
- Stiglitz J.E., Economics of the Public Sector, Norton, New York, 1999.
Readings from the above text-books and further readings will be suggested at the beginning and throughout the course.

The Course consists of lectures (section I) and case law discussions (section II-V),
meant to encourage active students’ participation. Each case will be examined in the
context of its specific jurisdiction and through comparative overview. Students’
evaluation will be based on class work, oral presentations and comments, and a final
paper. Academic papers, cases and materials will be made available in class and on the
website.
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.

6.1 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
6.2 Required reading for the class discussion
Napolitano, Giulio, “Comparative Administrative Law. Cases and Problems.”
(2019).
6.3 Additional reading
Rose-Ackerman, Susan, Peter L. Lindseth, and Blake Emerson (editors),
“Comparative Administrative Law”, Cheltenham, Edward Elgar, second edition, 2017.
The preliminary and the required readings will be available on the platform
Elearning (see “Canali di comunicazione elettronica di Dipartimento”, chapter I, par. 7).

The corse is divided into three modules:
1) The first module concerns the theory of state
2) The second module concerns the concept of law and the theory of the legal system
3) the third module provides and introduction to critical legal studies

Students will receive the relevant materials during class.

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