Laurea magistrale con percorso unitario quadriennale successivo all'anno di base (D.M. 25.11.2005) - Classe: LMG-01 - Area Giurisprudenza
Lingua: Italiano
Informazioni generali
Descrizione e obiettivi formativi
Il corso intende offrire agli studenti una formazione completa ed equilibrata, caratterizzata da un armonico bilanciamento tra i profili culturali ed i profili tecnico-professionali.
Gli indirizzi previsti (privatistico, pubblicistico, commercialistico ed amministrativistico), in coerenza con questo impianto fondamentale, sono rivolti ad offrire approfondimenti mirati negli ambiti di riferimento.
In tal modo, si intende formare operatori giuridici qualificati e competitivi in ambito nazionale ed europeo. Il percorso previsto si propone di trasmettere numerose competenze:
- capacità di interpretare le norme per la soluzione di problemi anche ad elevata complessità;
- solide coordinate storico-sistematiche;
- robuste basi teoriche;
- consapevolezza della collocazione del diritto nazionale, nel panorama europeo ed internazionale;
- capacità di predisporre atti giuridici di varia natura;
- capacità di risolvere casi, sulla base dei dati normativi, giurisprudenziali e dottrinali;
- competenze linguistiche e informatiche.
Sbocchi professionali
Il laureato magistrale in Giurisprudenza può lavorare come esperto legale in imprese o in enti pubblici, e accedere alle selezioni per le seguenti professioni:
- magistrato: il magistrato accerta le condizioni dell'azione penale e la esercita; amministra la giustizia penale, civile, amministrativa ed ecclesiastica nei diversi gradi del processo; controlla la liceità e la congruenza alle leggi e ai regolamenti della spesa pubblica, conduce arbitrati.
- notaio: il notaio riceve e redige gli atti tra vivi e di ultima volontà; accerta la volontà tra contraenti; verifica la legalità dei contenuti oggetto degli accordi e delle transazioni.
- avvocato: la professione compresa in questa categoria rappresenta e tutela gli interessi di persone e organizzazioni nelle procedure legali e nei diversi gradi dei processi penali, civili e amministrativi; stila documenti , contratti e fornisce consulenze legali in materia di transazioni e di atti tra vivi.
Indicatori di efficacia e livello di soddisfazione dei laureandi
- Valutazione della didattica - studenti
Sito Web: http://www.giurisprudenza.uniroma2.it
Coordinatore: Prof. Venerando Marano
direttore@giurisprudenza.uniroma2.it
Segreteria Didattica:
Via Cracovia, 50 – Stanza D.1.04
Tel. 06 7259 2356
e-mail: segreteriadidattica@giurisprudenza.uniroma2.it
The Philosophy of Law course will focus on the institutional themes of the discipline, with hints of sociology of law, deontology and general theory of law. Particular attention will be paid to the fundamental role played by the jurist in the interpretation and creation of the law. Specific in-depth study will be reserved for some issues concerning the philosophy of criminal law.
The course aims to highlight the arising, development and dogmatic configuration of private law institutions in the different contexts in which the Roman legal experience occurred. Following the traditional systematic approach, the subject of the course is: law and its partitions; law of persons and family law; civil procedure; property and property rights; obligations; law of succession upon death; donations. These issues will be studied in connection with the political, social and economic dynamics underlying them, especially in the period from the origins to the third century A.D. Three major formations will be highlighted: a) archaic law (from its origins to the III century BC), focused on the impact of the lex on the private institutions regulated by mores: family and social structures, potestative relationships on res and personae, succession, delicts, formalism in acts and procedure; b) the law of Roman imperialism (III century BC-III century AD), when the 'new' private law arises through the jurisdiction of the praetor and the jurisprudence: the change of procedural instruments, the overcoming of the formalism and the formation of the classical contractual system, the transformation of the dominium and the elaboration of the abstract notion of iura in re aliena, the praetorian and legislative reorganisation of the system of delicts, the legal forms of organisation of entrepreneurial activity; c) the law of the last phase of the empire up to the Corpus iuris (III-VI century AD), characterised by the economic crisis, the decline of jurisprudence, the transformation of procedure and the partial clouding of classical dogmatic lines, up to the Justinian reorganisation. To allow adequate coordination with the traditional systematic approach, attention will be paid to the relationship between Roman and modern dogmatic categories, particularly regarding the development of the theory of ‘negozio giuridico’.
- INTRODUCTION TO PRIVATE LAW; - PROFILES OF LEGAL ACTIVITY. SUBJECTIVE LEGAL SITUATIONS, The legal protection of rights. The subjects (natural person; personal rights. Legal person, associations, foundations etc.). - GOODS, Private autonomy (the functions of private autonomy, the structure and contract and effectiveness of the contract; Structural and functional pathologies of the contract, the main typical contracts). - TORT (The functions of civil liability; the injustice of damage; non-pecuniary damage; legal causality; - BUSINESS AND LABOR RELATIONS (General profiles); - OBLIGATIONS (the physiology, the sources of obligations other than contracts and torts) - PROPERTY AND OTHER RIGHTS IN REM; - POSSESSION; - FAMILY; - SUCCESSIONS AND DONATIONS.
In addition to the study of Public and European law, the course will provide an in-depth study on the constitutional evolution, considered in the interplay with European and international law. IN particular issues related to the protection of fundamental rights will be dealt with. Among others, the course will consider State and Constitution, sources of law and constitutional structure, regional and local entities, constitutional rights, the constitutional understanding of the relationship between internal and European law, fundamental rights and their multilevel prtection (Italian Constitutional Court, EU Court of Justice and European Court of Human Rights)
The lecture program is divided into four parts. First part: Introduction to economics • A temporary definition • The origin • The method • Instruments Second part: Microeconomics • Consumer choice • Robinson Crusoe's problem • Profit maximization • The exchange • The market • Short and long run • Input markets • The interaction between markets • The problems of exchange: market and institutions • Imperfect competition Third part: Macroeconomics • General equilibrium and macroeconomic equilibrium • National product and national income • Potential output, effective output and aggregate expenditure • The mechanics of economic fluctuations • Money • Aggregate demand and supply • Inflation • Credit, banks and finance • Monetary union • Recovery and growth Fourth part: The Italian economy from 1950 to present • Conditions of economic growth • The golden age of the Italian economy • The inflation decade • Public debt explosion • The process of monetary integration • Italy within the Eurozone before the global crisis • The “Great Recession and its legacy • Globalization and its effects • Economic implications of pandemic
The legal IT course aims to address the theoretical and legal issues related to the advent of the digital revolution (the probative value of the IT document; electronic signatures; PEC; privacy; etc.). Specific in-depth study will be reserved for the study of some major cyber crimes as well as for the analysis of the effects that ITCs have on our lives (techno-regulation; sociability; communication; knowledge and / or information; education; etc.).
The course aims to offer students an introductory framework on the history of Chinese law and its encounter with the civil tradition based on Roman law, up to the creation of the new Chinese Civil Code (2021) which came into force on January 1, 2021. 1) History of Chinese law: a) Traditional chinese law; b) first modernization: Chinese law in the nineteenth and twentieth centuries before the Maoist revolution; c) Maoist period and juridical nihilism; d) second modernization: 1978-2018 China's way to law; e) 2021: the new Civil Code of the People's Republic of China 2) Introduction to the Constitution of the People's Republic of China 3) Chinese legislation on private law and the new Chinese Civil Code 4) Importance of current Chinese law in the context of contemporary legal systems.
Arbitration and jurisdiction; general profiles of arbitration; the arbitration agreement; non-formal arbitration; administered arbitration; the referees; the relationship between referee and judge; the arbitration process; the award; the means of challenging the award; international arbitration
PROGRAM: Navigation law; definition and characters; historical outlines; sources and interpretations.Administrative activity in the public goods of navigation: the use of goods; ports and airports.The administrative activity of navigation in the strict sense.The ship and the aircraft.The exercise of navigation. The auxiliaries of the shipowner and the operator.Pleasure navigation.Contracts for the use of ships and aircraft.Pilotage and towing contracts.Contribution to common breakdowns.Liability for damages to third parties on the surface and the collision of ships and aircraft.Assistance and rescue.The recovery and finding of wrecks.Maritime and aviation insurance.International private law of navigation. PROGRAM FOR ATTENDING STUDENTS For attending students, specific examination programs will be agreed upon with the teacher, both in maritime and aeronautical matters, also on the basis of the material that will be distributed during the lessons. ERASMUS STUDENTS PROGRAM Navigation law; definition and characters; historical notes; sources and interpretations.The ship and the aircraft.The exercise of navigation.The auxiliaries of the shipowner and the operator.Pilotage and towing contracts.Liability for damage to third parties on the surface and collision of ships and aircraft.Assistance and salvage.
INTRODUCTION TO FAMILY LAW. SOURCES AND FUNDAMENTAL NOTIONS. THE CONCEPT OF FAMILY IN THE LEGAL SYSTEM.THE ITALIAN MARRIAGE SYSTEM. THE NEW FAMILY REALITIES. CIVIL PARTNERSHIP AND DE FACTO FAMILY. INVALIDITY OF MARRIAGE. SEPARATION AND DIVORCE. RELATIONSHIP. PATRIMONIAL REGIME OF THE FAMILY. FILIATION AND ADOPTION. SUCCESSION IN FAMILY LAW Specific contents Theme 1 Introduction to family law. Family and legal system. Family Relations. The Italian marriage system and the new family realities. Civil partenership and de facto family. Theme 2 Marriage as an act of private autonomy. Invalidity of the marriage. Theme 3 Family relations Theme 4 Patrimonial regime of family Theme 5 Separation and divorce Theme 6 Filiation and adoption. Theme 7 Succession in family law
The capital markets and its legal discipline. The internal and European architecture of financial market supervision. INTERMEDIARIES. Investment firms: subjective profiles and monopoly rules. INTERMEDIARIES. Investment services and activities. INTERMEDIARIES. The classification of clients and the rules of conduct in the provision of investment services. INTERMEDIARIES. Product governance and product intervention. The off-site offer. INTERMEDIARIES. Enforcement of the rules of conduct. INTERMEDIARIES. The collective management of savings. Subjects and products of asset management. Rules of conduct and regulation of the marketing of UCIs. MARKETS. Trading venues. Regulated markets. Admission to listing and supervisory activity. MARKETS. Alternative trading venues. MARKETS. High Frequency Trading and short selling. MARKETS. Post-trading facilities. Clearing and settlement systems. Centralized management. MARKETS. The regulation of market abuse. Insider trading and market manipulation. The system of enforcement of market abuse. ISSUER. The offer of financial instruments to the public. The offer prospectus. ISSUER. The offer of financial instruments to the public. The discipline of the offer. Exemptions. Vigilance. ISSUER. The takeover bid. Voluntary takeover bids: rules of transparency and regulation of the procedure. The discipline of the mandatory takeover bid.
The criminal law of the economy and the guiding principles of criminal law; subjects: individual liability, legislative decree 231 of 2001, sanctions; corporate crimes: general characteristics and individual incriminating cases; financial crimes: general characteristics and single incriminating cases: criminal offenses in bankruptcy matters: general characteristics and single incriminating cases; tax crimes: general characteristics and individual incriminating cases; heritage protection and protection of collective economic-patrimonial interests.
Federalism and regionalism. Regionalism in the Italian constitutional story. Ordinary statutes and electoral legislation. Legislative and regulatory autonomy. Administrative autonomy. Financial autonomy. The special autonomies. The organization of the Regions. Interference powers and cooperative connections. The Regions the European Union.
The origin of constitutional justice. Different models. The choices of Italian Constitution. The Constitutional Court and its sources. The different competences of italian constitutional court. Constitutional Court and form of government. The relationship with other European Courts.
- Embezzlement (Article 314 of the Criminal Code); - Embezzlement through profit of the error of others (Article 316 of the Italian Criminal Code); - Embezzlement to the detriment of the State (Article 316 bis of the Criminal Code); - Undue receipt of funds to the detriment of the State (Article 316 ter of the Criminal Code); - Extortion (Article 317 of the criminal code); - Corruption for an official act (Article 318 of the Italian Criminal Code); - Corruption for an act contrary to official duties (Article 319 of the Criminal Code); - Aggravating circumstances (Article 319 bis of the Criminal Code); - Corruption in judicial acts (art.319 ter of the Criminal Code); - Undue inducement to give or promise benefits (Article 319 quater of the Criminal Code); - Bribery of a person in charge of a public service (Article 320 of the Italian Criminal Code); - Penalties for the briber (Article 321 of the criminal code);
The corporate phenomenon. The contractual basis; the social types. The organization of partnerships and its events. The organizational models of limited liability companies. It follows: the financial profiles. It follows: the organizational profiles. Qualifying holdings and groups of companies. Companies with listed shares and corporate governance issues. The events of the organization of limited liability companies.
Introduction to the Ancient Near East Law; the ancient Laws (The Ur-Namma Code; the Lipit-Ishtar Code; the Eshnunna Laws; the Hammurapi Code; the Edict of debt forgiveness; the Hittite Laws; the Middle Assyrian Laws; the Laws of the Old Testament). The texs will be presented in italian translation and provided online, read and commented considering the historical and juridical context.
The first part of the course will be focused on the rational under a European contract and obligations law, on the relationship between the common contract and obligations law and the internal market and on the sources of European contract and obligations law. The second part will be focused on the formation of contract and on the remedies in the International Sale of Goods (United Nations Convention on contracts for the international sale of goods – CISG), on some particular aspects of the Unidroit Principles, of the Principles of European Contract Law and of the Draft Common Frame of Reference (particular attention will be devoted to long-term contracts and on remedies for the preservation of them, taking into account the Covid-19 pandemic and all consequential measures) and of the consumer acquis.
General principles and scope of application of the labour proceedings. - Conciliation and arbitration. - The discipline of the labour process in the first instance. - The defenses of the parties, the hearing, the instruction, the powers of the judge, the decision-making phase. - The enforceability of the decision and the res judicata. The appeals. - Special proceedings - protection against dismissals.
THE CONTENTS OF THE COURSE WILL FOCUS ON THE COORDINATES OF THE FUNDAMENTAL RIGHTS OF PRISONERS (INCLUDING MINORS) AND THE OUTLINES OF PRISON REGULATIONS. IN PARTICULAR, THE CONDITIONS OF INMATES WILL BE EXAMINED, INCLUDING THOSE SUBJECT TO THE STRICTER REGIME OF 41 BIS O.P., MINORS, YOUNG ADULTS AND MOTHERS. IN ADDITION TO STUDYING THE SUGGESTED TEXTBOOK, STUDENTS WILL BE PROVIDED WITH TEACHING MATERIALS DURING THE LESSONS ON THE MOST CRITICAL ISSUES (CASE LAW AND DOCTRINE).
The course will be aimed at acquiring the notions of "proceeding" in general and "criminal proceeding" more in detail and will focus on the impact that the purposes of the latter can have on fundamental freedoms: first of all personal freedom (art. 13 Constitution) , domicile(art. 14 Constitution) and correspondance (art. 15 Constitution). Such inviolable rights do not fulfill the whole subject, since other freedoms can be gathered from the open "catalogue" of art. 2 Constitution. Other significant principles can be gathered from the European Convention on Human Rights and from its interpretation given by the supranational jurisprudence. Among them, the so-called right to privacy plays a central role but its constitutional and ordinary level is still being discussed with consequences on the criminal proceeding field. Finally, the presumption of innocence(art. 27 para 2 Constitution) plays a leading role in identifying the reasons ( non clarified by art. 13 Constitution) authorizing any limitation of personal freedom while pending a proceeding. The inviolable right to defence (art. 24 para 2 Consitution) goes together with such a presumption and is an essential tool avoid any aggression to fundamental freedoms that criminal proceedings can involve.
The program is divided into three parts. The first one takes into account the limits to public finance according to EU law (Stability and Growth Pact, European Semester, Fiscal Compact, Six pack, Next Generation EU) and the constitutional principles about public finance. The second part is about the state budget and the budget of the Regions and of the municipalities. The third part is about controls on public spending, responsibility of public officials, and the administration of public properties.
Introduction to the contractual activity of the public administration National and European regulatory framework Origins and purposes of public evidence Economic operators and participation requirements Contractor selection procedure The execution of the contract Dispute resolution
The program is articulated in 15 Teaching Units (with 5 extra Units for Law students). Each Unit is around 2 academic hours lesson. 1) Cultural Heritage and Intellectual Property: convergence, divergence, interface. 2) Cultural Heritage and Intellectual Property: the "Masaai" case, the "Coca Cola" case, the "Zimbabwe name and symbol" case. 3) Discussion and presentations in class of the cases: a) Lego Bricks, b) Mona Lisa, c) Barbie Doll. 4) Intellectual Property Law and the Safeguarding of Traditional Culture: the case of Djalambu “hollow log ceremony” in Australia. 5) Copyright: definition and sample cases . 6) Discussion of the cases: a) Internet, b) Mike Tyson Tatoo, c) Kodak Camera. 7) Copyright: duration, economic and moral rights, resale right. 8) Copyright: ownership , licence. Internet and digitazion. 9) Discussion of the cases: a) Football, b) Ferragamo, c) Bitcoin, d) Uncle Tom Cabin. 10) Trademark: definition, discipline, sample cases. 11) Guest speaker 12) Geographical indications. 13) Champagne and Murano Glass 14) Patent 15) Movie on IP and discussion in class 16) Written exercises in class. 17) Discussion of the cases: a)Tempesta Map of Rome, b) Light Bulb; c) Steamboat Willy, d) Post-it 18) Botticelli’s Venus and Michelangelo’ s David. 19) Risk management strategies and dispute resolution. 20) Students Cases Presentations. Please note that: -Units from 16 to 20 are optional for Tourism Strategy’ students and mandatory for Law’ students. -The number of the cases to be discussed in class may vary depending on the number of students attending classes.
1. International legal personality. 2. Role of individuals in International law. 3. International law of human rights: genesis and developments. 4. Human rights in the UN System. The Universal Declaration of 1948 as a legal instrument the development of the universal system of human rights - The 1966 Covenants of 1966 and their protocols. The other "core conventions" on human rights. The Human Rights Council. The Treaty Bodies: structure and mandate. Reports of the states. 5. Regional systems an overview: Comparing European, America, African, Arabian, and Asian models of protection of human rights. 6. European Union and the protection oh human rights. 7. European Convention on human rights: achievements and challenges. 8. National institutions for human rights. The Italian machinery on human rights. 9. Differences and similarities of international law of human rights and of international humanitarian law.
Die Studierenden werden in das Thema des Sachenrechts im römischen Recht und im Bürgerlichen Gesetzbuch (BGB) eingeführt. Letztendlich sollen sie die Fähigkeit entwickeln, terminologische und systematische Übereinstimmungen im deutschen und römischen Recht zu erkennen.
• UNIT I - INTRODUCING CIVIL LAW STUDENTS TO COMMON LAW CONTRACT LAW - DEFINITIONS - CLASSIFICATIONS - THE ELEMENTS OF A CONTRACT (AN INTRODUCTION) - THE CONCEPT OF CONSIDERATION • UNIT II - FORMATION AND INTERPRETATION OF CONTRACT - THIRD PARTY RIGHTS - GOOD FAITH - FAIRNESS • UNIT III - CHANGES OF CIRCUMSTANCES DURING THE LIFTIME OF A CONTRACT - THE DEATH OF A CONTRACT (DISCHARGE; REMEDIES FOR BREACH) • UNIT IV - FREEDOM OF CONTRACT - THE TERMS - THE CLAUSES • UNIT V - BOILERPLATE CLAUSES • UNIT VI - INTRODUCTION TO TORTS LAW FOR CIVIL LAW STUDENTS - DONOGHUE VS. STEVENSON: DUTY OF CARE/ LAW OF NEGLIGENCE - MONROE V HOPKINS: DEFAMATION • UNIT VII - THOMPSON-SCHWAB AND ANOTHER V COSTAKI AND ANOTHER: PRIVATE NUISANCE - FAGAN V COMMISSIONER OF METROPOLITAN POLICE: BATTERY - VIASYSTEMS LTD V THERMAL TRANSFER LTD: VICARIOUS LIABILITY • UNIT VIII - HEDLEY BYRNE & CO LTD V HELLER & PARTNERS LTD: DUTY OF CARE - CAPARO INDUSTRIES PLC VS DICKMAN: CONCEPT OF DUTY OF CARE - RYLANDS VS FLETCHER: STRICT LIABILITY • UNIT IX - LEGAL MOVIE ON TORTS LAW AND DISCUSSION IN CLASS.
- The foundation of human rights and the main philosophical-legal theories (natural law; legal positivism) (4 hours); - the concept of person for law in relation to underlying anthropological models (scientistic reductionism, ontological and relational personalism, utilitarianism) (2 hours); - human rights and citizens' rights: institution of citizenship and legal status of foreigners; rights and duties of citizens (4 hours); - human rights and women's rights (4 hours); - duty of solidarity and the social doctrine of the Catholic Church (4 hours); - during the presentation, the individual topics and institutes will be related to the main Human Rights Declarations of the 20th century and selected case studies of decisions of the European Court of Human Rights in Strasbourg.
The course focuses on the study of the main institutions of Islamic law (persons, marriage, property, contracts and obligations, inheritance, criminal law) with an eye constantly turned to the dialectic between modernization and tradition that characterizes contemporary systems. The following topics will be addressed: Sharia and fiqh; The legal schools and the birth of the Islamic model; The dialectic between sharia and qanun; Colonization and legal acculturation; Process of codification in the modern States; Application of Islamic law in contemporary Islamic countries; New legal trends in Islamic countries.
The course is divided into two parts. The first one examines the main features and tendencies of public regulation of markets, taking into account the impact of globalization and of EU law. In this part, the following topics will be covered: i. the founding principles of the EU economic integration process, their main instruments (freedoms of circulation, state aid rules etc.) and their most recent evolution (such as the NGEU and the European Green Deal); ii. the evolution of the intervention of the State in economics in Italy (such as the role of Cassa depositi e prestiti). The second part will deal with specific areas of public regulation (relationship between competition law and regulation; public services such as energy and transport, TLC, local public services; financial markets).
Trade union freedom. The trade union organisation. Legislation supporting the trade union. The participation of the trade union in public functions. The collective agreement: function and nature. The subjects of collective bargaining. Form and content of the collective agreement. The effectiveness of the collective agreement. Structure and levels of bargaining. Law and collective autonomy. Collective bargaining in the public sector. The right to strike: constitutional recognition. Notion of strike. Ownership and exercise of the right to strike. Strike in essential public services. Lockout. Repression of anti-union conduct.
- Outlines of public international law: subjects, sources, IOs (in particular the EU), dispute settlement - Origins of international investment law (colonialism); Decolonisation and direct expropriations; North-South debate and calls for a New International Economic Order (1970s); Attitudes of developing countries towards investments by multinational corporations; Reasons for the conclusion of thousands of international treaties on the subject - Arbitration; ICSID Arbitration; Direct Arbitration; - Direct expropriations; Indictments and protection of non-economic interests - Next Generation Investment Treaties and Sustainability - European sustainable investment policy and the role of the European Union in the conclusion of new generation agreements, the new BITs - The Achmea issue and subsequent CJEU jurisprudence - Investment and the right to water - Investments and the energy issue - Indigenous minorities their cultural heritage and the exploitation of natural resources
1. Fundamentals of capital markets in Europe 2. Basic notions of market law 3. Market integrity 4. Market disclosure 5. Negotiation activities 6. Financial intermediaries 7. Investment services 8. Organizational requirements for investment firms 9. Regulation of benchmarks 10. Takeover law 11. Conclusions 12. New trends of international regulation (ESG and cryptoassets)
GENERAL INTRODUCTION ON THE LEGAL SOURCES OF EU LAW AND THEIR BINDING VALUE IN THE MEMBER STATES LEGAL SYSTEMS; EU COMPETENCE ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS; THE PRINCIPLE OF AUTOMATIC RECOGNITION OF FOREIGN JUDGMENTS; NOTES ON REGULATION 1215/2012 CONCERNING JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS; REGULATION 2201/2003 CONCERNING JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN MATRIMONIAL MATTERS AND THE MATTERS OF PARENTAL RESPONSIBILITY.
COURSE DESCRIPTION: The course has the purpose to provide an analysis of Italian Private Law, focused on the Tort Law, which is a pivotal yet controversial part of our legal system. The course aims at sketching the basic features and the general principles of Italian Tort Law, having regard to the EU and Common Law developments, in a comparative light as well. The main goal is to set a framework for reflection and analysis about the current state of Tort Law and its recent frontiers. Class lessons are designed to afford the fundamentals while, at the same time, identifying the complexities of modern Tort Law to give grounding and perspective to the Italian approach and to assess the most important trends and the new issues. Given that the New Technologies are having nowadays a ground-breaking importance and an increasingly economic impact due to the number of sectors where they play a leading role [Big data in general, e-commerce and social network, fintech, public administration, agricultural production, medicine, sport, Internet of Things (IoT), Autonomous Vehicles (AV), robotics in general…)], in the special section will be addressed issues related to Artificial Intelligence (AI), focusing on protecting the identity, dignity and health of the human being in the context of non-contractual liability. GENERAL PART TABLE OF CONTENTS: - The architecture of the law of torts. General principles (functions of civil liability; legally “relevant” and protected interests; negligence and strict liability; causation theories and causation rules) - Damages for non-economic losses and personal injury - Professional liability (with reference to “Health Care and medical Malpractice Reform”) - Wrongful death damages - Damages for wrongful birth and wrongful life - Punitive damages - Analysis of leading cases SPECIAL PART TABLE OF CONTENTS: - Analysis of the main risk related to the New Technologies, whose actions are not exactly predictable in advance and may create undesirable results leading to injury and damage. Thus, the better performance of New Technologies will depend very much on legal certainty for companies and users, such as the allocation of liability resulting from the damage associated with the use of AI and IoT. The legal responses for these new questions must be through the different combinations of subjective and strict liability, mandatory insurance, limitation of liability and supplementary compensation through public-law-funds. - Analysis of practical cases and solutions
1. digital and new technologies 2. network communication 3. the use of databases and researching (legal and bibliographical) sources 4. Focus on security
Building on the notions learnt in the first year of the History of Italian Law, the second year aims both to delve into the history of the law closest to us, from the Statuto albertino to Fascism and the Constituent Assembly, and to focus its attention in a monographic area such as the history of representation, reread through the lens of the legal institutions of the imperative mandate and the revocation of elected representatives, from the early modern age to the current crisis of representative institutions.
MAIN SCHOOLS AND CRIMINOLOGICAL THEORIES, VICTIMOLOGY, CRIMINOLOGICAL ANALYSIS OF THE STRUCTURE OF THE OFFENSE. GENDER VIOLENCE: VIOLENCE AGAINST WOMEN, BULLYING, CYBERBULLYING, HOMOPHOBIA, STALKING, AND EFFECTS OF TERRORISM ON POPULATIONS (DESPLAZADOS), CRIMINAL ECONOMICS AND GLOBALIZATION.
The law of the European Single Market: selected issues Free movement of people Right of establishment and free provision of services Competion rules applicable to undertakings State Aids More details on which materials to study will be given during the lessons for attending students.
The course will be focused on European Private Law sources, the role played by soft law instruments, fundamental rights according to the European Convention on Human Rights and to the jurisprudence of the ECHR, general principles of private law in the light of the supranational jurisprudence. Some legal cases otaken from the jurisprudence of the European Union and of the ECHR will be discussed in classroom. Some European directives and European regulations will be analysed.
The course is structured in two parts: - a general part devoted to the systematic classification of civil liability in its articulations, contractual and extra-contractual, highlighting its fundamental and distinctive features; - a special part dedicated to responsibility in the health sector, as a privileged perspective for addressing the new trends in civil liability in the light of the recent legislative disarticulation between the contractual liability of the healthcare facility and the non-contractual liability of the doctor. Particular attention will be paid to the developments of Artificial Intelligence (AI) in the medical field and to the remedies available for the damage caused by its possible applications. The term "Robo-surgeon" refers to the use of robotic tools to help the surgeon or to manage the intervention of a doctor who is not physically present, allowing him to use the surgical instruments remotely. The interaction between "big health data" and programs, equipped with AI and capable of rapid analysis for the purposes of research, prevention, diagnosis and treatment management has reached a significant development. AI is also becoming useful for predicting possible events before they occur. By processing the right parameters, AI is able to indicate the probabilities that a disease may arise in percentage terms. All this is made possible by the creation of special software products and predictive algorithms. In the specific field of genetics, the remarkable scientific and technological progress (from the discovery of the DNA structure to the mapping of the human genome) has opened perspectives and, at the same time, posed new questions to the jurist. The so-called "predictive medicine", aimed at studying the predisposition to pathologies, inextricably involves the right to health, the right to privacy, the principle of self-determination, the protection of human dignity. These new technologies bring with them the need of legal discipline and protection, not only in terms of patentability of innovative technical inventions, but also in terms of liability in the event of damage due to errors or malfunctions. AI applications self-learning and interacting with other systems entail the risk of the unpredictability and lack of transparency of any decisions that may damage the patient, who will have to face unprecedented difficulties in supporting their claims in trial. The course aims to analyze the solutions adopted (and adoptable) by the legislation, in terms of liability for damages, to cope with the increasingly widespread use of AI and "Intelligent Robotics" in the healthcare field, encompassing pharmaceutical sector and medical devices, up to research and development (R&D) and patient care.
The discipline of competition in the civil code and in the antitrust law - The notion of firm in the competition law - Restrictive agreements - The abuse of dominant position - The concentrations between firms - The discipline of unfair commercial practices - The discipline of misleading advertising - The remedies against the violation of competition rules - Public and private enforcement.
A) THE FIRST PART OF THE COURSE FOCUSES ON KEY INSTITUTIONS OF ENGLISH AND AMERICAN COMMON LAW FROM A CIVIL LAWYER PERSPECTIVE AND WILL START FROM THEIR STRUCTURAL CHARACTERISTICS AS DERIVED FROM THEIR HISTORICAL EVOLUTION. B) THE SECOND PART OF THE COURSE WILL DEAL WITH A NUMBER OF INSTITUTES RELATED TO PRIVATE LAW CHOSEN EACH ACADEMIC YEAR AMONG: CONTRACT, TORTS, PROPERTY AND TRUST, IN ORDER TO COMPARE THEM WITH THE CORRESPONDING INSTITUTIONS OF ITALIAN LAW, AS PART OF THE WESTERN LEGALTRADITION. C) THE THIRD PART OF THE COURSE WILL ANALYSE SOME CASES OF MIXED JURISDICTIONS . IN ORDER TO ILLUSTRATE THE FORM OF LEGAL PLURALISM WHICH IS THE HISTORIC LEGACY OF COLONIALISM OR OF CLOSE GEOGRAPHIC TIES: A NUMBER OF JURISDICTIONS HAVE A STATE LEGAL SYSTEM DRAWING ON BOTH THE CIVIL AND COMMON LAW TRADITIONS. THE SPECIFIC ISSUES ARE: (EACH ONE IS AROUND TWO HOURS LESSON) 1) Common Law vs Civil Law 2) Forms of Action in early English Law 3) Equity 4)Trust (general overview+ students/teacher presentations) 5) Stare Decisis and the Judicial Reforms 6) Legal professions in UK 7) Contract in the English Legal System 8) Students/teacher presentations on Contract Law 9) U.S. Constitution- Bill of Rights- Federalism 10) Federal Court System-Marbury vs Madison. The birth of Judicial Review 11) State Court System 12) Adversarial Process 13) Jury (legal movie) 14) Judges- Rule of Law 15) Law Schools- Lawyers 16) Legal Realism-Mixed Jurisdictions introduction. 17) Students/teacher presentations: Pakistan- Hong Kong- Israel 18) Students/ teacher presentations: Cyprus- Québec- South Africa-Malta 19) Legal Movie and/or Guest Speaker 20) Final review/written exercitation.
The approach to the matter will be conducted through the study of the constitutional and supranational guarantees that inform the discipline dictated by Legislative Decree No. 231/2001. The analysis of the corporate liability models will be the premise for discerning recipients of the discipline, predicate offenses, penalties, and imputation criteria. The relationship between corporate liability and criminal jurisdiction will be examined, particularly to reconstruct defensive rights and interim measures. Subject of the program are, in detail, the following topics: - fundamental principles and regulatory sources; - nature of corporate liability for acts constituting offences, recipients of the discipline, predicate offenses, penalties, imputation criteria and role of organizational and management models; - features of criminal proceedings to determine corporate liability; - procedural status of the body: representation, right of defense, right to evidence e burden of proof; - pre-trial interdiction measures and seizures; - stages of criminal proceedings against legal entities.
The course will cover the following topics: - EU administrative law: the phases in the evolution and the features - General principles of EU administrative law: proportionality, participation, right to be heard, etc. - The forms of EU administrative action: direct administration, indirect administration, shared administration - The EU administration and the use of force - Agencies and delegation - Composite procedures - Access and transparency - The review of EU administrative decisions
The course offers a basic knowledge of canon law as a primary legal system. In particular, it is divided into the following topics: - canonical institutes and fundamental juridical categories: theology, ecclesiology and law; sacra potestas; internal hole; salus animarum; equity and epikeia; elasticity; rationality; - Canon law and temporal realities: potestas in temporalibus; Church and political community; canon law and secular law; - Canon constitutional law: governing bodies of the Church, universal and local; the people of God; fundamental rights and duties; the laity - Sources of production and knowledge of law and its application: divine law and human law; law, individual administrative acts and custom - The ecclesiastical magisterium - The institution of marriage
The first part of the course will be focused on some aspects of the International Sale of Goods (United Nations Convention on contracts for the international sale of goods – CISG) and on the Unidroit Principles. The second part of the course will be focused on the consumer acquis and, in particular, on the unfair contract terms directive 93/13, on the distance selling directive 2011/83, on the consumer sales directive 99/44, on the package travel directives 90/314 and 2015/2302, on the time share directive 2008/122.
The course is based on the following program: Introduction on the usefulness of history and Roman legal history. Introductory concepts: sources and periodizations. Pomponius's liber singularis enchiridii. Age of the monarchy: Latin and Etruscan. The precivic structures. The powers of the king. The story told in the sources. The beginnings of criminal repression. Republican age: the transition. Republican constitution. Plebs's origin. The patrician / plebeian conflict. The provocatio ad populm. The decemviral code. The first archaic process. The first jurisprudence. Leges Valeriae / Oratiae. Iurisdictio. The process per formulas. The sources. The structure of lex publica. The jurisprudence. The techniques of jurists. The crisis of the republic. The senatusconsultum ultimum. The Gracchi. The dictatorships. The Principality: the passage, the theories. The power of Augustus. The problem of succession. The imperial constitutions. Jurisprudence. The Late Antiquity: terminology, classification of sources. The lex generalis and rescripta. The change in power: Diocletian and Constantine. Citation's laws. Corpus of 426 A.D. Religion. Society: agri deserts. Practice of the courts. I corpora. The canonization of the texts. Textual problems. The Theodosian Code in the two projects. Justinian: the Justinian compilation - programmatic constitutions.
AGRICULTURAL LAW PROGRAM THE SOURCES - European legislation. - The system of internal sources. - International treaties - The uses THE AGRICULTURAL ENTERPRISE - The agricultural entrepreneur: the discipline of art. 2135 of the Italian Civil Code - The other figures of agricultural entrepreneurs - The role of the agricultural entrepreneur in the CAP - Agricultural enterprise and environmental protection: the Green Deal - Agricultural enterprise, energy and environment THE FACTORS OF AGRICULTURAL PRODUCTION - Fund and farm. The circulation of the company and its components - The distinctive signs of the farm - Property and agricultural enterprise. Contracts for the use of rustic land THE AGRI-FOOD MARKETS - The regulation of agri-food markets. Interprofessional agreements - Contracts for the sale of agricultural products. Unfair commercial practices and the role of the AGCM - Structure, functioning, competition, CAP and sustainable development - Producer organizations and interbranch organizations - The new frontiers of agri-food law: Big Data and Blockchain in the agri-food chain FOOD SAFETY AND INFORMATION - The production regimes. Novel food, GMOs, organic production - Information, labeling and traceability - The precautionary principle - The hygiene package - The responsibility of the agricultural producer
The course is related to "public economy", a link between public offices and companies . Without mathematic examples are explained the role of politics in the economy , and the changes from agricoltural to industrial social organization. Public expenditure, taxes , debts , money , banks, inflation, european agreements, gross national products , all the lessons can be heard in files audios which can be detached in the specifc microsoft teams
I. Banking and banking business II. The sources of banking contract law III. Supervision of banking intermediaries IV. The banking crises V. Banking transparency VI. The correspondent current account VII. The bank deposit VIII. The opening of bank credit IX. The bank advance X. The bank discount XI. Banking services XII. Payment services XIII. The online bank
After an introduction aimed at illustrating the history of the sources of production of Roman law in the various periods, the various operational techniques of Roman jurisprudence will be examined, starting from the archaic period to the classical period that can be obtained from the analysis of the sources of knowledge and above all of the Corpus iuris civilis, of the classical juridical works or containing classical materials that have come down to us outside the Justinian Compilation and of literary works relevant to the scholar of Roman law. In the framework of this exposition, the chronological criterion and that of the deepening of jurisprudential operational techniques will intersect, which will also focus, from time to time, on the analysis of individual legal institutions, object of the analysis of jurists.
Part I (Introduction) 1. The commercium and commercial institutes Part II (The organization of the company and the responsibility of the entrepreneur) 2. The Roman business organization in the publishing system 3. The unlimited liability company and the limited liability company in the elaboration of jurists 4. The sole proprietorship 5. The collective enterprise and the relationship with the company 6. The contractual activities related to the operation of the company 7. The responsibility of the entrepreneur 8. Diachronic comparison
The Bio-Law course will examine the most current and controversial issues concerning the concepts of life, body, nature and law, in the light of the growing technological implementation, doctrinal and jurisprudential orientations and the most recent legislation on the subject. In addition to a special part – aimed at deepening the new models of existence linked to the spread of cyber philosophy and Post-Human culture (in which technology, imagination and desire merge, giving life to an "I" recoded in a de-naturalized and non-essentialist way) – the course will reserve a specific module for environmental issues and sustainable development.
Private international law International jurisdiction The rules of private international law Applicable law The recognition and enforcement of foreign judicial decisions The contractual obligations Non-contractual obligations
INTRODUCTION TO CONSUMER LAW. SOURCES AND FUNDAMENTAL NOTIONS. CONSUMER CONTRACTS BETWEEN SPECIAL REGULATIONS AND CIVILISTIC CATEGORIES OF THE CONTRACT. THE VESSATORY CLAUSES. PRE-CONTRACTUAL INFORMATION. THE RIGHT OF WITHDRAWAL. THE WARRANTY IN SALES CONTRACTS. UNFAIR BUSINESS PRACTICES. THE SAFETY OF PRODUCTS. LIABILITY FOR DAMAGE FROM DEFECTIVE PRODUCTS. THE CIVIL LIABILITY OF THE AGRICULTURAL PRODUCER. INDIVIDUAL PROTECTION AND COLLECTIVE PROTECTION. Specific contents Theme 1 Introduction to consumer law. Fundamentals notions.Consumer Contracts. Theme 2 Transparency and information. Form of the contract. Theme 3 Formation of the contract and withdrawal of the consumer. The unfair clauses. Theme 4 Unfair commercial practices. Individual and collective protections Theme 5 Guarantees in the sale of consumer goods. Theme 6 The protection of the traveler. Producer liability in the context of non-contractual liability. Theme 7 The civil liability of the agricultural producer between the consumer code and the civil code
In the first part of the course will focus on the evolution of the right to privacy and the data protection law. The topics that will be studied are: the multilevel sources, specially the GDPR (reg. UE 2016/679) and the Data protection Italian Code (d.lvo 196/2003), their scope of application; the definitions of processing, controller, processor, data subject; the principles relating to processing of personal data; the basis of the processing; the conditions for consent; the rights of the data subject and the transparent information. The topics that will be studied in the second part of the courses are: the obligations of the controller and processor; the responsability of the controller and the security of processing; the records of processing activities; the data protection officer, the codes of conduct etc.; the data protection impact assessment and the risk based approach; the supervisory authorities and the right to compensation and liability. The last part of the course will analyze the issues related to the processing of big data and personal data in some contexts (social networks, the purchase of digital contents or services, the Internet of things, the "Digital zero- price markets ") and activities (health, journalism, archiving, statistics and administration).
The business crisis - Crisis management techniques - Authoritative and negotiated solutions - Bankruptcy (or judicial liquidation) - Arrangements with creditors and restructuring agreements - Administrative disciplines for crises: extraordinary administration and compulsory liquidation. - Principles of the new corporate crisis code
Analysis of the Italian System of Criminal Procedure; Comparative Analysis of the Anglo-Saxon and the Continental Systems of Criminal Justice, with in-depth focus on specific issues
1) sports sistem: its relation with the national legal system, sources, sobjects. 2) sports contract: sports employment contracts, sports sponsorship, sports merchandising, the transfer of audiovisual rights 3) Civil liability when performing sports activities, doping. 4) Sports justice. Judicial decisions.
The protection of global interests in the international legal order o Introduction to the international legal system o Main subjects and actors § States and international organizations § The indirect role played by international non-governmental organizations o Structure of the rules § erga omnes obligations § erga omnes partes obligations Basic principles underlying the protection of cultural heritage in the international legal order o Heritage and human rights § Cultural heritage as a common heritage of humankind § The protection of the common heritage of humankind as a “third generation” human right § Culturally sustainable development: a challenge, an opportunity o Heritage and peace § The first international rules about cultural heritage in the law of armed conflicts banning pillage and voluntary attack § The restitution of illegally removed cultural properties and the protection of cultural pluralism as a condition for restoring peace and security in the UN Security Council decisions Treaty-based protection at the universal level, the UNESCO conventional system for the protection of cultural heritage o Obligations of safeguard and of respect: the 1954 The Hague Convention for the protection of cultural property in the event of armed conflict and its two Protocols o Cultural nationalism v. cultural universalism? The 1970 Paris Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownwership of cultural property and the 1995 Rome UNESCO/UNIDROIT Convention o A specific protection for sites “of outstanding universal value”: the 1972 Paris Convention concerning the protection of the world cultural and natural heritage o Granting protection to “the widest – submerged – museum of the world”: the 2001 Paris Convention on the protection of the underwater cultural heritage o Initiatives at regional level: the Council of Europe action in particular Completing the UNESCO system and broadening the object of protection: from “national treasures” to traditional knowledge and cultural goods and services o Beyond the “classic” heritage concept: the 2003 Paris Convention for the safeguarding of the intangible cultural heritage § A specific role for non-governmental organizations in the structure of the Convention o Cultural diversity as essential as biodiversity, to be protected in a globalised world: the 2005 Paris Convention on the protection and promotion of the diversity of cultural expressions § Tackling with the issue of the “fragmentation” of international law: points of contact with the works of other international fora (WIPO, WTO and UNCTAD in particular) Complementarity of the international and domestic level of protection o The international conventions mainly addressing jurisdictional questions o The international conventions which mainly aim to create a system of shared responsibility o The necessary voluntary engagement of the State on whose territory the property is localized o “Soft means of coercive implementation” to grant best effectiveness of protection Protection based on specific general international law rules, a process in the making o The already established prohibition of the pillage of cultural properties during armed conflicts o The 2003 UNESCO Declaration and international practice concerning the intentional destruction of cultural heritage: from the giant Buddhas of Bamiyan to Timbouctou and Palmira o The 2001 UNESCO Declaration affirming that cultural diversity is a common heritage of humanity
The business/company as a social group. Legal types and companies. The functions of accounting. Corporate legal relationships and their documentation. Banking and financial relationships in particular. Accounting methodologies. The double entry. The budget. Internal controls: administrative offices, management, shareholders, the board of statutory auditors. The external controls of the company: auditing firms, tax authorities, banks, supervisory and regulatory authorities.
Law of the Early and Late Middle Ages The institutional structure of Europe's Ancien régime: political and jurisdictional bodies; the Grand Tribunals; the States General; the Basic Laws of the Kingdom Absolutism: doctrines (Jean Bodin, Thomas Hobbes), norms (Ordonnances) and practice (judgments of the Grand Tribunals). The monarchs: François Hotman The Enlightenment: Montesquieu (The Spirit of the Laws), Rousseau (The Social Contract), Beccaria (Of Crimes and Punishments) The American Revolution: Declaration of Independence (1776); Federal Constitution (1787); Bill of Rights (1791); The French Revolution: Declaration of Rights of 1789; Abolition of the Imperative Mandate and Birth of Modern Representation; Constitution of 1791; Jacobin Declaration of Rights of 1793; Constitution of 1795; Colonial Slavery The Restoration in Europe and the Crisis of Representative Institutions: French Charters of 1814 and 1830; Statute albertine (1848); Paris Commune (1871) Slavery of the moderns: Code Noir (1685); (provisional) abolition in France by the Jacobins (1794); American War of Secession (1861-1865) and 13th Amendment to abolish slavery in America; final abolition (formally) of slavery in France (1848) Representation of the ancients and the moderns: From the Anglo-Saxon model to the French Revolution and Jacobin and Sanculotte practices The crisis of European public law: the First World War; the advent of fascism and Nazism; Rule of Law and Constitutional State.
Labour law. Trade union freedom. Union and supporting legislation. Collective agreement. Collective conflict. Anti-union conduct. Employment and other types of work. The employment contract. The powers of the employer. Executive power and obligations of the worker. The purpose of the service. The place of employment. Duration of employment. Safety at work. Power of control. Disciplinary power. Prohibitions of discrimination and equal treatment. Remuneration and severance pay. Suspensions of the relationship. The transfer of the company. The individual dismissal. The collective dismissal. Resignation and other causes of termination of the relationship. Working relationships with specific disciplines: domestic, nautical, public, journalistic, sports, inmates, at home, relations with elements of internationality. Term work. Unlawful interposition, contracts, administration and secondment. Part-time work. Intermittent and distributed work. Employment contracts for the purposes of training and integration. Guarantees for the realisation of the worker’s credits. The renunciations and transactions of the worker. Prescription and forfeiture. The worker’s protections.
Legitimacy and political foundations of criminal law. Economic development and criminal instruments of social control. Normative analysis and empirical analysis. General and constitutional principles. System of sources. Analysis of the crime and structure of the criminal offence. Study of all the elements of the crime and the penal sanction system.
REMEDIES IN CIVIL LAW: CONTRACTS, TORT LAW AND ENFORCEMENT OF RIGHTS. Lessons will focus on the analisis of following topics: - the substantive protection and the jurisdictional protection of rights. - Individual and collective forced execution. - Contractual protections. - Legal liability. - The principle of equal treatment of creditors. - Real guarantees and personal guarantees. - The means of preserving the asset guarantee. - Publicity and transcription of legal claims. - Evidence. - Prescription and forfeiture.
- Constitutionalism and fundamental rights protection: generations of rights in western constitutionalism. - Fundamental rights classifications and the problem of balancing. - Constitutional rights in the Italian Constitution: general framework, art. 2 IC, individual liberties, collective rights, free speech, labour rights. - Fundamental rights in the comparative perspective. - Multilevel protection of fundamental rights and the connections between Courts in the supranational arena.
The aim of the course is to provide learners with the fundamental notions on the nature and functioning of public administrations and private entities equivalent to them. These notions are able to develop the knowledge to understand: the way of deciding the public apparatuses, conjugated with the principle of legality; the relationship between public law and economics; the mechanism of public accountability. By acquiring these notions, learners are given access to an understanding of the dynamics of political power, of its differences with managerial powers, of the economic importance of public and public utility services, of the social and constitutional importance of fundamental rights towards public apparatuses, the supranational and, sometimes, global dimension of public administration law.
1) Enterprise The categories of entrepreneurs. The acquisition of the quality of entrepreneur. The statute of the commercial entrepreneur. The company. The distinctive signs. Original works. Industrial inventions. Competition law. Consortia between entrepreneurs. Business networks. 2) Companies The simple society. The general partnership. The limited partnership. The joint-stock company. Actions. The significant holdings. The groups of companies. The assembly. Administration. Controls. The budget. Amendments to the statute. The bonds. The dissolution of the joint-stock company. The limited partnership by shares. The limited liability company. Cooperative companies. Transformation. Merger and demerger. European companies. 3) Business crisis Negotiated settlement of the crisis. Crisis and insolvency regulation tools. Agreements. Restructuring plan. Procedures for resolving the over-indebtedness crisis. Agreement with creditors. Judicial liquidation. Crisis or insolvency of the group of companies. The careful study of the civil code and related laws (in the updated version) for the topics of interest, together with the study of the manual, is essential.
PART ONE. NOTIONS, MODELS, LINES OF EVOLUTION Object and contents of the discipline; from an inter-ordinal perspective to the protection of religious freedom. The main models of relationship between the State and religious confessions; on the concept of religious confession. Problems and perspectives. PART TWO. EUROPEAN UNION AND RELIGIOUS PHENOMENON. THE PRINCIPLES AND TOOLS. The centrality of the "religious theme" in the European Union. The protection of religious freedom Status and contribution of religious confessions. Development and impact of secondary law. PART THREE. THE ITALIAN EXPERIENCE. PRINCIPLES AND INSTITUTES The Italian Constitution and the religious phenomenon. Religious freedom: individual, collective and institutional aspects. The principle of secularism. The state and religious confessions. Concordat and Agreements with the Catholic Church; Agreements with religious confessions. The bases of the discipline of ecclesiastical bodies, of marriage, of the teaching of religion in public schools. The Holy See and the Vatican City State. Bodies of religious denominations. The means for religious or cult activities. The sustenance of the clergy. Cultural heritage of religious interest. Religious assistance. Religious education and school. The marriage. The lessons will be supplemented by exercises for the study of cases offered by the jurisprudence.
A) GENERAL PART The administrative organization 1. The concept of public administration and its evolution within modern states 2. The administration as an organized entity 3. The administration as a legal entity 4. The notion of public interest 5. The infra organizational relations 6. Administrative pluralism 7. The independent authorities 8. The public owned companies 9. Administrative action The administrative action 10. The capacity of the public administration to act through the exercise of authoritative powers 11. The capacity of the public administration to act under private law 12. The realization of public purposes as an administrative duty 13. The concept of administrative power 14. The principle of legality of administrative action 15. The principle of reasonableness 16. The principle of proportionality 17. The principle of impartiality 18. The principle of good performance 19. The discretionary power 20. Subjective rights and legitimate interests The administrative procedure 21. The decision-making process and the law no. 241/1990 22. Participation of private individuals in the administrative procedure 23. The conference of services The administrative act adopted through the exercise of authoritative powers 24. Essential elements of the administrative act 25. The invalidity of the administrative act 26. The administrative self- redress power 27. Ordinances of necessity and contingent and urgent measures The capacity of the public administration to act under private law 28. The foundation of the private law capacity of the public administration 29. The choice of the contractor through the public tender procedure 30. The discipline of the contract Public services and public goods 31. The concept of public service 32. Public services and the protection of social rights 33. Public services, protection of social rights and budget constraints 34. The different types of public goods The liability of the public administration 35. The basis of the responsibility of the public administration and its agents 36. Liability for infringement of legitimate interest 37. Pre-contractual and contractual liability 38. Administrative responsibility 39. Responsibility for failure to achieve objectives: the evaluation of the performance of the p.a. B) SPECIAL PART Nudge theory and public administration 40. The nudge theory 41. The national and international debate on nudge theory 42. Nudge theory and administration action
1. Preliminary investigations: nature; purpose; functions; duration; warranties; epilogues. 2. The archiving procedure: assumptions; opposition; nature and functions of judicial review; the filing order; forced indictment; additional investigations. 3. The notice of conclusion of the preliminary investigations: nature and functions; notifications; the provisional contestation; interrogation of the suspect; rights and powers of the antagonists; possible evolutions of the procedure. 4 Criminal prosecution: concept; mandatory; monopoly; legal proceedings; irretractability. 5. Preliminary hearing: nature and functions; ordinary performance; supplementary investigations and evidentiary integration; the modification of the imputation; epilogues of the preliminary hearing; the formation of files. 6. Judgment: preliminary documents to the trial; hearing instruction and principle of the adversarial process; usability of the statements made before the trial; judgment rule; acquittals and convictions. 7. The "alternatives" to the ordinary procedure: abbreviated judgment; application of the penalty at the request of the parties; instant judgment; very direct judgement; proceeding by decree; suspension of the proceeding with probation; the different procedures 8. Appeals: general principles of appeals; ordinary and extraordinary appeals; appeal; cassation appeal; revision. 9. Res judicata: nature and functions; irrevocability and enforceability of the sentence; ne bis in idem; extracriminal effectiveness of the judged.
The general part of the course is aimed at dealing with canonical institutes and fundamental juridical categories; the constitutional and governing bodies of the Church, universal and local; of the production and application of the law. The special part of the course concerns the illustration of specific themes such as: the institution of marriage, the management of ecclesiastical goods, ecclesial associations and movements, the "women's question".
Introduction: General part and special part. Systematic of juridical goods in Codice Rocco. Interactions between general and special parts. Historical-comparative investigation. Crimes against life. Crimes against individual safety. Crimes against property. Bankruptcy. Crimes against the environment. Crimes against the public faith. The crimes of public officials against the P.A. Elements of EU Criminal Law.
I. Characteristics and functions of the international order; II. Sunjects and actors of the international legal order; III. Sources of international law; IV. The material content of international law: A) Territorial sovereignty and its limits; B) The prohibition of the use of armed force and the Charter of the United Nations; C) the international protection of human rights; D) the punishment of international crimes committed by individuals; V. The application of international law in the legal systems of States; VI. International state’s responsibility; VII. The resolution of international disputes.
Introduction: General part and special part. Systematic of juridical goods in Codice Rocco. Interactions between general and special parts. Historical-comparative investigation. Crimes against life. Crimes against individual safety. Crimes against property. Crimes against the public faith. The crimes against the P.A.
1. Constitutional and supranational provisions related to the criminal process 2. Subjects and Parties 3. Acts of the proceedings and invalidity 4. General principles of evidence 5. Means of evidence 6. Means of searching for evidence 7/8/9. Precautionary measures 10. Preliminary investigations 11. Criminal prosecution and dismissal 12. Preliminary hearing 13/14. Special proceedings (plea bargaining, summary trial, direct trial, immediate trial, proceedings by decree, probation) 15. Trial 16. Appellate remedies N.B. 1) Chapters, paragraphs and Parts that do not deal with the topics specifically indicated in the syllabus are excluded from the study.
1) Enterprise The categories of entrepreneurs. The acquisition of the quality of entrepreneur. The statute of the commercial entrepreneur. The company. The distinctive signs. Original works. Industrial inventions. Competition law. Consortia between entrepreneurs. Business networks. 2) Companies The simple society. The general partnership. The limited partnership. The joint-stock company. Actions. The significant holdings. The groups of companies. The assembly. Administration. Controls. The budget. Amendments to the statute. The bonds. The dissolution of the joint-stock company. The limited partnership by shares. The limited liability company. Cooperative companies. Transformation. Merger and demerger. European companies. 3) Business crisis Negotiated settlement of the crisis. Crisis and insolvency regulation tools. Agreements. Restructuring plan. Procedures for resolving the over-indebtedness crisis. Agreement with creditors. Judicial liquidation. Crisis or insolvency of the group of companies. The careful study of the civil code and related laws (in the updated version) for the topics of interest, together with the study of the manual, is essential.
The protection of the person The right to privacy The data protection The capitalization of personal data
The approach to the matter will be conducted through the study of the constitutional and supranational guarantees that inform the discipline dictated by Legislative Decree No. 231/2001. The analysis of the corporate liability models will be the premise for discerning recipients of the discipline, predicate offenses, penalties, and imputation criteria. The relationship between corporate liability and criminal jurisdiction will be examined, particularly to reconstruct defensive rights and interim measures. Subject of the program are, in detail, the following topics: - fundamental principles and regulatory sources; - nature of corporate liability for acts constituting offences, recipients of the discipline, predicate offenses, penalties, imputation criteria and role of organizational and management models; - features of criminal proceedings to determine corporate liability; - procedural status of the body: representation, right of defense, right to evidence e burden of proof; - pre-trial interdiction measures and seizures; - stages of criminal proceedings against legal entities.
Arbitration and jurisdiction; general profiles of arbitration; the arbitration agreement; non-formal arbitration; administered arbitration; the referees; the relationship between referee and judge; the arbitration process; the award; the means of challenging the award; international arbitration
The business/company as a social group. Legal types and companies. The functions of accounting. Corporate legal relationships and their documentation. Banking and financial relationships in particular. Accounting methodologies. The double entry. The budget. Internal controls: administrative offices, management, shareholders, the board of statutory auditors. The external controls of the company: auditing firms, tax authorities, banks, supervisory and regulatory authorities.
The program is divided into three parts. The first one takes into account the limits to public finance according to EU law (Stability and Growth Pact, European Semester, Fiscal Compact, Six pack, Next Generation EU) and the constitutional principles about public finance. The second part is about the state budget and the budget of the Regions and of the municipalities. The third part is about controls on public spending, responsibility of public officials, and the administration of public properties.
1) sports sistem: its relation with the national legal system, sources, sobjects. 2) sports contract: sports employment contracts, sports sponsorship, sports merchandising, the transfer of audiovisual rights 3) Civil liability when performing sports activities, doping. 4) Sports justice. Judicial decisions.
The course will cover the following topics: - EU administrative law: the phases in the evolution and the features - General principles of EU administrative law: proportionality, participation, right to be heard, etc. - The forms of EU administrative action: direct administration, indirect administration, shared administration - The EU administration and the use of force - Agencies and delegation - Composite procedures - Access and transparency - The review of EU administrative decisions
Analysis of the Italian System of Criminal Procedure; Comparative Analysis of the Anglo-Saxon and the Continental Systems of Criminal Justice, with in-depth focus on specific issues
The course offers a basic knowledge of canon law as a primary legal system. In particular, it is divided into the following topics: - canonical institutes and fundamental juridical categories: theology, ecclesiology and law; sacra potestas; internal hole; salus animarum; equity and epikeia; elasticity; rationality; - Canon law and temporal realities: potestas in temporalibus; Church and political community; canon law and secular law; - Canon constitutional law: governing bodies of the Church, universal and local; the people of God; fundamental rights and duties; the laity - Sources of production and knowledge of law and its application: divine law and human law; law, individual administrative acts and custom - The ecclesiastical magisterium - The institution of marriage
A) THE FIRST PART OF THE COURSE FOCUSES ON KEY INSTITUTIONS OF ENGLISH AND AMERICAN COMMON LAW FROM A CIVIL LAWYER PERSPECTIVE AND WILL START FROM THEIR STRUCTURAL CHARACTERISTICS AS DERIVED FROM THEIR HISTORICAL EVOLUTION. B) THE SECOND PART OF THE COURSE WILL DEAL WITH A NUMBER OF INSTITUTES RELATED TO PRIVATE LAW CHOSEN EACH ACADEMIC YEAR AMONG: CONTRACT, TORTS, PROPERTY AND TRUST, IN ORDER TO COMPARE THEM WITH THE CORRESPONDING INSTITUTIONS OF ITALIAN LAW, AS PART OF THE WESTERN LEGALTRADITION. C) THE THIRD PART OF THE COURSE WILL ANALYSE SOME CASES OF MIXED JURISDICTIONS . IN ORDER TO ILLUSTRATE THE FORM OF LEGAL PLURALISM WHICH IS THE HISTORIC LEGACY OF COLONIALISM OR OF CLOSE GEOGRAPHIC TIES: A NUMBER OF JURISDICTIONS HAVE A STATE LEGAL SYSTEM DRAWING ON BOTH THE CIVIL AND COMMON LAW TRADITIONS. THE SPECIFIC ISSUES ARE: (EACH ONE IS AROUND TWO HOURS LESSON) 1) Common Law vs Civil Law 2) Forms of Action in early English Law 3) Equity 4)Trust (general overview+ students/teacher presentations) 5) Stare Decisis and the Judicial Reforms 6) Legal professions in UK 7) Contract in the English Legal System 8) Students/teacher presentations on Contract Law 9) U.S. Constitution- Bill of Rights- Federalism 10) Federal Court System-Marbury vs Madison. The birth of Judicial Review 11) State Court System 12) Adversarial Process 13) Jury (legal movie) 14) Judges- Rule of Law 15) Law Schools- Lawyers 16) Legal Realism-Mixed Jurisdictions introduction. 17) Students/teacher presentations: Pakistan- Hong Kong- Israel 18) Students/ teacher presentations: Cyprus- Québec- South Africa-Malta 19) Legal Movie and/or Guest Speaker 20) Final review/written exercitation.
The protection of global interests in the international legal order o Introduction to the international legal system o Main subjects and actors § States and international organizations § The indirect role played by international non-governmental organizations o Structure of the rules § erga omnes obligations § erga omnes partes obligations Basic principles underlying the protection of cultural heritage in the international legal order o Heritage and human rights § Cultural heritage as a common heritage of humankind § The protection of the common heritage of humankind as a “third generation” human right § Culturally sustainable development: a challenge, an opportunity o Heritage and peace § The first international rules about cultural heritage in the law of armed conflicts banning pillage and voluntary attack § The restitution of illegally removed cultural properties and the protection of cultural pluralism as a condition for restoring peace and security in the UN Security Council decisions Treaty-based protection at the universal level, the UNESCO conventional system for the protection of cultural heritage o Obligations of safeguard and of respect: the 1954 The Hague Convention for the protection of cultural property in the event of armed conflict and its two Protocols o Cultural nationalism v. cultural universalism? The 1970 Paris Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownwership of cultural property and the 1995 Rome UNESCO/UNIDROIT Convention o A specific protection for sites “of outstanding universal value”: the 1972 Paris Convention concerning the protection of the world cultural and natural heritage o Granting protection to “the widest – submerged – museum of the world”: the 2001 Paris Convention on the protection of the underwater cultural heritage o Initiatives at regional level: the Council of Europe action in particular Completing the UNESCO system and broadening the object of protection: from “national treasures” to traditional knowledge and cultural goods and services o Beyond the “classic” heritage concept: the 2003 Paris Convention for the safeguarding of the intangible cultural heritage § A specific role for non-governmental organizations in the structure of the Convention o Cultural diversity as essential as biodiversity, to be protected in a globalised world: the 2005 Paris Convention on the protection and promotion of the diversity of cultural expressions § Tackling with the issue of the “fragmentation” of international law: points of contact with the works of other international fora (WIPO, WTO and UNCTAD in particular) Complementarity of the international and domestic level of protection o The international conventions mainly addressing jurisdictional questions o The international conventions which mainly aim to create a system of shared responsibility o The necessary voluntary engagement of the State on whose territory the property is localized o “Soft means of coercive implementation” to grant best effectiveness of protection Protection based on specific general international law rules, a process in the making o The already established prohibition of the pillage of cultural properties during armed conflicts o The 2003 UNESCO Declaration and international practice concerning the intentional destruction of cultural heritage: from the giant Buddhas of Bamiyan to Timbouctou and Palmira o The 2001 UNESCO Declaration affirming that cultural diversity is a common heritage of humanity
Judicial protection in the Constitution, in the European Convention of Human Rights and in the civile procedure code. The general principles of the civil process. The process of cognition. The appeals. Special summary and non-summary, precautionary and non-precautionary proceedings. The execution process. The arbitration. Class actions.
First Module EU INSTITUTIONAL LAW Origins and development of the European integration process Institutional Framework Decision making procedures The European Union Legal order European Union Law and subjects of the national legal orders The European Court of Justice and its jurisdiction EU competences and Member States’ competences
The course aims to highlight the arising, development and dogmatic configuration of private law institutions in the different contexts in which the Roman legal experience occurred. Following the traditional systematic approach, the subject of the course is: law and its partitions; law of persons and family law; civil procedure; property and property rights; obligations; law of succession upon death; donations. These issues will be studied in connection with the political, social and economic dynamics underlying them, especially in the period from the origins to the third century A.D. Three major formations will be highlighted: a) archaic law (from its origins to the III century BC), focused on the impact of the lex on the private institutions regulated by mores: family and social structures, potestative relationships on res and personae, succession, delicts, formalism in acts and procedure; b) the law of Roman imperialism (III century BC-III century AD), when the 'new' private law arises through the jurisdiction of the praetor and the jurisprudence: the change of procedural instruments, the overcoming of the formalism and the formation of the classical contractual system, the transformation of the dominium and the elaboration of the abstract notion of iura in re aliena, the praetorian and legislative reorganisation of the system of delicts, the legal forms of organisation of entrepreneurial activity; c) the law of the last phase of the empire up to the Corpus iuris (III-VI century AD), characterised by the economic crisis, the decline of jurisprudence, the transformation of procedure and the partial clouding of classical dogmatic lines, up to the Justinian reorganisation. To allow adequate coordination with the traditional systematic approach, attention will be paid to the relationship between Roman and modern dogmatic categories, particularly regarding the development of the theory of ‘negozio giuridico’.
I. Characteristics and functions of the international order; II. Sunjects and actors of the international legal order; III. Sources of international law; IV. The material content of international law: A) Territorial sovereignty and its limits; B) The prohibition of the use of armed force and the Charter of the United Nations; C) the international protection of human rights; D) the punishment of international crimes committed by individuals; V. The application of international law in the legal systems of States; VI. International state’s responsibility; VII. The resolution of international disputes.
General Part: Comparison of legal systems; the method of legal comparison; systemology and taxonomic forms: problems and perspectives; circulation of legal models; convergences and divergences between legal systems; codes, laws, role of judges and doctrine; law and language; law and religion; law and geopolitics. Special Part: Macrocomparison of legal systems; comparative analysis of the main institutions of personal and family law and protection of individual rights, with special attention to the right of privacy. Civil and criminal law aspects; focus on the legal systems of the Islamic world; personal status; Muslim families and mixed marriages; crimes and punishments in Islam; culturally oriented crimes and European jurisprudence; acculturation to European models and resilience of indigenous traditions; integration of Islamic communities; radicalization and deradicalization and issues related to Islamic terrorism.
REMEDIES IN CIVIL LAW: CONTRACTS, TORT LAW AND ENFORCEMENT OF RIGHTS. Lessons will focus on the analisis of following topics: - the substantive protection and the jurisdictional protection of rights. - Individual and collective forced execution. - Contractual protections. - Legal liability. - The principle of equal treatment of creditors. - Real guarantees and personal guarantees. - The means of preserving the asset guarantee. - Publicity and transcription of legal claims. - Evidence. - Prescription and forfeiture.
PROGRAM: Navigation law; definition and characters; historical outlines; sources and interpretations.Administrative activity in the public goods of navigation: the use of goods; ports and airports.The administrative activity of navigation in the strict sense.The ship and the aircraft.The exercise of navigation. The auxiliaries of the shipowner and the operator.Pleasure navigation.Contracts for the use of ships and aircraft.Pilotage and towing contracts.Contribution to common breakdowns.Liability for damages to third parties on the surface and the collision of ships and aircraft.Assistance and rescue.The recovery and finding of wrecks.Maritime and aviation insurance.International private law of navigation. PROGRAM FOR ATTENDING STUDENTS For attending students, specific examination programs will be agreed upon with the teacher, both in maritime and aeronautical matters, also on the basis of the material that will be distributed during the lessons. ERASMUS STUDENTS PROGRAM Navigation law; definition and characters; historical notes; sources and interpretations.The ship and the aircraft.The exercise of navigation.The auxiliaries of the shipowner and the operator.Pilotage and towing contracts.Liability for damage to third parties on the surface and collision of ships and aircraft.Assistance and salvage.
The aim of the course is to provide learners with the fundamental notions on the birth, evolution and functioning of the administrative process and administrative appeals, where possible from a comparative point of view and in any case through a constant comparison with the sentences issued by the high national and international Courts.
The course aims to provide an understanding of the cultural heritage constituted by the foundations of Roman law in comparison with today's legal orders. In the first part, addressing some broad themes (Ius, iustitia, iura populi Romani, actio, republic and democracy, the problem of power). In the second part, the student can choose two options: a) deepening the expansion of the models of liberal constitutionalism and of the criminal law model of the liberal state in critical comparison with Roman public and criminal law (a specific workshop is also envisaged in this regard ); or b) deepening the founding concepts of the Roman tradition in Europe: persons, things, ownership, obligation, contract, damage, succession. First part: Roman law and today's legal orders Theme 1 Roman law and modern legal orders Theme 2 Ius and iustitia. Theme 3 Ius civile, interpretatio pontificum and mores Theme 4 Ius gentium and the Roman legal system Theme 5 Ius natural and natural freedom Theme 6 Democracies and republics Theme 7 Problem of 'power' Monographic part: Theme 1 Liberal private law and its ideological conditioning Theme 2 Pandect system and its construction on Roman sources. Theme 3 Archaic Roman law: customary model, priestly knowledge and political factor Theme 4 Persona-homo vs. subject of law Theme 5 Res vs. object of law Theme 6 Forms of belonging vs. private property Theme 7 Obligation of the moderns and obligation of the ancients Theme 8 Contract between agreement and reciprocity Theme 9 Inheritance and succession
Public revenues and administrative jurisprudence of the tax function with historical-structural aspects (chapter 1-2), constitutional-community principles and normative sources (chapter 3), role of administrative organizations and professionals (chapter 4), tax offices (chapter 5) and judges (chapter 6). Chapters 7-10 are dedicated to the legal specifications of the economic tax conditions indicated above. To a large extent, these are different perspectives for examining the same topics, appealing to the general legal sensibility of the law student.
Particular attention will be dedicated to general principles of criminal proceedings and constitutional and supranational provisions related to it, especially the ones connected to evidence and adjudication. In addition, the program addresses the following topics: judge and jurisdiction; parties; acts of the proceedings and invalidity; means of evidence; precautionary measures; preliminary investigations; criminal prosecution and dismissal; preliminary hearing; special proceedings (plea bargaining, summary trial, direct trial, immediate trial, proceedings by decree, probation); trial; appellate remedies (general rules, appeal, appeal in cassation; extraordinary appellate remedies); compensation for miscarriage of justice; judgment; enforcement of judgment and surveillance proceedings; supranational judicial cooperation; crimal proceedings against companies. The following topics are not included in the program: proceedings before the Justice of the Peace; proceedings before the Juvenile Court; proceedings before a single judge. In addition: - students who pass the Prison Law profit exam will be exempted from the study of the judiciary, enforcement and surveillance proceedings; - students who attend Comparative Criminal Procedure will be exempted from the study of supranational jurisdictional cooperation. - students who pass the Criminal Proceedings and Fundamental Righs exam will be exempted from the study of general principles of criminal proceedings and supranational provisions (Part I of the Manuale) - students who pass the Criminal Justicie of Economic Institutions exam will be exempted from the study of criminal proceedings against companies
First Module EU INSTITUTIONAL LAW Origins and development of the European integration process Institutional Framework Decision making procedures The European Union Legal order European Union Law and subjects of the national legal orders The European Court of Justice and its jurisdiction EU competences and Member States’ competences Second Module THE LAW OF THE SINGLE MARKET AND OF THE SPACE OF FREEDOM, SECURITY AND JUSTICE General notions The freedom of establishment and the freedom to provide services. EU policy on Immigration and Asylum N.B. For regularly attending students, the topics of the Second Module shall be better detailed during the lessons. SPECIAL SYLLABUS FOR THE ERASMUS AND CLEM STUDENTS Erasmus and CLEM students are required to prepare ONLY the syllabus of the First Module.
The first part will focus on the following topics: sources of law and constitutional organization: theoretical premises; Italian sources of law; legal antinomies resolution criteria; forms of State and forms of government; essential elements of the State; Parliament; Executive; President of the Republic; judicial power and the CSM. The second part will address the following issues: Italian constitutional justice system; constitutionally protected rights; Art. 2 of Constitution and the inviolability of rights, dignity in the Constitution, constitutional rights of prisoners, fundamentality of the right to health, soldiers' rights.
The capital markets and its legal discipline. The internal and European architecture of financial market supervision. INTERMEDIARIES. Investment firms: subjective profiles and monopoly rules. INTERMEDIARIES. Investment services and activities. INTERMEDIARIES. The classification of clients and the rules of conduct in the provision of investment services. INTERMEDIARIES. Product governance and product intervention. The off-site offer. INTERMEDIARIES. Enforcement of the rules of conduct. INTERMEDIARIES. The collective management of savings. Subjects and products of asset management. Rules of conduct and regulation of the marketing of UCIs. MARKETS. Trading venues. Regulated markets. Admission to listing and supervisory activity. MARKETS. Alternative trading venues. MARKETS. High Frequency Trading and short selling. MARKETS. Post-trading facilities. Clearing and settlement systems. Centralized management. MARKETS. The regulation of market abuse. Insider trading and market manipulation. The system of enforcement of market abuse. ISSUER. The offer of financial instruments to the public. The offer prospectus. ISSUER. The offer of financial instruments to the public. The discipline of the offer. Exemptions. Vigilance. ISSUER. The takeover bid. Voluntary takeover bids: rules of transparency and regulation of the procedure. The discipline of the mandatory takeover bid.
The criminal law of the economy and the guiding principles of criminal law; subjects: individual liability, legislative decree 231 of 2001, sanctions; corporate crimes: general characteristics and individual incriminating cases; financial crimes: general characteristics and single incriminating cases: criminal offenses in bankruptcy matters: general characteristics and single incriminating cases; tax crimes: general characteristics and individual incriminating cases; heritage protection and protection of collective economic-patrimonial interests.
The course focuses on the study of the main institutions of Islamic law (persons, marriage, property, contracts and obligations, inheritance, criminal law) with an eye constantly turned to the dialectic between modernization and tradition that characterizes contemporary systems. The following topics will be addressed: Sharia and fiqh; The legal schools and the birth of the Islamic model; The dialectic between sharia and qanun; Colonization and legal acculturation; Process of codification in the modern States; Application of Islamic law in contemporary Islamic countries; New legal trends in Islamic countries.
INTRODUCTION TO FAMILY LAW. SOURCES AND FUNDAMENTAL NOTIONS. THE CONCEPT OF FAMILY IN THE LEGAL SYSTEM.THE ITALIAN MARRIAGE SYSTEM. THE NEW FAMILY REALITIES. CIVIL PARTNERSHIP AND DE FACTO FAMILY. INVALIDITY OF MARRIAGE. SEPARATION AND DIVORCE. RELATIONSHIP. PATRIMONIAL REGIME OF THE FAMILY. FILIATION AND ADOPTION. SUCCESSION IN FAMILY LAW Specific contents Theme 1 Introduction to family law. Family and legal system. Family Relations. The Italian marriage system and the new family realities. Civil partenership and de facto family. Theme 2 Marriage as an act of private autonomy. Invalidity of the marriage. Theme 3 Family relations Theme 4 Patrimonial regime of family Theme 5 Separation and divorce Theme 6 Filiation and adoption. Theme 7 Succession in family law
The course is divided into two parts. The first one examines the main features and tendencies of public regulation of markets, taking into account the impact of globalization and of EU law. In this part, the following topics will be covered: i. the founding principles of the EU economic integration process, their main instruments (freedoms of circulation, state aid rules etc.) and their most recent evolution (such as the NGEU and the European Green Deal); ii. the evolution of the intervention of the State in economics in Italy (such as the role of Cassa depositi e prestiti). The second part will deal with specific areas of public regulation (relationship between competition law and regulation; public services such as energy and transport, TLC, local public services; financial markets).
The legal IT course aims to address the theoretical and legal issues related to the advent of the digital revolution (the probative value of the IT document; electronic signatures; PEC; privacy; etc.). Specific in-depth study will be reserved for the study of some major cyber crimes as well as for the analysis of the effects that ITCs have on our lives (techno-regulation; sociability; communication; knowledge and / or information; education; etc.).
Trade union freedom. The trade union organisation. Legislation supporting the trade union. The participation of the trade union in public functions. The collective agreement: function and nature. The subjects of collective bargaining. Form and content of the collective agreement. The effectiveness of the collective agreement. Structure and levels of bargaining. Law and collective autonomy. Collective bargaining in the public sector. The right to strike: constitutional recognition. Notion of strike. Ownership and exercise of the right to strike. Strike in essential public services. Lockout. Repression of anti-union conduct.
Federalism and regionalism. Regionalism in the Italian constitutional story. Ordinary statutes and electoral legislation. Legislative and regulatory autonomy. Administrative autonomy. Financial autonomy. The special autonomies. The organization of the Regions. Interference powers and cooperative connections. The Regions the European Union.
The course aims to offer students an introductory framework on the history of Chinese law and its encounter with the civil tradition based on Roman law, up to the creation of the new Chinese Civil Code (2021) which came into force on January 1, 2021. 1) History of Chinese law: a) Traditional chinese law; b) first modernization: Chinese law in the nineteenth and twentieth centuries before the Maoist revolution; c) Maoist period and juridical nihilism; d) second modernization: 1978-2018 China's way to law; e) 2021: the new Civil Code of the People's Republic of China 2) Introduction to the Constitution of the People's Republic of China 3) Chinese legislation on private law and the new Chinese Civil Code 4) Importance of current Chinese law in the context of contemporary legal systems.
Introduction to the Ancient Near East Law; the ancient Laws (The Ur-Namma Code; the Lipit-Ishtar Code; the Eshnunna Laws; the Hammurapi Code; the Edict of debt forgiveness; the Hittite Laws; the Middle Assyrian Laws; the Laws of the Old Testament). The texs will be presented in italian translation and provided online, read and commented considering the historical and juridical context.
The program is articulated in 15 Teaching Units (with 5 extra Units for Law students). Each Unit is around 2 academic hours lesson. 1) Cultural Heritage and Intellectual Property: convergence, divergence, interface. 2) Cultural Heritage and Intellectual Property: the "Masaai" case, the "Coca Cola" case, the "Zimbabwe name and symbol" case. 3) Discussion and presentations in class of the cases: a) Lego Bricks, b) Mona Lisa, c) Barbie Doll. 4) Intellectual Property Law and the Safeguarding of Traditional Culture: the case of Djalambu “hollow log ceremony” in Australia. 5) Copyright: definition and sample cases . 6) Discussion of the cases: a) Internet, b) Mike Tyson Tatoo, c) Kodak Camera. 7) Copyright: duration, economic and moral rights, resale right. 8) Copyright: ownership , licence. Internet and digitazion. 9) Discussion of the cases: a) Football, b) Ferragamo, c) Bitcoin, d) Uncle Tom Cabin. 10) Trademark: definition, discipline, sample cases. 11) Guest speaker 12) Geographical indications. 13) Champagne and Murano Glass 14) Patent 15) Movie on IP and discussion in class 16) Written exercises in class. 17) Discussion of the cases: a)Tempesta Map of Rome, b) Light Bulb; c) Steamboat Willy, d) Post-it 18) Botticelli’s Venus and Michelangelo’ s David. 19) Risk management strategies and dispute resolution. 20) Students Cases Presentations. Please note that: -Units from 16 to 20 are optional for Tourism Strategy’ students and mandatory for Law’ students. -The number of the cases to be discussed in class may vary depending on the number of students attending classes.
- Outlines of public international law: subjects, sources, IOs (in particular the EU), dispute settlement - Origins of international investment law (colonialism); Decolonisation and direct expropriations; North-South debate and calls for a New International Economic Order (1970s); Attitudes of developing countries towards investments by multinational corporations; Reasons for the conclusion of thousands of international treaties on the subject - Arbitration; ICSID Arbitration; Direct Arbitration; - Direct expropriations; Indictments and protection of non-economic interests - Next Generation Investment Treaties and Sustainability - European sustainable investment policy and the role of the European Union in the conclusion of new generation agreements, the new BITs - The Achmea issue and subsequent CJEU jurisprudence - Investment and the right to water - Investments and the energy issue - Indigenous minorities their cultural heritage and the exploitation of natural resources
The corporate phenomenon. The contractual basis; the social types. The organization of partnerships and its events. The organizational models of limited liability companies. It follows: the financial profiles. It follows: the organizational profiles. Qualifying holdings and groups of companies. Companies with listed shares and corporate governance issues. The events of the organization of limited liability companies.
THE CONTENTS OF THE COURSE WILL FOCUS ON THE COORDINATES OF THE FUNDAMENTAL RIGHTS OF PRISONERS (INCLUDING MINORS) AND THE OUTLINES OF PRISON REGULATIONS. IN PARTICULAR, THE CONDITIONS OF INMATES WILL BE EXAMINED, INCLUDING THOSE SUBJECT TO THE STRICTER REGIME OF 41 BIS O.P., MINORS, YOUNG ADULTS AND MOTHERS. IN ADDITION TO STUDYING THE SUGGESTED TEXTBOOK, STUDENTS WILL BE PROVIDED WITH TEACHING MATERIALS DURING THE LESSONS ON THE MOST CRITICAL ISSUES (CASE LAW AND DOCTRINE).
The first part of the course will be focused on the rational under a European contract and obligations law, on the relationship between the common contract and obligations law and the internal market and on the sources of European contract and obligations law. The second part will be focused on the formation of contract and on the remedies in the International Sale of Goods (United Nations Convention on contracts for the international sale of goods – CISG), on some particular aspects of the Unidroit Principles, of the Principles of European Contract Law and of the Draft Common Frame of Reference (particular attention will be devoted to long-term contracts and on remedies for the preservation of them, taking into account the Covid-19 pandemic and all consequential measures) and of the consumer acquis.
- Embezzlement (Article 314 of the Criminal Code); - Embezzlement through profit of the error of others (Article 316 of the Italian Criminal Code); - Embezzlement to the detriment of the State (Article 316 bis of the Criminal Code); - Undue receipt of funds to the detriment of the State (Article 316 ter of the Criminal Code); - Extortion (Article 317 of the criminal code); - Corruption for an official act (Article 318 of the Italian Criminal Code); - Corruption for an act contrary to official duties (Article 319 of the Criminal Code); - Aggravating circumstances (Article 319 bis of the Criminal Code); - Corruption in judicial acts (art.319 ter of the Criminal Code); - Undue inducement to give or promise benefits (Article 319 quater of the Criminal Code); - Bribery of a person in charge of a public service (Article 320 of the Italian Criminal Code); - Penalties for the briber (Article 321 of the criminal code);
The origin of constitutional justice. Different models. The choices of Italian Constitution. The Constitutional Court and its sources. The different competences of italian constitutional court. Constitutional Court and form of government. The relationship with other European Courts.
Introduction to the contractual activity of the public administration National and European regulatory framework Origins and purposes of public evidence Economic operators and participation requirements Contractor selection procedure The execution of the contract Dispute resolution
1. Fundamentals of capital markets in Europe 2. Basic notions of market law 3. Market integrity 4. Market disclosure 5. Negotiation activities 6. Financial intermediaries 7. Investment services 8. Organizational requirements for investment firms 9. Regulation of benchmarks 10. Takeover law 11. Conclusions 12. New trends of international regulation (ESG and cryptoassets)
The course will be aimed at acquiring the notions of "proceeding" in general and "criminal proceeding" more in detail and will focus on the impact that the purposes of the latter can have on fundamental freedoms: first of all personal freedom (art. 13 Constitution) , domicile(art. 14 Constitution) and correspondance (art. 15 Constitution). Such inviolable rights do not fulfill the whole subject, since other freedoms can be gathered from the open "catalogue" of art. 2 Constitution. Other significant principles can be gathered from the European Convention on Human Rights and from its interpretation given by the supranational jurisprudence. Among them, the so-called right to privacy plays a central role but its constitutional and ordinary level is still being discussed with consequences on the criminal proceeding field. Finally, the presumption of innocence(art. 27 para 2 Constitution) plays a leading role in identifying the reasons ( non clarified by art. 13 Constitution) authorizing any limitation of personal freedom while pending a proceeding. The inviolable right to defence (art. 24 para 2 Consitution) goes together with such a presumption and is an essential tool avoid any aggression to fundamental freedoms that criminal proceedings can involve.
General principles and scope of application of the labour proceedings. - Conciliation and arbitration. - The discipline of the labour process in the first instance. - The defenses of the parties, the hearing, the instruction, the powers of the judge, the decision-making phase. - The enforceability of the decision and the res judicata. The appeals. - Special proceedings - protection against dismissals.
AGRICULTURAL LAW PROGRAM THE SOURCES - European legislation. - The system of internal sources. - International treaties - The uses THE AGRICULTURAL ENTERPRISE - The agricultural entrepreneur: the discipline of art. 2135 of the Italian Civil Code - The other figures of agricultural entrepreneurs - The role of the agricultural entrepreneur in the CAP - Agricultural enterprise and environmental protection: the Green Deal - Agricultural enterprise, energy and environment THE FACTORS OF AGRICULTURAL PRODUCTION - Fund and farm. The circulation of the company and its components - The distinctive signs of the farm - Property and agricultural enterprise. Contracts for the use of rustic land THE AGRI-FOOD MARKETS - The regulation of agri-food markets. Interprofessional agreements - Contracts for the sale of agricultural products. Unfair commercial practices and the role of the AGCM - Structure, functioning, competition, CAP and sustainable development - Producer organizations and interbranch organizations - The new frontiers of agri-food law: Big Data and Blockchain in the agri-food chain FOOD SAFETY AND INFORMATION - The production regimes. Novel food, GMOs, organic production - Information, labeling and traceability - The precautionary principle - The hygiene package - The responsibility of the agricultural producer
Part I (Introduction) 1. The commercium and commercial institutes Part II (The organization of the company and the responsibility of the entrepreneur) 2. The Roman business organization in the publishing system 3. The unlimited liability company and the limited liability company in the elaboration of jurists 4. The sole proprietorship 5. The collective enterprise and the relationship with the company 6. The contractual activities related to the operation of the company 7. The responsibility of the entrepreneur 8. Diachronic comparison
The course is based on the following program: Introduction on the usefulness of history and Roman legal history. Introductory concepts: sources and periodizations. Pomponius's liber singularis enchiridii. Age of the monarchy: Latin and Etruscan. The precivic structures. The powers of the king. The story told in the sources. The beginnings of criminal repression. Republican age: the transition. Republican constitution. Plebs's origin. The patrician / plebeian conflict. The provocatio ad populm. The decemviral code. The first archaic process. The first jurisprudence. Leges Valeriae / Oratiae. Iurisdictio. The process per formulas. The sources. The structure of lex publica. The jurisprudence. The techniques of jurists. The crisis of the republic. The senatusconsultum ultimum. The Gracchi. The dictatorships. The Principality: the passage, the theories. The power of Augustus. The problem of succession. The imperial constitutions. Jurisprudence. The Late Antiquity: terminology, classification of sources. The lex generalis and rescripta. The change in power: Diocletian and Constantine. Citation's laws. Corpus of 426 A.D. Religion. Society: agri deserts. Practice of the courts. I corpora. The canonization of the texts. Textual problems. The Theodosian Code in the two projects. Justinian: the Justinian compilation - programmatic constitutions.
I. Banking and banking business II. The sources of banking contract law III. Supervision of banking intermediaries IV. The banking crises V. Banking transparency VI. The correspondent current account VII. The bank deposit VIII. The opening of bank credit IX. The bank advance X. The bank discount XI. Banking services XII. Payment services XIII. The online bank
The course is related to "public economy", a link between public offices and companies . Without mathematic examples are explained the role of politics in the economy , and the changes from agricoltural to industrial social organization. Public expenditure, taxes , debts , money , banks, inflation, european agreements, gross national products , all the lessons can be heard in files audios which can be detached in the specifc microsoft teams
The Bio-Law course will examine the most current and controversial issues concerning the concepts of life, body, nature and law, in the light of the growing technological implementation, doctrinal and jurisprudential orientations and the most recent legislation on the subject. In addition to a special part – aimed at deepening the new models of existence linked to the spread of cyber philosophy and Post-Human culture (in which technology, imagination and desire merge, giving life to an "I" recoded in a de-naturalized and non-essentialist way) – the course will reserve a specific module for environmental issues and sustainable development.
MAIN SCHOOLS AND CRIMINOLOGICAL THEORIES, VICTIMOLOGY, CRIMINOLOGICAL ANALYSIS OF THE STRUCTURE OF THE OFFENSE. GENDER VIOLENCE: VIOLENCE AGAINST WOMEN, BULLYING, CYBERBULLYING, HOMOPHOBIA, STALKING, AND EFFECTS OF TERRORISM ON POPULATIONS (DESPLAZADOS), CRIMINAL ECONOMICS AND GLOBALIZATION.
The discipline of competition in the civil code and in the antitrust law - The notion of firm in the competition law - Restrictive agreements - The abuse of dominant position - The concentrations between firms - The discipline of unfair commercial practices - The discipline of misleading advertising - The remedies against the violation of competition rules - Public and private enforcement.
The business crisis - Crisis management techniques - Authoritative and negotiated solutions - Bankruptcy (or judicial liquidation) - Arrangements with creditors and restructuring agreements - Administrative disciplines for crises: extraordinary administration and compulsory liquidation. - Principles of the new corporate crisis code
After an introduction aimed at illustrating the history of the sources of production of Roman law in the various periods, the various operational techniques of Roman jurisprudence will be examined, starting from the archaic period to the classical period that can be obtained from the analysis of the sources of knowledge and above all of the Corpus iuris civilis, of the classical juridical works or containing classical materials that have come down to us outside the Justinian Compilation and of literary works relevant to the scholar of Roman law. In the framework of this exposition, the chronological criterion and that of the deepening of jurisprudential operational techniques will intersect, which will also focus, from time to time, on the analysis of individual legal institutions, object of the analysis of jurists.
Building on the notions learnt in the first year of the History of Italian Law, the second year aims both to delve into the history of the law closest to us, from the Statuto albertino to Fascism and the Constituent Assembly, and to focus its attention in a monographic area such as the history of representation, reread through the lens of the legal institutions of the imperative mandate and the revocation of elected representatives, from the early modern age to the current crisis of representative institutions.
The law of the European Single Market: selected issues Free movement of people Right of establishment and free provision of services Competion rules applicable to undertakings State Aids More details on which materials to study will be given during the lessons for attending students.
The course will be focused on European Private Law sources, the role played by soft law instruments, fundamental rights according to the European Convention on Human Rights and to the jurisprudence of the ECHR, general principles of private law in the light of the supranational jurisprudence. Some legal cases otaken from the jurisprudence of the European Union and of the ECHR will be discussed in classroom. Some European directives and European regulations will be analysed.
The course is structured in two parts: - a general part devoted to the systematic classification of civil liability in its articulations, contractual and extra-contractual, highlighting its fundamental and distinctive features; - a special part dedicated to responsibility in the health sector, as a privileged perspective for addressing the new trends in civil liability in the light of the recent legislative disarticulation between the contractual liability of the healthcare facility and the non-contractual liability of the doctor. Particular attention will be paid to the developments of Artificial Intelligence (AI) in the medical field and to the remedies available for the damage caused by its possible applications. The term "Robo-surgeon" refers to the use of robotic tools to help the surgeon or to manage the intervention of a doctor who is not physically present, allowing him to use the surgical instruments remotely. The interaction between "big health data" and programs, equipped with AI and capable of rapid analysis for the purposes of research, prevention, diagnosis and treatment management has reached a significant development. AI is also becoming useful for predicting possible events before they occur. By processing the right parameters, AI is able to indicate the probabilities that a disease may arise in percentage terms. All this is made possible by the creation of special software products and predictive algorithms. In the specific field of genetics, the remarkable scientific and technological progress (from the discovery of the DNA structure to the mapping of the human genome) has opened perspectives and, at the same time, posed new questions to the jurist. The so-called "predictive medicine", aimed at studying the predisposition to pathologies, inextricably involves the right to health, the right to privacy, the principle of self-determination, the protection of human dignity. These new technologies bring with them the need of legal discipline and protection, not only in terms of patentability of innovative technical inventions, but also in terms of liability in the event of damage due to errors or malfunctions. AI applications self-learning and interacting with other systems entail the risk of the unpredictability and lack of transparency of any decisions that may damage the patient, who will have to face unprecedented difficulties in supporting their claims in trial. The course aims to analyze the solutions adopted (and adoptable) by the legislation, in terms of liability for damages, to cope with the increasingly widespread use of AI and "Intelligent Robotics" in the healthcare field, encompassing pharmaceutical sector and medical devices, up to research and development (R&D) and patient care.
Private international law International jurisdiction The rules of private international law Applicable law The recognition and enforcement of foreign judicial decisions The contractual obligations Non-contractual obligations
INTRODUCTION TO CONSUMER LAW. SOURCES AND FUNDAMENTAL NOTIONS. CONSUMER CONTRACTS BETWEEN SPECIAL REGULATIONS AND CIVILISTIC CATEGORIES OF THE CONTRACT. THE VESSATORY CLAUSES. PRE-CONTRACTUAL INFORMATION. THE RIGHT OF WITHDRAWAL. THE WARRANTY IN SALES CONTRACTS. UNFAIR BUSINESS PRACTICES. THE SAFETY OF PRODUCTS. LIABILITY FOR DAMAGE FROM DEFECTIVE PRODUCTS. THE CIVIL LIABILITY OF THE AGRICULTURAL PRODUCER. INDIVIDUAL PROTECTION AND COLLECTIVE PROTECTION. Specific contents Theme 1 Introduction to consumer law. Fundamentals notions.Consumer Contracts. Theme 2 Transparency and information. Form of the contract. Theme 3 Formation of the contract and withdrawal of the consumer. The unfair clauses. Theme 4 Unfair commercial practices. Individual and collective protections Theme 5 Guarantees in the sale of consumer goods. Theme 6 The protection of the traveler. Producer liability in the context of non-contractual liability. Theme 7 The civil liability of the agricultural producer between the consumer code and the civil code
In the first part of the course will focus on the evolution of the right to privacy and the data protection law. The topics that will be studied are: the multilevel sources, specially the GDPR (reg. UE 2016/679) and the Data protection Italian Code (d.lvo 196/2003), their scope of application; the definitions of processing, controller, processor, data subject; the principles relating to processing of personal data; the basis of the processing; the conditions for consent; the rights of the data subject and the transparent information. The topics that will be studied in the second part of the courses are: the obligations of the controller and processor; the responsability of the controller and the security of processing; the records of processing activities; the data protection officer, the codes of conduct etc.; the data protection impact assessment and the risk based approach; the supervisory authorities and the right to compensation and liability. The last part of the course will analyze the issues related to the processing of big data and personal data in some contexts (social networks, the purchase of digital contents or services, the Internet of things, the "Digital zero- price markets ") and activities (health, journalism, archiving, statistics and administration).
a) The first part of the course introduces the method of legal comparison through the comparison of the characteristics of the Systems starting from the most recent taxonomic forms. b) The second part of the course examines the civil law system and the various continental codifications starting from the characteristics and the historical evolution of the various legal traditions and the circulation of models. c) The third part of the course deals with the study of various institutes of private law, chosen and presented in class by students individually or in groups (with powerpoint or a written report).
The course examines the development of Western constitutionalism from the age of the bourgeois revolutions to the most recent trends of constitutionalism in the age of legal globalization. The course starts from the identification of the characteristics of modern constitutionalism and the constitutional structures of liberal constitutionalism in North America and Europe; then analyzes the developments of twentieth-century constitutionalism, paying attention to the impact of democratization processes on nineteenth-century constitutional structures. Particular attention will be devoted to post-war constitutionalism in Europe, also with reference to the parallel development of human rights and supranational cooperation processes. Finally, the processes of expansion of constitutionalism beyond the borders of Western space will be analysed, focusing on the most significant contemporary national experiences in the panorama of contemporary democracies and on the most relevant problems for the culture of constitutionalism, such as the crisis of representative democracy, the dialogue between the Courts, the erosion of national sovereignty, the universalism of human rights. Specific content Theme 1 The historical development of modern constitutionalism: ideal roots and contextualization of the genesis of constitutionalism in the environment of modern Europe. Theme 2 Constitutionalism in the Season of Modern Revolutions. A) The English Revolution: Parliament and Common Law Courts, the contribution of Republicanism, the Glorious Revolution. B) The American Revolution: the roots of American constitutionalism, the colonial experience, Independence and the revolutionary decade; the Philadelphia Convention. The structure of the Federal Constitution of 1787; the presidential government, federalism; the federal Bill of Rights and the origins of the judicial review of legislation. C) The French Revolution: the contribution of the legal Enlightenment; Nation, law, representation; the Declaration of 1789; the revolutionary constitutions. Theme 3 The opposing paths of nineteenth-century western constitutionalism. Liberal constitutionalism in Europe: rule of law and rule of law in the European constitutional arrangements; the parliamentary government. Constitutionalism in the United States of America up to the Civil War and Reconstruction. Theme 4 Western constitutionalism facing the challenges of the democratization process: the Constitutions of the first post-war period in Europe: the Weimar Constitution and the development of second generation rights; the rationalization of parliamentary government; the centralized review of constitutional legitimacy; the advent of dictatorships. Theme 5 Post-war constitutionalism in Anglo-Saxon countries: the evolution of American constitutionalism: the modern presidency and the jurisprudence on fundamental rights through the application of the 14th amendment. Constitutional developments in the Commonwealth area (Canada and New Zealand). The transformations of British constitutionalism: premiership, Human Rights Act, Constitutional Reform Act. Theme 6 Post-war constitutionalism in European countries: the general characteristics of European constitutionalism and the trend towards an open constitutional state. The Constitutions of Italy, France and Germany. Theme 7 The open constitutional state: the development of supranational cooperation and human rights. Human rights in international law: aspirations and limits of human rights universalism. The development of international cooperation on a regional scale. Recent problems in the international protection of human rights: International Criminal Justice. Theme 8 The open constitutional state: the European constitutional area. The European Convention for the Protection of Human Rights and the process of European integration. Theme 9 The development of constitutionalism beyond the borders of Western space. Constitutionalism in Latin America, Asia, Africa. The European Constitutions after the fall of dictatorships and communism. Problems and perspectives of global constitutionalism.
Judicial protection in the Constitution, in the European Convention of Human Rights and in the civile procedure code. The general principles of the civil process. The process of cognition. The appeals. Special summary and non-summary, precautionary and non-precautionary proceedings. The execution process. The arbitration. Class actions.
MAIN SCHOOLS AND CRIMINOLOGICAL THEORIES, VICTIMOLOGY, CRIMINOLOGICAL ANALYSIS OF THE STRUCTURE OF THE OFFENSE. GENDER VIOLENCE: VIOLENCE AGAINST WOMEN, BULLYING, CYBERBULLYING, HOMOPHOBIA, STALKING, AND EFFECTS OF TERRORISM ON POPULATIONS (DESPLAZADOS), CRIMINAL ECONOMICS AND GLOBALIZATION.
Public revenue with special attention to taxes , calculation of their assumptions , income and consumptions, administrative perspective of tax law viewed from those points of view in the chapters 1) historical and structural, 2) Sources of tax law and their purposes 3) Self assessment of taxes 4) Public opinion and tax law 5) Tax offices 6) Tax litigation 7 ) business tax law between consumptions and income 8) Other taxable income 9) personal allowances and rates in income taxation 10) Estate taxes and document taxation.
General Part: Comparison of legal systems; the method of legal comparison; systemology and taxonomic forms: problems and perspectives; circulation of legal models; convergences and divergences between legal systems; codes, laws, role of judges and doctrine; law and language; law and religion; law and geopolitics. Special Part: Macrocomparison of legal systems; comparative analysis of the main institutions of personal and family law and protection of individual rights, with special attention to the right of privacy. Civil and criminal law aspects; focus on the legal systems of the Islamic world; personal status; Muslim families and mixed marriages; crimes and punishments in Islam; culturally oriented crimes and European jurisprudence; acculturation to European models and resilience of indigenous traditions; integration of Islamic communities; radicalization and deradicalization and issues related to Islamic terrorism.
Constitutional rights "in the making": inviolable rights and fundamental duties of solidarity in the Art. 2 of Italian Constitution; human dignity; imprisonment and constitutional rights; freedom of expression online; historical negationism; freedom of the arts; right to education and compulsory education; LGBTQ+ rights; rights and military order; freedom of association in political parties, freedom to vote, democratic participation. The right to health in the Italian Constitution: freedom to control one's health and right to a health protection system. Mandatory medical treatments and constitutional guarantees. Difference between "inviolability" and "fundamentality". Implementation of the (social) right to health.
