LAW AND DEVELOPMENT
Instructional goals
The course aims to foster an understanding of the main themes and phenomena addressed by economic law from the perspective of pursuing development and sustainability. It provides the notions and tools necessary for a legal and institutional framework, both in public and private law, while at the same time encouraging critical reflection and dialogue on the different regulatory and intervention techniques.
Intended learning outcomes
(A) Knowledge and understanding:
The course aims to provide students with foundational knowledge and to identify the main regulatory and institutional reference frameworks for the analysis of the topics under examination, related to the pursuit of development and sustainability, from both public and private law perspectives. At the same time, it fosters the development of interdisciplinary knowledge to support a deeper understanding of the relevant phenomena.
(B) Application of knowledge and understanding:
Students will be able to frame, from a legal perspective, national and supranational phenomena related to the pursuit of development and sustainability, relating them to the main regulatory frameworks and identifying the key critical issues associated with each topic.
(C) Making judgements (autonomy of judgement):
Independent reflection and critical debate will be continuously encouraged throughout the course, both through the presentation of course topics—which includes the illustration of different governance and regulatory techniques, as well as alternative legal and institutional solutions for pursuing development and sustainability—and through the dialogical structure of the classes, in which active student participation will be consistently promoted.
(D) Communication skills:
Students will be encouraged to participate actively during classes by asking questions and raising issues and persistent critical aspects related to the topics discussed. They will also be invited to present their ideas to an audience using appropriate technical and professional language, including through an intermediate assessment consisting of the critical discussion, in class, of one or more academic papers.
(E) Learning skills:
Students will be able to apply the knowledge and skills acquired and developed during the course by engaging with the resolution of practical cases, discussing the advantages and disadvantages of different possible solutions, and carrying out regulatory analyses and impact assessments.
Course Contents
The course offers a broad and integrated overview of the main topics of economic law, examined from the perspective of pursuing development and sustainability. Starting from the analysis of legal and institutional principles and frameworks, the course covers a wide range of issues, including economic regulation, public and private organizations, investments and finance, property, contracts, markets and infrastructure, energy and networks, innovation, and emerging legal frontiers. The phenomena under consideration are addressed by integrating both public‑law and private‑law perspectives, in a national, European, and supranational dimension, with particular attention to the balancing of interests, regulatory and policy intervention techniques, and the role of economic, institutional, and judicial actors in promoting sustainable development
Reference Books
Course materials consist of scholarly articles, essays, legislative texts, and judicial decisions, which will be indicated at the beginning of the course. The slides provided are an integral part of the examination syllabus.
Teaching Methods
The teaching methodology is based on an inquiry‑based approach, while at the same time aiming to provide students with the knowledge and tools necessary for understanding and framing the phenomena under examination. Through the analysis of scholarly articles, essays, legislative texts, and judicial decisions, a guided debate led by the instructor will be promoted, with the aim of identifying key issues and exploring possible solutions. Dedicated office hours will provide students with opportunities for individual discussion and in‑depth consultation on specific topics
Assessment Method
For students who comply with the attendance requirement, the final exam (whose grade counts for 2/3 of the final mark) consists of a written test based on one question chosen from two. In answering it, students must demonstrate knowledge and understanding of the main topics covered in the course modules, in light of what was explained during lectures.
For students who do not comply with the attendance requirement, the exam (which accounts for 100% of the final grade) consists of a written test in which they must answer two questions relating to the course syllabus, based on the compulsory teaching materials indicated on the My Luiss platform.
In all cases, the written exam will assess the ability to independently and critically analyse the legal discipline and the topics covered in the course, the correct use of the appropriate legal terminology, and the achievement of the study method and learning skills necessary to continue studying the subject independently.
For continuous assessment, attending students will take an intermediate written test on a topic covered in class, and the resulting grade will count for 1/3 of the final mark.
Thesis assignment criteria
The evaluation for the assignment of the final dissertation topic is based on a project proposal submitted by the student. The proposal (2–3 pages, Word format) must include:
– an outline/structure of the thesis;
– an abstract of the dissertation, including the research question, hypothesis, and methodology;
– the main bibliographical sources.
Week 1
Law and development: principles. Principles and the legal‑institutional architecture in international, supranational, and constitutional law. The balancing of potentially conflicting interests underlying public policies and decisions aimed at development. The actors involved in development policies at the national and supranational levels.
Week 2
Development and private organizations. Corporate law and development. SMEs, start‑ups, social enterprises, and Third Sector Organizations.
Week 3
Public organizations and planning. The law governing public organizations for development. Economic and industrial planning. Spatial and territorial planning. The siting and localization of public works and infrastructure of public and general interest.
Week 4
Investments for development. Public finance: investments, funding, and incentives. Structural funds. The financial system—objectives and challenges of financial regulation. Sustainability and development through the private financial system. Corporate governance rules and the promotion of sustainable development.
Week 5
Property and development. Property, assets, and development. Law and economics analysis of property regimes. Intellectual property and development.
Week 6
Public property and development. Public goods. Common goods and collective goods.
Week 7
Contracts and development. Contract law and development. EU contract law (from consumer protection to green contracts).
Week 8
Public contracts. Public procurement versus partnerships. Project finance. The principles of results and trust in public contracts regulation. Green procurement: contractual structures. Strategic procurement.
Week 9
Development and regulation. The history and forms of public intervention in the economy. Economic regulation: theories, variables, and strategies. Regulatory quality, legal certainty, and economic growth. Regulatory authorities and their powers (in particular, the Italian Competition Authority – AGCM, the Communications Authority – AGCOM, the Transport Regulation Authority – ART, and the Regulatory Authority for Energy, Networks and Environment – ARERA). Competition law and its relationship with development regulation
Week 10
Energy and networks. Energy transition and renewable energy facilities. Siting and permitting issues. Energy production and distribution between market protection and liberalization. Centralization versus decentralization: renewable energy communities.
Week 11
Frontiers and anticipatory use of law. Legal experimentalism, legal tech, legal design, and future‑proof regulation. Digital and open data. The space and underwater economy. Health and climate.
Week 12
Judges and development. Shadow libraries. Climate litigation.