LAW AND ECONOMICS

LAW AND ECONOMICS

Giuseppe Colavitti, Luigi Alla

Instructional goals

The course aims to provide the theoretical tools on a historical basis, for a critical approach to the understanding of the relationship between law, institutions and economy in the global integration of markets especially financial ones. The course highlights the requirements and legal mechanisms of operation and markets equilibrium in their concrete historical dynamic tracing with a legal perspective the interdependencies between legal rules, institutions and economic structures

Intended learning outcomes

1. Knowledge and understanding. The student will have acquired knowledge of the basic theoretical tools necessary for the analysis, framing and understanding of the relationships and interdependencies between institutions, law and economics in their synchronic and diachronic evolution 2. Applying knowledge and understanding. The student will develop the competence to use the knowledge acquired to promote and develop the systemic connection capacity of the relationships between law and economics in order to be able to frame and analyse the effects of measures and legal regulation interventions on the dynamics of functioning of markets and the economy. 3. Making judgements. The student will be able, also thanks to the indications that will be provided in the context of seminar-type activities / exercises and / or presentations, carried out during the course, to proceed autonomously with the identification, collection, selection, processing and interpretation of the information, data and documentation of a legal and economic nature, in order to develop a critical reading and understanding. 4. Communication skills The student will be put in a position to develop, thanks to the activities and exercises carried out during the course and, in particular, to the organization of the lessons with the introduction of the topics and themes to be treated starting from short exposures of the students, the skills to communicate and present the acquired knowledge and information collected during one's study and research activities and to face a discussion on the issues emerging from the presentations carried out. 5. Learning skills The student will acquire a study methodology that, starting from the analysis of the phenomena and problems emerging from the legal and economic context of reference, will allow him to continue and refine his training path by enhancing its depth in a multidisciplinary perspective.

Course Contents

The course introduces the study of the legal and institutional aspects of globalized economy. It defines, on a historical basis, the constitutive nexus between the rule of law and market economy by examining the institutional conditions and legal requirements of functioning of the the different models of economic constitutions followed in the Western countries. The course reconstructs the equilibrium conditions of the economic constitution of the Italian Republic, its problematic integration in the European Union and the progressive inclusion into the globalization since its genesis, starting with the liberalization of capital movements starting from 1980. Attention will be devoted to recent measures of contrast to the systemic crisis of global finance put in place in the US and the EU. Specifically, will be considered the impact of the financial crisis on the Euro, and on the balance of public finances of the member States and in particular on Italy by a critical illustration of the measures adopted and in course of implementation to reach economic and financial equilibrium.

Reference Books

Giuseppe Di Gaspare, Diritto dell’economia e dinamiche istituzionali, Cedam, Padova, Nuova edizione, 2017. (GDG, 2017) Giuseppe Di Gaspare, Teoria e critica della globalizzazione finanziaria, Cedam, Padova, 2011. (GDG, 2011)

Teaching Methods

On-campus lessons will be organised as follows: in the first part (wee- 1 to 6) lesson of the teacher. In the second part (week 7-12) the students, on the basis of the previous reading of the texts, are able to interact with the teacher and stimulated to intervene in the discussion with requests for clarifications and autonomous observations. In this second part students have the possibility to do classroom presentations on topics assigned by the teacher.

Assessment Method

Mid course written assessment test. Final oral examination at the end of the lectures in appeals indicated in the academic calendar.

Thesis assignment criteria

Demonstrated interest in the subject on the basis of discussion with the teacher.

Week 1

Presentation and introduction of the course Genesis of “economic law”, object, method. Historical approach and the relationship between State and market; economic constitution and rule of law. Economic Constitution of Liberal State Transition to the Democratic State, technicalization and legal protection of rights. GDG 2017, Part 1 Ch. 1

Week 2

Starting of financial globalization: abandonment of the gold standard of Bretton Woods Agreements and the exit from the (concept of) “worldeconomy”. Free movements of capital and start of the dollar-centric paradigm The dollar centric mechanism and the balance of monetary flows GDG 2011, Ch. 1-3

Week 3

Monists and dualists models of constitutional system. The relationship between economic vs social rights in monists models GDG 2017, part1 Ch. 2

Week 4

The financial Keynesianism and the dollar-centric "reality" Metamorphosis and progressive deconstruction of the US financial system. GDG 2011 Ch. 4-6

Week 5

Different theoretical models of economic constitutions: democratic-liberal; social-democratic; democratic-social constitution; Relevant differences between liberal-democratic and democratic-liberal economic constitution. GDG 2017, part 1, Ch. 3

Week 6

Recap – Questions and answers Mid course written assessment test.

Week 7

Italian economic constitution: formal vs material constitutional model. Formal economic constitution: social rights, types and forms of social rights and their legal protection. Economic formal Constitution: economic rights (freedom of private economic initiative Property rights. The labourist principle; The third title of the Italian Constitution "economic relations" GDG 2017, part 2 Ch. 1

Week 8

The gradual emancipation of the financial speculation from the real economy: shadow-market and meta-market Financial engineering and financial derivatives GDG 2011, Ch. 7-10 (+ Ch11-14 only reading)

Week 9

Formal economic constitution: the system of protection of economic right at a “macro” level: a) the fiscal discipline; b) the budgetary discipline and the optimization of the public spending. c) savings protection. Formal Economic Constitution: savings protection and banking, insurance and financial market regulation (outline). GDG 2017, part 2 Ch.1

Week 10

La crisi dei mutui subprime, la crisi finanziaria e gli effetti sul sistema dollaro centrico Le risposte alla crisi finanziaria nel sistema USA: messa in sicurezza del sistema finanziario GDG 2011, Cap. 15-20

Week 11

European integration process: evolution and its impact on Italian (material) economic constitution. GDG 2017, part 2 Ch. 2 e 3 Institutional dynamics of Italian economic constitution: adherence to the democratic liberal model. Crisis and transition to the democratic-social model. Affirmation and crisis of democratic-social constitution. External constraint and return to the democratic-liberal model GDG 2017, Part 3 Ch. 4 and 5

Week 12

The financial crisis and its impact on the European system Financial crisis and highlighting of the institutional weaknesses of the European system. Dollar centric system crisis and dollar / euro relationship Systemic risk in European public finance: the “unconventional” measures of the ECB GDG 2017, Part V, Ch. 1