BUSINESS COMPLIANCE AND ETHICS

Provide students with a comprehensive interdisciplinary overview of criminal compliance and business ethics, by focusing, on the one hand, on the importance of crime prevention activities and compliance programs in the corporate context and, on the other hand, on their underlying critical and theoretical issues. The first strand of the course, focused on corporate compliance and corporate criminal liability, aims at providing students with basic knowledge of compliance and internal corporate controls, analyzing their role and function within the corporate organization. Attention will be paid to corporate criminal liability models and, in particular, to the Italian regulatory framework (Legislative Decree No. 231/2001). The second strand of the course is dedicated to business ethics, with a focus on moral dilemmas generated by complex economic activities, the relationship between ethics and corporate governance, and key critical theories that question the instrumental use of ethics in managerial discourse. The goal is also to provide students with an understanding of the impact of business activities on society in an increasingly globalized world, from both legal and ethical perspectives, and to train professionals capable of meeting the challenges posed by an increasingly complex regulatory framework.

The course will provide students with the basic knowledge necessary to fully understand the subjects addressed. It may be useful, although not mandatory, to have a basic knowledge of criminal law and of the main theories of applied ethics, business ethics, and contemporary critical thought on the role of business in society.

Knowledge and understanding: Students will acquire a basic understanding of compliance as a corporate function, as well as of the rules governing corporate criminal liability and criminal compliance activities. They will also be expected to critically reflect on the ethical foundations and political implications of corporate compliance systems, drawing connections between legal rules and broader questions of responsibility and power. Such knowledge will be assessed through participation in class discussions, practical activities and a final oral examination on the topics covered in the course. Applying knowledge and understanding: By attending the course, students will be able to apply the fundamental notions of corporate criminal liability and criminal compliance, including to the resolution of practical cases. They will acquire the basic knowledge necessary to enter the job market as legal professionals or corporate advisers, capable of designing and managing a criminal compliance or internal control system and of understanding the relevant compliance regulations. Students will also be expected to critically assess the value frameworks underlying compliance programs and to engage with case studies in which tensions arise between legal rules, ethics and organizational practices. They will also be able to connect the notions learned during the course with those relating to other academic fields, such as management and legal informatics. These skills will be assessed through participation in class discussions, practical activities and the final oral examination. Making judgments: By applying appropriate study and research methodologies acquired during the course, students will be able to collect data and materials in order to analyze relevant legislation, case law and legal scholarship. They will also be able to address issues concerning business compliance and ethics, identifying the various risks to which a company may be exposed and the related legal consequences. Students will develop the ability to assess such data and materials independently and to formulate their own critical judgments on the application to concrete cases of the fundamental principles and categories of criminal law and ethical-economic reflection, with particular attention to the global, environmental and intergenerational dimensions of corporate responsibility. Communication skills: At the end of the course, students will be able to use the appropriate technical and legal vocabulary, discussing the issues submitted to their attention with fluency and terminological precision. They will be able to apply these communication skills in different contexts and will develop argumentative and rhetorical abilities, as well as the capacity to adapt their language to the context and the relevant interlocutor. Learning skills: The knowledge acquired during the course will enable students to understand and interpret regulatory changes independently. It will also provide them with a solid interdisciplinary background suitable for pursuing different postgraduate specializations.

Course presentation. Introduction to key concepts: compliance and criminal compliance, CSR, due diligence. Compliance obligations and enforcement mechanisms. Criminal compliance and corporate criminal liability in the global context. Criminal compliance and corporate criminal liability in the Italian legal system: Legislative Decree No. 231/2001. Role and functions of compliance programs. Incentives for corporate cooperation and negotiated justice. Ethics of work and automation. Environmental and intergenerational ethics. Ethics in financial markets. Ethics of social impact.

Gli studenti potranno prepararsi all’esame studiando i testi di riferimento e i materiali indicati sulla piattaforma Luiss Learn. Le informazioni relative ai libri e ai materiali di riferimento saranno rese disponibili prima dell’inizio del corso.

Teaching methods: lectures, class discussions, practical workshops and presentations.

Assessment. The final exam consists of an oral interview in which students will be required to demonstrate that they have achieved the expected learning outcomes, with particular regard to the relevant areas of criminal law and ethics/critical thinking included in the course programme. Students will also be expected to use appropriate legal terminology and to demonstrate the ability to independently analyse relevant legislation and case law, thereby developing autonomous study skills. The final grade will be awarded on a thirty-point scale and will take into account the following criteria: attendance and participation in class discussions and practical activities, appropriate use of technical and legal terminology, and the ability to independently evaluate and analyse relevant sources (30%); final oral examination on the course contents (70%). Significant gaps in the understanding of one or more concepts or principles will result in an insufficient grade, even where the student demonstrates a basic knowledge of the subject. Non-attending students will be required to submit a written paper and take a final oral examination on the course topics. The final grade will be determined on the basis of both the written paper and the oral examination.

Criteria for thesis supervision: demonstrated interest in the course; good participation and performance in group work; good results in the course assessment. Students interested in choosing this subject area for their final thesis will be required to submit a short abstract outlining their proposed topic.