Law courses in English - full list

Please note : incoming exchange students at the Department of Law are required to complete the International and EU Law - Self-assessment Test that can be found at the following link: https://goo.gl/forms/rbuR62cFWAmC3U2L2 . Those who score less than 22/30 on this test are strongly encouraged to attend either the intensive course on Introduction to International and EU Law (17 September-5 October 2018) or the intensive course on Introduction to EU Law (4-22 February 2018) prior to any of the advanced courses in English (marked with the symbol *).

First Semester

Food, Biotechnology and Agriculture*

The course is in the form of an intensive seminar. It will run between October 22 and 15 November. Students passing the final exam will be awarded 6 ECTS - More information

Michael Blakeney

International Human Rights *

40 hours | 6 ECTS credits | 44236

Serena Forlati

International Trade Law *

40 hours | 6 ECTS credits | 55538

Magdalena Elisabeth de Leeuw

Introduction to International and EU Law (pre-semester intensive course)

40 hours | 6 ECTS credits | 62339

Pietro Franzina

Private International Law *

40 hours | 6 ECTS credits | 52860

Pietro Franzina

 

Second Semester

European Company Law *

40 hours | 6 ECTS credits | 55539

Magdalena Elisabeth de Leeuw

European Criminal Law

40 hours | 6 ECTS credits | 55542

Ciro Grandi

European Labour Law *

40 hours | 6 ECTS credits | 55541

Silvia Borelli

International Institutional Law *

40 hours | 6 ECTS credits | 55537

Alessandra Annoni

International Taxation Law *

Marco Greggi 40 hours | 6 ECTS credits | 55540

Marco Greggi

Introduction to EU Law

40 hours | 6 ECTS credits | 62340

Magdalena Elisabeth De Leeuw

Sentencing: Law, Policy and Practice in Common Law Jurisdictions

40 hours | 6 ECTS credits | 67477

Julian Roberts

First Semester

Food, Biotechnology and Agriculture*

Michael Blakeney

This course covers three inter-related topics: food regulation, biotechnology and agriculture. The course will provide a detailed examination of the application of EU food laws and standards dealing with: food safety and food hygiene; hazards, warning systems and crisis management; food labeling; genetically modified foods; the roles played by organisations such as Codex Alimentarius, WHO, WTO, The European Commission and consumer protection authorities.

This course will also focus upon the intellectual property aspects of agri-biotechnology, including: patenting, plant variety rights protection, trade secrets law and geographical indications

Finally, the course will examine those WTO Agreements which have a bearing on food regulation and biotechnology, including the Agreement on Agriculture and the Agreement on Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade. Additionally, the course will examine international attempts to protect plant genetic resources for food and agriculture.

 

International Human Rights *

Serena Forlati 40 hours | 6 ECTS credits | 44236

The institutional part of the course will address the general framework of human rights protection in international law: (i) “actors” and sources of international human rights law; (ii) the origins of international human rights protection; (iii) the United Nations Charter and the Universal Declaration of Human Rights; human rights treaties: specifically, the 1966 UN Covenants and the European Convention on Human Rights; rules of customary international law; (iv) monitoring compliance with international human rights obligations: UN Charter-based and treaty- based bodies; the role of international tribunals: specifically, the European Court of Human Rights; and (v) the effects of human rights treaties in the Italian legal order. The second part of the course will focus on the relationship between the fight against organised crime and the protection of fundamental human rights. The latter topic will also be addressed in the context of inter-disciplinary seminars organised by Ma.Cr.O. – Inter-Disciplinary Research Centre on Mafia and other forms of Organised Crime.

 

International Trade Law *

Magdalena Elisabeth de Leeuw 40 hours | 6 ECTS credits | 55538

The first and main part of the course will deal with cross-border private transactions, focusing on the international sales of goods and on the various relations that arise as a result of a sale contract. Topics include among others the UN Convention on the International Sales of Goods 1980 and the UNIDROIT Principles of International Commercial Contracts; INCOTERMS 2010 (standard trade terms); International transportation of cargo by sea and road, including the Hague-Visby Rules and Rotterdam Rules and the Convention on the International Carriage of Goods by Road (‘CMR’). Insurance of goods during their transit from the exporting to the importing country is an important aspect of an international sales transaction. The focus of the discussion is on marine insurance contracts, since much of the cargo is still done by sea. Attention shall furthermore be paid to dispute resolution, the applicable law, arbitration and mediation. The second part of the course will address the regulatory relationship between State actors and traders, analysing in particular the rules laid down in WTO agreements, with regard, inter alia, to tariffs and duties, subsidies and countervailing measures. At the end of the course students will have a clear overview of the complexities of an international sale transaction through the analysis of international conventions and rules, legislation and case law.

 

Introduction to International and EU Law (pre-semester intensive course)

Pietro Franzina 40 hours | 6 ECTS credits | 62339

The first part of the course will provide an introduction to Public International Law, focusing on: (i) the general features of the international legal order; (ii) the subjects of International Law; (iii) the sources of International Law; (iv) the relation of International Law and Domestic Law; (v) the responsibility for internationally wrongful acts; (vi) the settlement of international disputes. The second part of the course will give students an insight into the law of the European Union, focusing on: (i) the history of the EU; (ii) the institutional framework; (iii) the sources of EU Law; (iv) the competences of the EU; (v) EU Law and Domestic Law; (vi) the Court of Justice of the European Union. The course aims at meeting the needs of incoming exchange students that would like to follow courses in the fields of International and European law but lack sufficient knowledge in those areas.

 

Private International Law *

Pietro Franzina 40 hours | 6 ECTS credits | 52860

Legal relationships within the area of private law may feature connections with two or more countries, thereby displaying an international character. Private international law deals with these cases. Its purpose is to address the challenges posed by legal diversity, so as to provide certainty and ensure the cross-border continuity of the rights of those involved. The course examines the theoretical framework of private international law and analyses a selection of private international law rules. The focus is on the rules enacted by the EU as regards contracts, torts, divorce and parental responsibility. Topics include: (i) the object and fuction of private international law; (ii) adjudicatory jurisdiction; (iii) the law applicable to cross-border legal relationships; (iv) recognition and enforcement of foreign judgments; and (v) international judicial assistance. 

 

Second Semester

European Company Law *

Magdalena Elisabeth de Leeuw 40 hours | 6 ECTS credits | 55539

The course aims to provide students with a detailed knowledge of the legal measures adopted in this field of law by the European institutions. As an introduction, attention shall be paid to the general characteristics of business organisations (e.g. partnerships, public companies and private companies) and the main differences between those organisations in Europe. The following issues will then be examined: (i) the case-law of the Court of Justice on the right of establishment for companies and legal entities; (ii) the EU’s harmonisation programme, with a  discussion of the relevant directives (on disclosure, capital, mergers, cross-border mergers, annual accounts etc.); and (iii) the creation of EU business organisations including the European Company and the European Cooperative Society. The course will also place specific emphasis on current issues such as corporate mobility for national companies and the development of groups of companies.

 

European Criminal Law

Ciro Grandi 40 hours | 6 ECTS credits | 55542

The first part of the course will address the impact of the European Convention on Human Rights on national criminal laws, with a focus on the prohibition of torture and inhuman or degrading treatment or punishment (art. 3 ECHR) and on the principle of legality (art. 7 ECHR). The second part of the course will address the development of a European criminal policy and the interplays between EU law and national criminal law, with a focus on: (i) the lack of competence in criminal matters of European institutions under the founding Treaties; (ii) the harmonization of sanctions in the European legal system; (iii) the European administrative sanctions; (iv) the EU third pillar under the Treaties of Maastricht and Amsterdam; (iv) the Area of Freedom Security and Justice under the Treaty of Lisbon; (v) the European Arrest Warrant; (iv) the role of fundamental rights in EU criminal law.

 

European Labour Law *

Silvia Borelli 40 hours | 6 ECTS credits | 55541

The course aims at providing knowledge about labour law issues in the European integration process. In the first part of the course, the social rules of the EU Treaties and the EU social policies are presented. The origin and the evolution of the European social dialogue and the European and transnational collective bargaining are as well illustrated. The second part of the course deals with the harmonisation of national labour regulations or transnational labour law. During each academic year, the course deepens one of the two topics. The harmonisation of national labour law focuses on: health and safety at work; working time regulations; antidiscrimination law; non-standard workers; redundancies; transfer of undertaking; employer’s insolvency; right to information and consultation. Transnational labour law focuses on: free movement of citizens and workers; freedom of establishment and freedom to provide services and their effects on labour law (posting of workers, limits to the right to strike, the application of collective agreements); transnational collective agreements; right to information and participation in European undertakings and groups of undertakings. During the lessons, the main ECJ, ECtHR and ECSR decisions are discussed and some European and transnational collective agreements are analysed.

 

International Institutional Law *

Alessandra Annoni 40 hours | 6 ECTS credits | 55537

International organisations play an increasingly important role in the development of the international legal order and in the enforcement of its rules. The course aims to provide a critical insight on the structure and operation of international organisations, as well as on their contribution to today’s international law. While some basic issues are common to the majority of international organisations, the course will focus on a limited number of international organisations and will examine their features from a comparative perspective. Reference will be made, in particular, to the United Nations, the European Union and the Council of Europe. The course will concentrate on the following topics: (i) the purpose and nature of international organisations; (ii) the set up, dissolution and succession of international organisations; (iii) the issue of membership; (iv) the powers of international organisations; (v) their privileges and immunities; (vi) their institutional structure; (vii) their legal order; (viii) their external relations; (ix) the responsibility for
internationally wrongful acts of international organisations.

 

International Taxation Law *

Marco Greggi 40 hours | 6 ECTS credits | 55540

The course is divided into two parts. The first part addresses the main theoretical aspects of international taxation, including the legitimation to tax by a sovereign State, the (possible) self-restraint in the exercise of this power in order to prevent international double taxation, the source and residence rules applicable to cross-border situations. The second part focuses on the OECD and UN Model Conventions. These will be analysed following an article-by-article approach, with emphasis on specific provisions, such as those relating to the concept of permanent establishment, the residence (and domicile) for tax purposes and the notion of passive income. In this respect, the course will also deal with the ways and means to prevent double taxation, including the use of tax credit or the exemption mechanism. Eventually, basic tax planning schemes will be introduced to students, using the Italian legal system as a benchmark to assess their feasibility and the possible advantages determined by their actual implementation. This will lead to the addressing of tax avoidance and evasion issues together with the principle of “abuse of law” which is extensively used by the Italian and European judiciary to solve intricate cases of tax avoidance.

 

Introduction to EU Law (pre-semester intensive course)

Magdalena Elisabeth De Leeuw 40 hours | 6 ECTS credits | 62340

The course gives students an insight into the law of the European Union. The European Union is an international organisation (sui-generis) with its own legal order, which is separate from International Law and forms an integral part of the legal systems of the Member States. To fully understand its specific characteristics, it is necessary to look first briefly at the basic features of Public International Law; e.g. subjects, sources and the relationship between international law and national law. The course is divided into two parts. The constitutional and institutional part address the following topics: (i) the creation and development of the EU; (ii) its institutional structure and functioning; (iii) competences; (iv) decision- making; (v) the sources of EU law; (vi) direct effect and supremacy; (vii) the judicial system and enforcement of EU law. The substantive part of the course analyses in particular the internal market and harmonisation, the four fundamental freedoms and the area of freedom, security and justice. The analysis of the relevant case law of the European Court of Justice is an intrinsic part of the course. The course aims at meeting the needs of incoming exchange students that would like to follow courses in the fields of International and European law but lack sufficient knowledge in those areas.

 

Sentencing: Law, Policy and Practice in Common Law Jurisdictions

Julian Roberts 40 hours | 6 ECTS credits | 67477

Sentencing lies at the heart of the criminal justice system. The decisions of judges attract considerable public interest and the sentencing process has become considerably politicized in recent years. This is true in the U.S., the U.K., as well as other common law jurisdictions. In this seminar we shall explore the sentencing process beginning with the most basic question: Why Punish? Many justifications have been offered for the imposition of legal punishments, and multiple sentencing objectives have recently been placed on a statutory footing in a number of common law jurisdictions. The focus is on common law, adversarial sentencing but we shall also consider the differences between common and civil law sentencing procedures. Throughout this seminar we shall explore a number of key policy issues, the most important of which pertains to the structuring of discretion at sentencing. We shall also attempt to place penal policy developments in an international context since the problems confronting the sentencing process also exist in other countries. This seminar begins by noting some important procedural differences between common and civil law jurisdictions at sentencing. Thereafter we concentrate on sentencing in the common law world, drawing upon examples from the US, England and Wales, Canada and Australia/ New Zealand.