PUBLIC ECONOMIC LAW
Instructional goals
The main objective of the cuorse, taking into account the placement in the first year, is to 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 is the organization of the State; 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:
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, welfare and the third sector, the process of European integration and globalisation, control of the currency, the top-level structure of the European financial system).
Reference Books
Compendio di diritto pubblico, a cura di V. Lemma e M. Pellegrini, Torino, Giappichelli, 2023
AA.VV., Corso di diritto pubblico dell’economia, a cura di M. Pellegrini, Cedam, Padova, 2023 (with respect to the contents mentioned during the lessons)
It is strongly required to study given manual alongside the Constitution and the main legilslative texts, as they are mentioned in the textbook.
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 examination consists of an oral interview in which the student will have to demonstrate that he/she knows and understands the main topics of the modules of the teaching programme. The student must be able to analyse independently and critically the discipline and the institutes covered by the course, correctly using the legal vocabulary of the subject, demonstrating that he/she has achieved the necessary study method and learning ability to continue to study the subject independently. The student will have to demonstrate that he/she is able to reason, applying the institutes studied to practical cases brought to his/her attention by the teacher through the presentation of concrete examples. The following assessment criteria will be taken into account when awarding the grade in thirtieths:
1. Intermediate test by means of project work (20%): the student must analyse a legal fact and be able to apply the knowledge acquired during the course. The mid-term test will cover the topics dealt with up to one week before the mid-term, is not compulsory and the result obtained will be valid until the September call.
2. Final examination (80%): The final test will be oral and will be assessed as follows: o knowledge and understanding of the institutes and principles of the subject and ability to apply them to concrete cases (70%); o ownership of technical-legal vocabulary, ability to consult and evaluate relevant sources and acquisition of study method (30%).
3. Class participation (1-2 bonus points): these activities are intended to assess the ability to apply knowledge and autonomy of judgement.
Thesis assignment criteria
Motivational interview
Week 1 Contenuto sessioni on line e on campus
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.
Online
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 Contenuto sessioni on line e on campus
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.
online
The welfare State and its crisis; the administration between organisation and activity.
Week 3 Contenuto sessioni on line e on campus
on campus:
The italian Constitution.
Value, constituent power, classifications of constitutions.
The constitutional arrangements in Italy, the formal and material Italian Constitution.
online:
Principles on economic relations in the Italian Constitution and in the EU Treaty. The so-called Economic Constitution.
Week 4 Contenuto sessioni on line e on campus
on campus:
The Parliament, the Government and the President of the Republic: determination of the political direction; structure and functioning of constitutional bodies; legislative processes; the Parliament adn the European Union.
online
The constitutional basis of the administration.
Public policies and administrative functions. Public services
Week 5 Contenuto sessioni on line e on campus
Session n. 1 online
The system of sources law. Domestic sources and European law.
Session n. 2 on campus
Globalisation and new market regulation techniques.
Week 6 Contenuto sessioni on line e on campus
Session n. 1 online
Globalisation and new market regulation techniques.
Session n. 2 on campus
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 Contenuto sessioni on line e on campus
Session n. 1 online
From the Treaty of Maastricht to the Treaty of Lisbon. The SCG and ESM treaties. Parliaments and Governments in the "composite" Constitution of the EU.
Session n. 2 on campus
The relationship between politics and technique in the EU.
Week 8 Contenuto sessioni on line e on campus
Session n. 1 online
The economic and financial crisis and the new economic-financial governance.
Session n. 2 on campus
The BCE. European Union and monetary policy.
Week 9 Contenuto sessioni on line e on campus
Session n. 1 online
Public finance within the constitutional framework and regulatory interventions in the Eu.
Session n. 2 on campus
The law cost. n. 1/2012: the budget balance in the Constitution and the European constraints on public finance.
Week 10 Contenuto sessioni on line e on campus
Session n. 1 online
Public enterprises and privatisation in Italy. The protection of competition and the Agcm.
Session n. 2 on campus
The Independent Administrative Authorities. The Independent Administrative in times of crisis.
Week 11 Contenuto sessioni on line e on campus
Session n. 1 online
The financial market to understand the relationship between law and economy. The architecture of the financial order. UmE, SEVIF and UBE. The sustainable development.
Session n. 2 on campus
The stakeholders in financial market.
Week 12 Contenuto sessioni on line e on campus
End of the course