LEGAL SYSTEM IN THE DIGITAL AGE

Giuseppe Pinelli

Obiettivi formativi

The course offers an introduction to the European and Italian legal systems, with special regard to private law issues in the particular perspective of the new dimensions created by information technology. It aims to allow students to become familiar with the fundamental categories and principles of the said area of law, developing at the same time a proper knowledge of legal terminology, so as to enable participants to cope with an international business context.

Prerequisiti

None

Risultati di apprendimento attesi

Knowledge and understanding: The student - by participating in the lectures and discussions with the other students and the professor or invited speakers- will have developed the ability to understand the legal framework of the digital environment acquiring the basic necessary legal tools to operate as active player in digital market. At the end of the course there will be a written test to evaluate the ability to connect the different theoretic notions with practical situations. Applying knowledge and understanding: The student - acquiring the correct tools and method - will be able to interpret and apply the rules of law to concrete cases and be able to have a critic approach to the different perspective of the digital environment. Making judgements: The student, through the use of the methodologies acquired during the course, will have acquired problem analysis skills and the ability to identify the information necessary to build a critical approach to the topics analyzed. Specifically, critical thinking, problem solving, self-management will be adequately developed, which enhance and make the disciplinary skills more usable. Communication skills: At the end of the course the student will be able to use the business and technical vocabulary of legal sector, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion, moot courts, workshops – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career. Learning skills: The technical-legal knowledge acquired during the course will allow the student to autonomously understand and interpret law techniques and adapt them to the specific reference context. The student will develop a solid knowledge of the fundamental aspects of the subject that will allow him to continue to deepen the topics addressed independently and to undertake the various post-graduate professional training courses on legal field.

Contenuti Del Corso

Introduction to Law Constitutional and EU Law Contract law Private International law (basics) Corporate law (basics) Cyberlaw, Digital rights

Testi Di Riferimento

1) G. Iudica e P. Zatti, Language and Rules of Italian Private Law: An Introduction, latest ed., Cedam. 2) J.S. Lena and U. Mattei (eds.), Introduction to Italian Law, Kluwer, 2002. 3) reading materials and slides provided online

Metodologie Didattiche

- Traditional Lectures; - Cases Studies

Modalità di verifica dell'apprendimento

The student will be evaluated on the basis of the individual scores achieved on a written test which consists of open-ended questions with which the student have to demonstrate knowledge of the theoretical notions of teaching, knowing how to apply them in practical cases demonstrating that he has achieved the method of study and the learning ability necessary to continue the study of the subject autonomously. The failure to achieve at least the score of 18/30 will result in failure to pass the exam. Correct and an excellent level of preparation in all open questions will result in a score of 30/30 cum laude.

Criteri per l’assegnazione dell’elaborato finale

none

Il syllabus affronta temi collegati alla sostenibilità?

NO

Settimana 1

-Presentation of the teachers -Introduction to the course 1. Overview over the study program 2. The teaching method and materials for students -Notion of legal system -Notion of legal rule and legal effect -Theories over the law from Santi Romano to Hans Kelsen -Overview over the Italian legal system 1. The Italian sources of law 2. The Constitution 2.1. Types of Constitutions and public comparative law 2.2. Constitutions in the digital era 3. Ordinary law 4. Law-decrees and legislative delegated decrees 5. Regional law 6. Regulation and customs -The Italian legal system in the digital age: future perspectives and challenges Reading Material: Textbook, Articles and Slides available online –

Settimana 2

-The Parliament -The Italian law-making process Direct democracy tools: the referendum to repeal 1. Pros and cons of other direct democracy tools in the digital age The Constitutional Court 1. The power of constitutional reviews of laws -Other constitutional bodies -The President of the Republic -The Government -Judges and Courts in the digital age Reading Material: Textbook, Articles and Slides available online –

Settimana 3

-The European Union law -The European Union law sources: regulations, directive and decisions International law sources 1.The role of customs 2.The role of general principles 3.Focus: UNIDROIT principles and the lex mercatoria -Elements of private international law Conflicts of law 1.National jurisdictional rules for cross-border disputes -The discipline of trust 1. Focus: the 1985 Convention on trusts Reading Material: Textbook, Articles and Slides available online

Settimana 4

-The structure of the Italian Civil Code Natural and juridical person 1. Examples of juridical person Juridical capacity and capacity to act Legal acts: notion, forms and effectiveness The right of ownership 1.Historical considerations 2.Definition and discipline 3.Other rights over things (diritti reali) 4.Intellectual property: notion, discipline and legal framework 5.IP rights and their protection: copyright, patent, trademark and trade secret 6.I.P. protection in the digital age Reading Material: Textbook, Articles and Slides available online –

Settimana 5

-Notion of obligations Sources of obligations 1.Contractual obligations 2.Main features regarding contractual obligations 3.Notion and types of contracts 4.International contracts 5.Focus: applicable law to international contracts -Legal liability -Contractual liability 1.The contractual liability regime -Non-contractual liability 1.The non-contractual liability regime -The strict liability 1.Focus: A.I. and liability for acts committed by artificial intelligences Reading Material: Textbook, Articles and Slides available online –

Settimana 6

-Corporate law 1.Notion of corporate law 2.Main features regarding corporate law 3.The Italian legal framework 4.Types of companies 5.Shareholders’ agreements (patti parasociali) -Start-ups 1.Notion of start-up 2.Start-ups requirements and regulation -International commerce 1.E-commerce 2.Regulation and applicable law to on-line trading operations 3.E-commerce law cases Reading Material: Articles and Slides available online –

Settimana 7

-Smart contracts 1.Notion 2.Types of smart contracts 3.Regulation -Blockchain 1.Definition and characteristic elements of the blockchain technology 2.Blockchain operating mode and application fields 3.Further developments and future perspectives 4.Blockchain law cases -Cryptocurrencies 1.Notion of cryptocurrencies 2.Regulation of the cryptocurrencies market 3.The impact of cryptocurrencies on international trades Reading Material: Articles and Slides available online –

Settimana 8

-Notion of personal data -The right to protection of personal data -The EU law protection for personal data and privacy 1.The EU Regulation n. 679 of 2016 (new GDPR) 2.The transposition of the new GDPR within the Italian legal system -Principles regulating the processing and storage of personal data 1. Necessity and proportionality 2. Objectivity and general interest 3. Fairness and transparency 4. Personal consent 5. Fair processing and purpose limitation 6. Data accuracy, storage limitation and data security 7. Accountability Reading Material: Articles and Slides available online –

Settimana 9

-Digital age and digital rights -Notion, main characteristics and types of digital rights -Digital rights within the Constitution -Applicable law and jurisdiction to digital rights -Enforcement and future development of digital rights Reading Material: Articles and Slides available online –

Settimana 10

-Notion of big data -Characteristic elements of big data 1.Volume 2.Variety 3.Velocity 4.Algorithms -Big data processing and algorithms Reading Material: Articles and Slides available online –

Settimana 11

-Big data collection and other rights and freedoms involved 1.The right to be forgotten 2.The freedom of expression -Big data collection and their influence on consumers’ choices -Big data collection and their influence on the democratic system -Case law: Facebook case of 2018 Reading Material: Articles and Slides available online –

Settimana 12

-Ciberlaw: notion and characteristic elements -Topical issues in relation to the law of Internet -Examining the issues relating to network regulation or control -Ciberlaw within the Italian Civil Code -Ciberlaw within the Italian Criminal Code Reading Material: Articles and Slides available online –