PUBLIC ECONOMIC LAW

PUBLIC ECONOMIC LAW

Marco Sepe

Instructional goals

The main objective of the course, taking into account the placement in the first year, is to provide the terminological tools for their first approach to law and a basic legal knowledge aimed at understanding the relationship between institutions, law and economy. The approach will be systematic. However, the aim is to provide students with the methodology for the critical analysis of the principles and relations governing the institutions of economic law, public and private, at international, European and national level.

Intended learning outcomes

Knowledge and understanding: the student will have acquired basic knowledge of the subject and in particular the legal system of the economy; he will know what the organization of the State is; he will also have acquired knowledge of basic interpretation techniques. In itinere, this knowledge will be evaluated through an intermediate test or through interaction during the lessons. In particular, the student will have to: - Know the constitutional order of the market and the sources to understand the regulatory choices adopted by the Constituent. - To know the evolution of the history and the European legal and economic order. - To know the structure and composition of the Government, the Parliament and the role of the President of the Republic in order to understand the institutional set-up. - Knowing the constitutional ideas behind public finance and understanding the interrelationships between state - society – economy. Knowing the actors that underpin public intervention in the market and understanding the institutional choices underlying the link between supervision and the market. - To know the authoritative structure of the internal capital market and understand the function of banking, financial and insurance activities. - Knowing the dynamics of the market and understanding the function of competition rules. - Knowing the instruments and understanding the logic of the rules governing the functioning of the capital market. Ability to apply knowledge and understanding: - learning about the new challenges posed by technological innovation and sustainability (ESG) to the banking and financial market. The student will be able to apply the theoretical fundamentals to the interpretation of the legal framework of reference, improving their ability to interpret the legal phenomenon. In particular, the student will be able to analyze: - the relationships between the different sources; - the impact of constitutional principles on the market; - the process of construction of the European Union and the institutional aspects related to the management of public resources; - the effects of democratic institutions and the impact of supervision on the market and finance; - the impact of competition and the legal system on the dynamics of supply and demand for capital. Autonomy of judgment The student will have developed a critical awareness such as to allow the formulation of autonomous judgements on the identification of the applicable regulations in the subjects under study; he/she will also have developed a critical awareness such as to evaluate the individual regulations in reference to the fundamental principles, verifying their effectiveness. Communication skills The student will have developed the ability to communicate by adopting a rich vocabulary and a good synthesis technique. Learning ability: The student will be able to continue their studies, first, and start working, then, putting into practice the notions learned during the lessons. In particular, the student will have to acquire: - the ability to bring the individual norms back to the fundamental principles of reference - the ability to study the Italian legal system; -the ability to correlate the functions of independent institutions and authorities to the socio-economic reality; - the ability to comply with the supervisory rules governing the matter; - the ability to comply with the supervisory rules.

Course Contents

The course is divided into two parts. In the first part there will be an illustration of the constitutional principles and public law, with particular regard to those characterizing our country as well as those governing economic matters. In the second part there will be an in-depth examination of specific issues of public economic law in the national and EU context, with particular reference to those of more immediate relevance to current affairs (market and competition regulations, privatisation, control of public finance, independent administrations, the process of European integration and globalisation, control of the currency, technological innovation and sustainable development, the ECB and the top-level structure of the European financial system, banking disintermediation and financial markets.

Reference Books

Diritto pubblico dell’economia, curated by M. Pellegrini, Cedam, Padova, 2023 (with the exception of some chapters that will be indicated in class) LINKhttps://luiss.summon.serialssolutions.com/?#!/search?ho=t&l=it-IT&q=MIRELLA%20PELLEGRINI%2023. For more details on the the part relating to the Constitution, it is suggested: Compendio di diritto pubblico, curated by V. Lemma and M. Pellegrini, Giappichelli, 2023; or F.Politi, Diritto pubblico, Giappichelli, Torino, l.e. It is also reccomended a collection of the main normative texts on the subject of Public Law (known as codes).

Teaching Methods

The methods and tools supporting teaching activities are on-line and physical lectures, case study discussions and group project works (if any).

Assessment Method

The exam will be oral. During the exam the student must demonstrate knowledge of the principal arguments put forward during the course. The student will be able to analyze independently and with a critical spirit the discipline and the institutes covered by the course, correctly using the legal vocabulary of the subject, demonstrating to have acquired the study method and to deepen independently the subject. The student must demonstrate reasoning skills, applying institutions to practical cases explained by the teacher. The evaluation of the exam will be based on the following criteria: 1.Mid-term test carried out according to methods chosen by the teacher and communicated in due time. The Mid-term test will cover the topics covered up to one week before it. The intermediate test will cover the topics addressed up to a week before the mid term, it is not mandatory and the result obtained will be valid until the appeal in September. It will award a bonus point if a certain result is achieved and will not be considered as an exemption during the final exam of the topics covered by it. To be able to take the intermediate test it will be necessary to have attended at least 2/3 of the lessons held up to that point. 2. Final exam. The final exam will be oral and will be assessed as follows: or knowledge and understanding of the institutes and the principles of the subject and ability to apply to concrete cases (70%); or ability to use the technical-legal vocabulary, ability to consult and evaluate relevant sources and acquisition of the study method (30%). 3.Participation in class: it includes participation in eventual exercises and project work. No bonus points are attributed. Carrying out the project work will result in exemption from the final exam of the subject matter. To be able to carry out the project work it will be necessary to have attended at least 2/3 of the lessons held up to that point. Through these activities we intend to evaluate the ability to apply knowledge and autonomy of judgment. Students who will not take the intermediate test or who will obtain an insufficient grade in the intermediate test will be evaluated on the final oral test and on the other activities carried out during the course. The presence of training gaps in one or more institutions or principles will lead to an insufficient assessment even if there is a basic knowledge of the subject.

Thesis assignment criteria

Motivational interview.

Week 1

on campus Introduction of the course, by sharing learning outcomes, teachings methods and assessment methods. The State: introductory notions (political power; the State and its constituent elements. Forms of state and forms of government. “Forms of State”, Sovereignty, Political representation, separation of power, Majority rule, parliamentary form of government, unitary State, regional State, federal State.

Week 2

on campus Interventor State and regulatory State in the economy: legal phenomenon; the economic analysis of law; living law and interpretation; the role of national judges. The welfare State and its crisis; the administration between organisation and activity.

Week 3

on campus: The italian Constitution. Value, constituent power, classifications of constitutions. The constitutional arrangements in Italy, the formal and material Italian Constitution. Principles on economic relations in the Italian Constitution and in the EU Treaty. The so-called Economic Constitution.

Week 4

on campus The Parliament, the Government and the President of the Republic: determination of the political direction; structure and functioning of constitutional bodies Parliament’s functions; legislative procedures; Parliament and the European Union

Week 5

on campus The system of sources law. Domestic sources and European law. Globalisation and new deglobalisation scenarios The new market regulation techniques.

Week 6

on campus Globalisation and new market regulation techniques. The organisation of the EU's internal market and the means to achieve it. The four freedoms, the EU competition rules and the limitation of state aid to businesses

Week 7

on campus From the Treaty of Maastricht to the Treaty of Lisbon. The SCG and ESM treaties. The digitization of the financial sector: fintech and regulatory issues The sustainable development

Week 8

on campus The economic and financial crisis and the new economic-financial governance. The EBC.

Week 9

on campus Public finance within the constitutional framework and regulatory interventions in the Eu. The PNRR Public enterprises and privatisation in Italy. The protection of competition and the Agcm. The role of the State in the strategic sectors of the economy.

Week 10

on campus The independent administrative authorities at the time of the crisis. Banking disintermediation and alternative finance.

Week 11

on campus The financial market to understand the relationship between law and economy. The architecture of the financial order. UME, SEVIF and UBE. The stakeholders in financial market. Capital Market Union and State aids.

Week 12

End of the course.