General Info

courseProgram

The book used for the grammar part is:

Raimond Murphy with Lelio Pallini "Essential Grammar in Use (Italian edition). Fourth edition with answers" Cambridge.

The entire grammar book is part of the exam. Below are the most important parts:

- Present
- Past simple
- Past continuous
- Present perfect
- Present continuous with future meaning
- Future with "will"
- To be going to
- Past perfect
- Comparatives and superlatives
- Modal verbs must, should, and might
- Possessive pronouns
- Passive voice
- Prepositions of time and place
- The form "used to"
- Conditional type 0, 1, and 2

examMode

Please, refer to the professor in charge of the 10 ECTS credits.

books

Raimond Murphy and Lelio Pallini “Essential grammar in use (edizione italiana). Quarta edizione con soluzioni” Cambridge.

mode

Please, refer to the professor in charge of the 10 ECTS credits.

classRoomMode

in presence

bibliography

1. Raymond Murphy, English Grammar in Use: A Self-Study Reference and Practice Book for Intermediate Learners of English, Cambridge University Press, 2019. (Inglese, con soluzioni – edizione internazionale)

2. Michael Swan, Practical English Usage, Oxford University Press, 2016. (Un classico di riferimento per la grammatica inglese e l'uso, adatto anche a italofoni)

3. John Eastwood, Oxford Practice Grammar: Intermediate, Oxford University Press, 2006. (Con esercizi pratici e spiegazioni per studenti di livello intermedio)

4. Martina Tuts, Grammatica inglese per italiani, Hoepli, Milano, 2018. (Un testo specificamente pensato per italofoni, con spiegazioni chiare in italiano)

5. Liz and John Soars, Headway English Grammar, Oxford University Press, 2015. (Con focus su grammatica e pratica, utile per studenti di livello intermedio e avanzato)

courseProgram

The course provides students with basic knowledge of the EU legal system. It is divided into three parts. The first part includes: an introduction to the historical setting of the European Integration, the description of the institutional structure of the EU, its legal sources and the main features of its decision-making process. It starts with an introduction, which focuses on the integration process through the modification of the treaties and the enlargement. It highlights the peculiarities of the European Union as a legal order and a “community of law”, with respect to the phenomenon of international organization. Then, the European institutional framework is examined, taking into account the relation between the Institutions and the principles guiding their interaction. The toolkit adopted by the Union to overcome the democratic deficit is illustrated, including the decision-making procedures for the adoption of EU acts. Then, the course focuses on the principles which regulate the attribution and the exercise of EU competences and the forms of differentiated application. The hierarchy, the features and functioning of EU sources is then introduced and explained in its relations with domestic law. The second part is devoted to the enforcement of EU law vis-à-vis the Union, the Member States, and individuals. The notions of primacy, autonomy and direct effect of EU law are widely investigated, alongside the modalities for the implementation of EU law in national legal orders, in particular in Italy. It also gives an account of the functioning of the judicial system of the EU, focusing on the functions of the European Court of Justice in its dialogue with national judges. The third part is devoted to substantive matters, relating to the protection of fundamental rights and the role of the EU Charter, the European citizenship and freedom of circulation within the EU.

TOPICS COVERED: Introduction to European Union Law. - The origins and development of the European integration process. - Succession of treaties and the characteristics of the European Union. - The enlargement of the European Union: the milestones. - The Treaty of Lisbon. - The future of Europe. - Accession and withdrawal of states. - Brexit. - Institutional framework: the European Parliament, the European Council, the Council, the European Commission, the Committees, the agencies. - The system of competences. - The exercise of competences. - Differentiated application and enhanced cooperation. - The system of sources: general features. - Primary law (Treaties and annexed protocols, EU Charter of Fundamental Rights). - Art. 6 TEU and EU Charter of Fundamental Rights. - EU accession to the ECHR. - The general principles, international agreements and general international law). - Secondary law: the acts of the institutions (in particular, regulations, directives and decisions, non-binding acts and atypical acts). - Decision-making procedures: ordinary legislative procedure, special legislative procedures; non-legislative procedures (delegated and implementing acts). - The system of legal remedies before the Court of Justice. The preliminary procedure. - Direct actions. Action for annulment; action for failure to act. - Infringement proceedings. Action for non-contractual liability of the EU. - Relations between legal systems: transposition of EU legislation into domestic law. - The implementation of EU obligations in Italy. - Contrast between national law and EU law (the primacy of EU law over the law of member states, the legal duty of conforming interpretation, the direct vertical/horizontal effects of EU sources and the action for non-contractual liability of the state). - Free movement of persons and EU citizenship. - The external action of the European Union.

examMode

ATTENDING STUDENTS
The exam is a written exam consisting of three open questions for each student. No text or notes will be allowed. The result of the exam will be communicated and recorded after the correction of the written work. The mastery of the topics covered in the course, the ability to reason and argue, the ability to study case law in depth, the level of knowledge acquired and the ability to express this knowledge clearly in writing within the time allowed will be assessed. Active participation in the course will also be assessed, including through self-assessment tests during the course. The grade will be expressed in thirtieths and will therefore be based on the level of knowledge of the basic topics.

NON-ATTENDING STUDENTS
The final examination will be oral and will cover all the topics in the syllabus. In addition to the textbooks, it will also be necessary to study the supplementary materials (legislation, jurisprudence, doctrine) available on the Moodle platform. The examination consists of three/four questions aimed at ascertaining both the understanding of the theoretical arguments and the ability to resolve questions of an applicative nature relating to the topics covered in the course. The grade will be expressed in thirtieths and will therefore result from the level of knowledge of basic topics.

books

1) For the final exam, the students shall choose and study one out of the following textbooks:
- R. Adam, A. Tizzano, Lineamenti di diritto dell'Unione europea, Giappichelli, Torino, ultima edizione
- L. Daniele, Diritto dell'Unione europea. Sistema istituzionale. Ordinamento. Tutela giurisdizionale. Competenze, Giuffré, Milano, ultima edizione
- R. Baratta, Il sistema istituzionale dell'Unione europea, CEDAM-Wolters Kluwer, ultima edizione

Erasmus students and/or international students can also use an handbook written in English: J. Ziller, Advanced Introduction to European Union Law, Elgar Advanced Introductions series, Cheltenham-Northampton, last ed.

2) The materials uploaded by the lecturer on the Moodle page of the course are essential in order to be able to profitably sit the exam.

3) European Union law texts are all accessible online. Please note that it is possible to purchase up-to-date and annotated collections of them (such as B. Nascimbene, Unione europea. Trattati, Giappichelli, Torino, ultima edizione).

mode

54 hours, classroom-taught

classRoomMode

Assiduous attendance of the course is recommended. It is emphasised that attendance affects how knowledge is assessed.

bibliography

• For the up-to-date reference bibliography, please consult the website of the Italian Association of European Union Law Scholars, in the volume section (https://www.aisdue.eu/category/volumi-di-diritto-dellunione-europea/).

courseProgram

Learning objectives
D1 - Knowledge and understanding
The course aims to provide students with knowledge and understanding of the following profiles:
1. the transformations that have affected public administrations in the European and international framework;
2. the principles that regulate administrative action;
3. the relationships between administrative and government levels within the State;
4. the transformations of the forms of administrative activity;
5. the ways in which the legal system finds a balance between the care of public interests and the protection of private interests;
6. the influence of constitutional principles on the organisation and functioning of public administration.
7. the relationship between the Italian legal system and that of the European Union and, consequently, between the forms of administrative execution of the respective legal sources.

D2 - Ability to apply knowledge and understanding
At the end of the course, the student should be able to:
1. find a legislative or regulatory text, or an administrative act, analyse and interpret it through a correct identification of its ratio;
2. find and analyse, also from a critical point of view, a jurisprudential decision of the administrative judges and other Italian jurisdictional bodies, as well as of the Court of Justice of the EU and the European Court of Human Rights.

D3 - Independent judgement
At the end of the course, students should be able to analyse and reconstruct different and possibly alternative interpretative options regarding a regulatory text or a judicial decision.

D4 - Communication skills
At the end of the course, students should be able to explain the concepts referred to in point D1

D5 - Learning ability
At the end of the course, students should be able to independently find and analyse legislation and case law guidelines on administrative law.

examMode

The results are verified by an oral exam, with the possibility, for attending students, to opt for a written test at the end of the course. Knowledge of the main institutes is verified through general questions. In answering, students must be able to demonstrate an adequate knowledge of the basic principles and institutes, understand the aims of the relative discipline and be able to use the acquired notions autonomously, highlighting their own argumentation and reasoning abilities.

books

To prepare for the exam, students (attending and non-attending) are advised to study the following text:
- M. Clarich, Manuale di diritto amministrativo, Bologna, 6 ed., il Mulino, 2024

classRoomMode

Recommended but not mandatory

courseProgram

The course covers the so-called "general part" of criminal law through three perspectives: the problem of legitimization, with particular reference to constitutional and supranational principles of criminal law; the relationship between the function of criminal norms and their structure (and discipline); and the inextricable relationship between the general part and the special part (i.e., individual crimes), resulting in continuous incursions into this second part during the course. More specifically, the course will cover the following topics: the functions of punishment; criminal law: sources and limits of applicability of criminal law, criminal law, and supranational sources; the constitutional aspect of criminal offense; the crime: the formal and substantive concept of crime, the structure of the crime - Analysis and systematics of the crime: typical act, unlawfulness, culpability; the forms of manifestation of the crime: attempt and complicity; the formal concurrence of crimes and the apparent concurrence of norms; the sanctioning system: the commensuration of the penalty, sanctions. During the course, while following a systematic approach, particular attention will be paid to the examination of case law.

for the Erasmus students: the course aims To understand the basics concepts and the international legal order in the field of criminal law, we need to ask What is criminal law? We find to answer these question through a series of twelve dichotomies -
Of Criminal Law-Basic Concepts: Substance and Procedure, Punishment vs. Tort Liability, Subject vs. Object, Causation vs. Background Events, Victims and Offenders, Offenses and Defenses, Intention vs. Negligence, Harming vs. Trying: Offenses and Attempts., Accidents vs. Mistakes. Perpetration and Complicity: Unity and Divergence, Law vs. Justice.

examMode

The evaluation will first of all be carried out in progress, during the interventions that will be made during the lessons. At the end of the course, and depending on how much and how you have spoken in class, an oral test is then scheduled according to a "funnel" method, in principle, according to which broader questions are started and then, progressively focus on more specific issues.

books

- For attending students:

C.E. Paliero (ed.), F. Consulich, G. Mannozzi, C. Piergallini, C. Perini, M. Scoletta, C. Sotis, Il Sistema Penale (2024), Turin. Any additions and replacements of parts of the adopted manual with other materials will be communicated during the lessons and published on Moodle; the relevant texts, when possible, will also be published on Moodle.

- For non-attending students, a manual of choice between:

C.E. Paliero (ed.), F. Consulich, G. Mannozzi, C. Piergallini, C. Perini, M. Scoletta, C. Sotis, Il Sistema Penale, Turin, 2024, approximately 600 pages, in progress.
G. Marinucci, E. Dolcini, G. Gatta, Manuale di Diritto Penale, latest edition (2023), Milan, Giuffrè, pp. 1-671 and 957-991 (up to the introductory part of the circumstances and the two final chapters on restorative justice and corporate administrative liability).
For those who intend to prepare for the exam using another manual, please send me an email well in advance.

- for the Erasmus students is possible in alternative: George P. Fletcher, The Grammar of Criminal Law; Volume Two: International Criminal Law. 2019.

It is also absolutely essential to constantly refer to the Constitution, the ECHR, and, of course, the penal code in a printed version from the most authoritative legal publishing houses (e.g., Cortina, Giuffrè, Wolter's), both during lessons and individual study.

mode

The course is structured as interactive lectures, where questions are encouraged, and discussions are facilitated. To this end, reference materials for each lecture, including texts and parts of the manual to be covered, will be indicated in class and on Moodle before the lectures. Since a new manual in its first edition will be adopted, the lectures will have a seminar format to test this text for the subsequent edition. Students are therefore asked to be actively and critically involved, to provide their essential contributions to future editions of this manual, with the conviction that this mode of conduct will have significant educational value.

classRoomMode

Attendance is not mandatory but strongly recommended.

bibliography

See the "adopted texts". Any further instructions for attending students will be provided during the lessons and on Moodle.

courseProgram

Historical evolution of labour law and the sources of law - Employment relationship - Self-employment and quasi-subordinate status – The employment contract - Job contracts (fixed-term, job on call, apprenticeship, temporary agency work, ecc.). Decree «Dignità» and other legislative changes – Equality and anti-discrimination Law – Maternity and parental leave – Dignity of worker - Employer’s power and Duties for employee - Workers’ rights: Wage/salary/pay and Health and safety at work - Working time and Part time - Suspension of employment relationship - Outsourcing. Transfer of undertakings and undertakings’ crisis - Dismissal law and workers’ rights - Collective redundancy – Resignation and Termination of employment relationship - Enforceability rights.

examMode

Final oral exam at the end of the course

books

M.V.BALLESTRERO, Diritto del lavoro, Giappichelli, 2022 [Part III; Part V; Part VI; Part VII; Part VIII; Part IX]
Anyway, it is very important to study with a updated Labour Law Code, for example:
Codice del lavoro, schemi e tabelle, edited by M.T. CARINCI, Milan, Giuffrè, 2024.
------------------
The Erasmus students who prefer the oral final examination in English can study the following text book:
Carinci F., Menegatti E., Labour Law and Industrial Relations in Italy. Update to the Jobs Act n. 183/2014 [no Chapters XIV, XV and XVI], Wolters Kluwer, Iposa-Manuali, Milan, 2015, ISBN: 9788821755170

mode

Labour law classes where the students will participate and debate on the main issues and new rules of law and case law with the scope of applying the key concepts explained.

classRoomMode

Attendance is optional, although strongly recommended

bibliography

Other materials will be provided during the lectures

courseProgram

The book used for the grammar part is:

Raimond Murphy with Lelio Pallini "Essential Grammar in Use (Italian edition). Fourth edition with answers" Cambridge.

The entire grammar book is part of the exam. Below are the most important parts:

- Present
- Past simple
- Past continuous
- Present perfect
- Present continuous with future meaning
- Future with "will"
- To be going to
- Past perfect
- Comparatives and superlatives
- Modal verbs must, should, and might
- Possessive pronouns
- Passive voice
- Prepositions of time and place
- The form "used to"
- Conditional type 0, 1, and 2

examMode

Please, refer to the professor in charge of the 10 ECTS credits.

books

Raimond Murphy and Lelio Pallini “Essential grammar in use (edizione italiana). Quarta edizione con soluzioni” Cambridge.

mode

Please, refer to the professor in charge of the 10 ECTS credits.

classRoomMode

in presence

bibliography

1. Raymond Murphy, English Grammar in Use: A Self-Study Reference and Practice Book for Intermediate Learners of English, Cambridge University Press, 2019. (Inglese, con soluzioni – edizione internazionale)

2. Michael Swan, Practical English Usage, Oxford University Press, 2016. (Un classico di riferimento per la grammatica inglese e l'uso, adatto anche a italofoni)

3. John Eastwood, Oxford Practice Grammar: Intermediate, Oxford University Press, 2006. (Con esercizi pratici e spiegazioni per studenti di livello intermedio)

4. Martina Tuts, Grammatica inglese per italiani, Hoepli, Milano, 2018. (Un testo specificamente pensato per italofoni, con spiegazioni chiare in italiano)

5. Liz and John Soars, Headway English Grammar, Oxford University Press, 2015. (Con focus su grammatica e pratica, utile per studenti di livello intermedio e avanzato)

courseProgram

Civil Procedural Law Programme
Handbook: C. Consolo, Spiegazioni di diritto processuale civile, vol. I e II, ult. ed.

- Vol. I

Introduction
 Chapter 3 (online)

Section One
 Chapter 1 - § 8-17
 Chapter 2
 Chapter 3 - § 1-6
 Chapter 4 - § 1, 4 and its subsections
 Chapter 5
 Chapter 6
 Chapter 7
 Chapter 8
 Chapter 9

Section Two
 Chapter 1 - § 2, 3 and 4 (the latter including relevant subsections)
 Chapter 2 - § 1-5
 Chapter 3 - § 1, 3 and their subsections
 Chapter 4 - except § 7
 Chapter 5 - to be read
 Chapter 6
 Chapter 7

Section Three
 Chapter 1
 Chapter 2
 Chapter 3
 Chapter 4 - § 1, 3 and 4 and their subsections
 Chapter 5
 Chapter 6
 Chapter 8
 Chapter 9
 Chapter 10


- Vol. II

Section Five
 Chapter 1
 Chapter 2
 Chapter 3
 Chapter 4
 Chapter 5
 Chapter 6
 Chapter 7
 Chapter 8
 Chapter 10
 Chapter 12
 Chapter 13
 Chapter 14

Sixth Section
 Chapter 1 - except § 7
 Chapter 2
 Chapter 3 - except § 4 and its subsections
 Chapter 6
 Chapter 7
 Chapter 8

Seventh Section 108 pages
 Chapter 1 - § 1, 2, 3, 4, 5, 6, 10 and subsections thereof
 Chapter 2 - except § 9
 Chapter 3 - § 3 (except § 3.6 and § 3.7), 4, 5, 6, 7, 10 and subsections thereof

examMode

The assessment is by oral exam. The knowledge of the main subjects is verified through general questions. In answering, the student must be able to show an adequate knowledge of the basic principles and main subjects, as well as understanding the purposes of the legal regulation. The student must show the ability to understand the rational of principles and legal regulation, demonstrating her/his/ own arguing and reasoning skills.

books

C. Consolo, Spiegazioni di diritto processuale civile, voll. I-II, latest edition

or alternatively,
C. Mandrioli e A. Carratta, Diritto processuale civile, voll. I-IV, latest edition
(programme to be agreed with the chair)

or alternatively,
F.P. Luiso, Diritto processuale civile, voll. I-IV, latest edition
(programme to be agreed with the chair)

mode

The course is structured in lectures. Supplementary lectures are also provided, during which clarifications are offered on the most complex institutes of the civil proceedings, also through the illustration of sample cases and and pleadings.

classRoomMode

The course is structured in lectures. Supplementary lectures are also provided, during which clarifications are offered on the most complex institutes of the civil proceedings, also through the illustration of sample cases and pleadings.

bibliography

The reference bibliography for the course is as follows:
C. Consolo, Spiegazioni di diritto processuale civile, voll. I-II, latest edition.

or alternatively,
C. Mandrioli e A. Carratta, Diritto processuale civile, voll. I-IV, latest edition


or alternatively,
F.P. Luiso, Diritto processuale civile, voll. I-IV, latest edition

courseProgram

The course focuses on the historical evolution of the relationship between economics and law and of public intervention in the economic system, conducted through the dynamics of market regulation and governance. The following will be covered as specific topics: the development of the modern State from the point of view of its intervention in the economic system; the economic prescriptions of the Constitution as they have evolved; economic freedoms and social rights; public and private property; antitrust law and consumer protection, also in the light of the role of independent administrative authorities; nationalisation, privatisation and liberalisation.

examMode

The results are verified by oral examination. Both the knowledge acquired and the ability to express oneself, mastering the vocabulary of the discipline, will be assessed. The pass mark is achieved by demonstrating that at least the basic vocabulary and notions of the discipline have been acquired.

books

For attending students, the texts adopted are as follows:

- S.Cassese (ed.), La nuova costituzione economica, Laterza, Roma-Bari 2021, Chapters I, II, V, VI, VIII, IX e X;
- C. Cudia, Diritto pubblico dell'economia. Lessico e materiali, Giappichelli, Torino, 2023

Further materials can be provided via the Moodle platform.



For non-attending students, the text adopted is as follows:

- S.Cassese (ed.), La nuova costituzione economica, Laterza, Roma-Bari 2021, with the exception of Chapter VII;

mode

The course is based on both frontal lessons and the discussion of specific issues or cases.

bibliography

See the materials indicated or provided during classes.

courseProgram

The course aims to provide students with the tools for understanding the functioning of the international legal system. To this end, special attention will be paid
to the structures of the legal system, to the interactions between the subjects that compose it and to the evolution of the traditional international rules and institutions.

The general part of the course will therefore be dedicated to the foundations of international law and will address the most relevant issues relating to:

1) Sources of international law. Customs, treaties and general principles of law. The relationships between
the sources of international law. The International Law Commission and the Codification of International Law. The law of treaties.

2) Subjects of international law. States and international organizations. The subjectivity of individuals: from the repression of international crimes to human rights protection. The regime of immunities: State immunity, functional and personal immunities, the immunities of international organizations

3) Use of force in international relations. Role and functioning of the Security Council and Chapter VII of the Charter of the United Nations; the exceptions to the prohibition of
use of force

4) Peaceful settlment of international disputes. Arbitration. The International Court of Justice: advisory opionions and contentious function. The European Court of Rights
of man. The International Criminal Court.

5) The law of State responsibility. Constitutive elements of the international wrongful act. The consequences of the unlawful act. The collective relationship of responsibility.

6) The relationship between international law and domestic law. Monism and dualism. Customary law and domestic law. Treaties and domestic law.

examMode

The exam consists of a written test with three open-ended questions. The time allotted is one and a half hours.

books

- Cannizzaro, Diritto internazionale, quinta edizione, Giappichelli, Torino, 2023.


Erasmus Students:
Shaw, International Law, Cambridge, 2017

mode

Frontal teaching and seminars. Exercises and cases discussion.

classRoomMode

Attendance for the course is optional.

bibliography

1. Gray, International Law and the Use of Force, Oxford, 2018.
2. Research Handbook on the Law of Treaties, (Tams, Tzanakopoulos, Zimmermann), Cheltenham, 2014.
3. The Statute of the International Court of Justice: A Commentary (Zimmermann, Tomuschat, Oellers-Frahm), Oxford, 2006.
4. Parlett, The Individual in the International Legal System, Oxford, 2011.
5. The International Law Commission's Articles on State Responsibility (Crawford), Cambridge, 2002.

courseProgram

Civil Procedural Law Programme
Handbook: C. Consolo, Spiegazioni di diritto processuale civile, vol. I e II, ult. ed.

- Vol. I

Introduction
 Chapter 3 (online)

Section One
 Chapter 1 - § 8-17
 Chapter 2
 Chapter 3 - § 1-6
 Chapter 4 - § 1, 4 and its subsections
 Chapter 5
 Chapter 6
 Chapter 7
 Chapter 8
 Chapter 9

Section Two
 Chapter 1 - § 2, 3 and 4 (the latter including relevant subsections)
 Chapter 2 - § 1-5
 Chapter 3 - § 1, 3 and their subsections
 Chapter 4 - except § 7
 Chapter 5 - to be read
 Chapter 6
 Chapter 7

Section Three
 Chapter 1
 Chapter 2
 Chapter 3
 Chapter 4 - § 1, 3 and 4 and their subsections
 Chapter 5
 Chapter 6
 Chapter 8
 Chapter 9
 Chapter 10


- Vol. II

Section Five
 Chapter 1
 Chapter 2
 Chapter 3
 Chapter 4
 Chapter 5
 Chapter 6
 Chapter 7
 Chapter 8
 Chapter 10
 Chapter 12
 Chapter 13
 Chapter 14

Sixth Section
 Chapter 1 - except § 7
 Chapter 2
 Chapter 3 - except § 4 and its subsections
 Chapter 6
 Chapter 7
 Chapter 8

Seventh Section 108 pages
 Chapter 1 - § 1, 2, 3, 4, 5, 6, 10 and subsections thereof
 Chapter 2 - except § 9
 Chapter 3 - § 3 (except § 3.6 and § 3.7), 4, 5, 6, 7, 10 and subsections thereof

examMode

The assessment is by oral exam. The knowledge of the main subjects is verified through general questions. In answering, the student must be able to show an adequate knowledge of the basic principles and main subjects, as well as understanding the purposes of the legal regulation. The student must show the ability to understand the rational of principles and legal regulation, demonstrating her/his/ own arguing and reasoning skills.

books

C. Consolo, Spiegazioni di diritto processuale civile, voll. I-II, latest edition

or alternatively,
C. Mandrioli e A. Carratta, Diritto processuale civile, voll. I-IV, latest edition
(programme to be agreed with the chair)

or alternatively,
F.P. Luiso, Diritto processuale civile, voll. I-IV, latest edition
(programme to be agreed with the chair)

mode

The course is structured in lectures. Supplementary lectures are also provided, during which clarifications are offered on the most complex institutes of the civil proceedings, also through the illustration of sample cases and and pleadings.

classRoomMode

The course is structured in lectures. Supplementary lectures are also provided, during which clarifications are offered on the most complex institutes of the civil proceedings, also through the illustration of sample cases and pleadings.

bibliography

The reference bibliography for the course is as follows:
C. Consolo, Spiegazioni di diritto processuale civile, voll. I-II, latest edition.

or alternatively,
C. Mandrioli e A. Carratta, Diritto processuale civile, voll. I-IV, latest edition


or alternatively,
F.P. Luiso, Diritto processuale civile, voll. I-IV, latest edition

courseProgram

1. The Enterprise
1.1. The commercial law system
1.2. The Enterprise and the activity of the entrepreneur
1.2.1. The economic enterprise and the entrepreneur
1.2.2. Profiles of legal relevance to the economic enterprise: enterprise and business
1.2.3. The enterprise as an economic activity and as a professional activity
1.2.4. Enterprise as an organised activity: enterprise and small business
1.2.5. The family business
1.2.6. The enterprise and the profit motive
1.2.7. The social enterprise
1.2.8. The agricultural enterprise
1.2.9. The notion of enterprise and the so-called shipping company
1.3. The entrepreneur's statute
1.3.1. The General Statutes
1.3.2. Categories of entrepreneurs and individual statutes
1.3.3. Acquisition of the status of entrepreneur and termination of the enterprise
1.4. The entrepreneur's auxiliaries
1.5. Identification of the enterprise
1.5.1. Means of business identifying
1.6. Competition and consumers
1.6.1. Free competition
1.6.2. Competition and market discipline
1.6.3. Unfair competition
1.6.4. Legal and conventional limitations of competition
1.6.5. Misleading advertising and comparative advertising
1.6.6. Unfair commercial practices
1.7. Consortia between entrepreneurs
1.8 The Firm
2. The enterprise collective exercise
2.1. The “società di persone”
2.2. The “società di capitali”
2.3. Transformation, merger and division
2.4. Links between companies and groups
3. The financial market
3.1. Financial market and protection of savers
3.2. Financial products and the call for public savings
3.3. Financial instruments and investment services
3.4. Collective management of savings
3.5. Regulated markets and stock exchange contracts

For Erasmus Students who have chosen the optional exam textbook “N. de Luca, European Company Law, Cambridge University Press, last edition”, the exam program corresponds to the subjects covered in the textbook.

examMode

The chosen method of assessment consists of an oral test, in the course of which the candidate is asked diversified and non-monothematic questions on the topics taught, in order to assess the candidate's knowledge and understanding, not limited to the theoretical approach of the questions, but also with reference to the applicative implications of the relevant notions and problems that practice presents to the jurist.

books

Recommended text for the study of the legal constructs involved in the programme: G. FERRI, Manuale di diritto commerciale, a cura di C. ANGELICI - G.B. FERRI, Utet, seventeenth edition. According to the student’s preferences, using other updated university textbooks is allowed (for instance, to study company law issues, A. Stagno d'Alcontres - N. De Luca, Manuale delle società, Giappichelli, Torino, 2023). It is recommended that students, including non-attendants, study the notes and case study material made available on the portal.
In any case, it is necessary to integrate the study of the individual legal constructs with the examination of the Civil Code, the laws concerned and the judgments that will be made available on the portal.
Erasmus Students can choose the optional exam textbook “N. de Luca, European Company Law 2, Cambridge University Press, last edition”. In that case, the exam program corresponds to the subjects covered in the textbook.

mode

Frontal lessons.

classRoomMode

Optional attendance.

bibliography

G. FERRI, Manuale di diritto commerciale, a cura di C. ANGELICI - G.B. FERRI, Utet, diciassettesima edizione;
AA. VV., Manuale di diritto commerciale, a cura di M. CIAN, Giappichelli, 2023;
G.F. CAMPOBASSO, Diritto commerciale. 2. Diritto delle società, Utet, 2024;
G. PRESTI - M. RESCIGNO, Corso di diritto commerciale. Vol. 1: Impresa, contratti, titoli di credito, fallimento, Zanichelli, 2023;
AA.VV., Manuale di diritto commerciale, a cura di L. DE ANGELIS, Wolters Kluwer-Cedam, 2024;
P. JAEGER - F. DENOZZA - A. TOFFOLETTO, Appunti di diritto commerciale, Giuffrè, 2023;
A. GRAZIANI - G. MINERVINI - U. BELVISO - V. SANTORO, Manuale di diritto commerciale, Wolters Kluwer-Cedam, 2023;
A. STAGNO D'ALCONTRES - N. DE LUCA, Manuale delle società, Giappichelli, 2023.
N. de Luca, European Company Law 2, Cambridge University Press

courseProgram

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.

examMode

The evaluation methods are aimed at assessing the understanding of the tax system both from a theoretical and practical-applicative perspective. It will be the student’s responsibility during the oral exam to demonstrate their absorption and comprehension of the subject, often already familiar from real-life practical dynamics but not yet fully understood within the context of the tax system. In order to ensure the evaluation is as fair as possible, before the oral discussion phase, a short multiple-choice test is distributed to guide the subsequent discussion of the topics, thus avoiding the entire evaluation being focused solely on verbal presentation.

books

“L’imposizione tributaria come diritto amministrativo speciale” di Raffaello Lupi, Lgs Editore 2023

classRoomMode

It is highly recommended to actively participate in tax law classes, as the subject is characterized by a complexity that can often be difficult to grasp through the mere reading of textbooks. Tax law is based on a system of rules that govern the relationship between taxpayers and the state, and understanding its dynamics requires not only an in-depth analysis of the laws but also the ability to interpret them in the context of real-life situations.

Tax law is an interdisciplinary subject, involving aspects of economics, finance, and public law. Tax regulations are not isolated but are intertwined with other areas of law, such as civil law, criminal law, and commercial law. This structural complexity can make it challenging for students to obtain a clear and comprehensive view by simply reading legal texts or manuals. For these reasons, the importance of classroom interaction is emphasized.

bibliography

"Introduction to Italian Tax Law" - Autori: Andrea Amatucci, Guglielmo Maisto - Editore: IBFD (International Bureau of Fiscal Documentation)
"Italian VAT Handbook" - Autori: Andrea Parolini, Paolo Giardina Editore: IBFD

courseProgram

Criminal Jurisdiction - Constitutional principles, guarantees set forth by International Charters of Rights and “due process of law” - Adversarial and Inquisitorial systems - Subjects and Acts - Criminal proceeding dynamics from notitia criminis to first instance judgement - Special proceedings - Evidence - Precautionary measures - Appellate remedies - Brief overview on the enforcement phase

AA. VV. (edited by M. BARGIS), Compendio di procedura penale, XI edition, Cedam, Padova, 2023
Cap. I (excluding from § 28 to § 43)
Cap. II (from § 10 to § 12 and from § 29 to § 38)
Cap. III
Cap. IV (excluding § 19, 20, 21, 22, 25 and 26)
Cap. V
Cap. VI (excluding § 5, 27 and 34)
Cap. VII
Cap. IX (excluding § 52 e 53)
Cap. X (from § 1 to § 5)

examMode

Assessment will be by means of an oral exam aimed at testing knowledge of the criminal procedure discipline.

books

AA. VV. (a cura di M. BARGIS), Compendio di procedura penale, XI ed. Cedam, Padova, 2023

It is essential to use the latest commercially available edition of the Criminal Procedure Code, to be updated with any subsequent changes.

mode

All exam sessions must be held in presence.

bibliography

G. Illuminati, Costituzione e processo penale, in Giur. it., 2008, p. 521.

courseProgram

The course program for attending students explores the side effects of criminal law, focusing on both the decision to criminalize behavior and the application of punishment in individual cases, affecting both personal and collective spheres. Students will thus engage with the issue of the legitimacy of punishment from a contemporary and innovative perspective. The course begins with a terminological and conceptual framework, followed by an analysis of the dogmatic and practical rationales that have often overshadowed the issue of punishment’s collateral consequences in modern criminal theory. It will then proceed with an examination of current laws, covering both individual and corporate punishment scenarios, in our legal system as well as in foreign legal systems. In this context, students will analyze regulatory mechanisms and decision-making techniques aimed at mitigating the collateral effects of punishment, supported by case studies. The course concludes by addressing the principled reasons for minimizing collateral effects at the constitutional level, considering this as a factor in the delegitimization of penal interventions, with special emphasis on the role of the principle of proportionality.

examMode

For non-attending students, the assessment consists of an oral examination.
For attending students, the assessment is divided into three components: ongoing evaluation based on class participation, an in-class group presentation, and two written assignments (in the form of an essay/legal opinion). The higher grade of the two written assignments will be taken into account for the final evaluation.

books

The required texts differ for attending and non-attending students.

For NON-attending students: D. Pulitanò (ed.), Diritto penale. Parte speciale. Vol. I, Tutela penale della persona, third edition, 2019, Torino, Giappicchelli, pp. 1-337.
Anyone wishing to prepare for the exam using a different textbook or for specific reasons needs to arrange the exam, please contact the instructor via email.

For attending students, the required text is M. Galli, Gli effetti collaterali della pena, Torino, Giappichelli (2024). A PDF version will be provided by the instructor. Additional study materials (mainly court rulings, particularly relevant for class presentations) will be announced during lectures and published on Moodle.

mode

The course is divided into two parts. A first part in which, using a seminar method, the tools for dealing with the issues covered by the course will be presented in participatory lectures. This will be followed by a second part organised around student reports on the topics covered by specific written and oral dissertations prepared by the students under the guidance of the lecturer and the lecturer's assistants. The written dissertations will then be the subject of an examination for all participating students. In order to make this second part of the course as useful and participatory as possible, the written dissertations (the so-called 'term papers') will be published in advance of the examination date. Details of the nature and topics of the term papers will be published on moodle.

classRoomMode

Optional, but highly recommended

bibliography

M. Galli, Gli effetti collaterali della pena, Torino, Giappichelli, 2024.

Any further instructions for those attending will be indicated in class and on Moodle.

courseProgram

Historical evolution of trade union and the sources of law – The Constitutional system - Evolution of industrial relation system - Trade union - Trade union freedom - Representation and Representativeness - Trade union representation at company level – Trade union rights in the workplaces - Discriminatory and anti-trade unionist behavior of employer - Collective agreement: models, framework, efficacy, binding/no binding, mandatory rules – Collective bargaining: the framework agreements and the system dynamics - National, company, territorial and proximity agreement - Levels of collective agreements - Legal system and collective bargaining - Cross-reference between law and collective bargaining - Collective Bargaining in the Public Sector – Strike: industrial action - Case law and the Courts - Strike in essential public services - Lockout.

examMode

Final oral exam at the end of the course

books

M.V. BALLESTRERO, Diritto sindacale, Torino, Giappichelli, ult. ed. 2023
Codice del lavoro, schemi e tabelle a cura di M.T. CARINCI, Milano, Giuffrè, 2024

mode

Classroom-taught. The students will participate debating on the main issues and new rules of law and case law with the scope of applying the key concepts explained.

classRoomMode

Attendance is strongly recommended.

bibliography

Other materials will be provided during the lectures

courseProgram

Criminal Jurisdiction - Constitutional principles, guarantees set forth by International Charters of Rights and “due process of law” - Adversarial and Inquisitorial systems - Subjects and Acts - Criminal proceeding dynamics from notitia criminis to first instance judgement - Special proceedings - Evidence - Precautionary measures - Appellate remedies - Brief overview on the enforcement phase

AA. VV. (edited by M. BARGIS), Compendio di procedura penale, XI edition, Cedam, Padova, 2023
Cap. I (excluding from § 28 to § 43)
Cap. II (from § 10 to § 12 and from § 29 to § 38)
Cap. III
Cap. IV (excluding § 19, 20, 21, 22, 25 and 26)
Cap. V
Cap. VI (excluding § 5, 27 and 34)
Cap. VII
Cap. IX (excluding § 52 e 53)
Cap. X (from § 1 to § 5)

examMode

Assessment will be by means of an oral exam aimed at testing knowledge of the criminal procedure discipline.

books

AA. VV. (a cura di M. BARGIS), Compendio di procedura penale, XI ed. Cedam, Padova, 2023

It is essential to use the latest commercially available edition of the Criminal Procedure Code, to be updated with any subsequent changes.

mode

All exam sessions must be held in presence.

bibliography

G. Illuminati, Costituzione e processo penale, in Giur. it., 2008, p. 521.

courseProgram

The course on Comparative Legal Systems offers an in-depth analysis of different legal traditions and their constitutional implications. It begins with an introduction to legal comparison, exploring its definitions, methods, and role in the contemporary context. This is followed by an examination of the world's legal families, comparing common law, civil law, religious, and mixed systems, with a critical reflection on traditional taxonomies.
The course delves into the main legal systems: on one hand, civil law, with particular attention to its Roman origins and codification processes in France, Germany, and Italy; on the other, common law, analyzing its historical roots, the principle of binding precedent, and the role of the jury in the British and American systems. A specific focus is given to the European Union as a constitutional order, with case studies such as Costa v. Enel and Les Verts.
The course then explores the concepts of constituent power and constitutional revision, as well as the distinction between flexible and rigid constitutions, with references to the Chilean case. It continues with the study of state structures, including monarchy, republic, feudal state, absolute state, liberal state, authoritarian and totalitarian states, the welfare state, the rule of law state, and the liberal-democratic state, along with forms of government such as parliamentary, presidential, semi-parliamentary, directorial, chancellorship, and prime ministerial systems, with a comparative analysis of Italy’s premier reform.
A particular focus is dedicated to territorial arrangements within the state, comparing unitary, federal, regional, and confederal states, with case studies on the Spanish autonomic model and the Swiss confederation. Following a midterm exam, the course examines the judiciary and constitutional justice, analyzing models of rights protection and transnational influences through landmark cases such as Dobbs v. Jackson Women’s Health Organization and the Cappato case.
Subsequent lessons address key constitutional issues, including secessionist movements and Brexit, and their implications for the European Union and the United Kingdom; the evolution of the role of Parliament and legislative process oversight, with an analysis of Italian and international jurisprudence; and the rule of law crisis in Europe, focusing on cases in Poland, Hungary, Bulgaria, and Romania.
The course then examines human rights from a comparative perspective, considering international conventions, regional protection systems, and constitutional balancing, with an analysis of key rulings from the German Constitutional Court, such as Lüth and Apotheken-Urteil.
The final lessons explore emerging technologies and challenges to democracy, with a focus on artificial intelligence regulation, online freedom of expression, and disinformation, particularly the conflict between the Brazilian Supreme Court and Twitter. The course concludes with an analysis of the constitutional limits on judicial annulment of elections, examining the Romanian case and the opinion of the Venice Commission.

examMode

Attendance and active participation in the classroom will be positively evaluated in determining the final grade. Halfway through the course, attending students may choose to undertake a midterm exam. At the end of the course, the oral exam will be conducted on a syllabus that will take into account the work already done and assessed.
Non-attending students will have to take the final oral exam on the entire syllabus, as indicated in the appropriate section on textbooks.

books

Selected chapters (to be agreed with the professor) from:

- R. Masterman and R. Schütze, The Cambridge Companion to Comparative Constitutional Law (CUP, 2019).

- M. Rosenfeld and A. Sajò, The Oxford Handbook of Comparative Constitutional Law (OUP, 2012).

classRoomMode

Class attendance is mandatory.

bibliography

See Moodle for additional readings

courseProgram

The course explores the relationship between the key concepts of legal informatics and the protection of rights, in order to learn and understand the potential and risks of the digital sphere, as well as the legal instruments in force or currently under discussion, also through the analysis of practical cases. From this perspective, the following main topics will be dealt with during the course:
(i) Fundamental rights and the role of institutions (digital citizenship, internet access and net neutrality); (ii) Personality on the internet: protection of personal data, digital identity and the right to be forgotten; (iii) E-democracy. Forms and problems of digital participation (e-democracy and e-government; e-democracy and electronic voting); (iv) The "right to the Internet": reasons and principles for democratising the Internet (the digital divide; critical digital education); (v) e-Health: IT legal profiles (artificial intelligence and algorithmic medicine; health information systems and electronic health records; the electronic health record; telemedicine and mHealth); (vi) cybersecurity (from computer security to cybersecurity: the paradigms of computer security; cyber incidents; guidelines and objectives of computer security; cyber threats); (vii) from copyright to copyleft; (viii) digital transformation in the world of work (remote work; the right to disconnect; remote work and the principle of free choice); (ix) Public Administration and Digital Rights (Digital Rights; Digital Administration; Transparency, Openness and Data Protection; From Digital First to Digital Exclusivity); (x) Digital Life and Death. The electronic body and its legal protection (The digital fingerprint; Personal identity and digital identity; Digital identity and representation of the self; Digital death; The life and death of the electronic body); (xii) From the electronic signature to smart contracts (Handwriting and signature; Establishing the identity of the signatory; The certainty of the date of signature; IT "documentality"; Writing, electronic signatures and digital signature; Smart contracts); (xiii) Electronic justice and the digitalisation of justice; (xv) Forensic IT: Legal and technical profiles in the processing of digital evidence; (xvi) Focus I: Cybercrime and the phenomena of cyberstalking, cyberbullying and revenge porn; (xviii) Focus II: Hate speech on the Internet

examMode

The final examination is oral for both attending and non-attending students.
As a guideline, the oral examination will consist of at least three questions on three different parts of the program: one of a general nature; one relating to a specific institute; one formulated on the basis of a practical case contained in the textbook to be studied for the preparation of the examination (see section “Testi adottati/Course texts”)
Example of a general question:
Analyse the main characteristics of online hate and the means of prevention and contrast.
Example of a specific question:
Explain the concept of "copyleft

Assessment levels
The student’s ability to develop an organic and critical vision of the topics covered, the ability to work autonomously and the use of a precise and rigorous language will lead to an assessment of excellence.
The ability to summarise and analyse in depth and/or a correct, but not always rigorous, language will lead to fair marks.
Gaps in preparation and/or the use of inadequate language, even if there is a basic knowledge of the examination material, will result in assessments that do not exceed the pass mark.
Gaps in preparation, such as having omitted some of the texts included in the programme, the use of inadequate language and the inability to orient oneself effectively in the course material, will not be taken into account positively for assessment purposes.

books

To prepare for the exam, students will have to study the following text:
Thomas Casadei, Stefano Pietropaoli, Diritto e tecnologie informatiche. Seconda edizione ampliata e aggiornata, Wolters Kluwer, 2024

mode

The course consists of 36 hours of classroom teaching. Teaching will take the form of traditional and dialogical lessons, with the aim of encouraging the active participation of students, also through the analysis of practical cases
Non-compulsory attendance

classRoomMode

Attendance is not mandatory. However, it is highly recommended as the classes are designed to ensure student interaction and active participation

bibliography

Thomas Casadei, Stefano Pietropaoli, Diritto e tecnologie informatiche. Seconda edizione ampliata e aggiornata, Wolters Kluwer, 2024