Courses in English and other foreign languages

a.a. 2017/2018

 

Besides a wide range of courses in Italian .pdf, the Department of Law offers a number of courses in English.

Three introductory courses are open only to exchange students; their purpose is to provide foreign students the opportunity to familiarise with the basic features of the Italian legal order.

FIRST SEMESTERSECOND SEMESTER

 

* please note: attendance is strongly recommended for access to advanced courses in English – marked with [∆] – for students who do not have any previous knowledge of International or EU Law

Other courses, aimed at offering an in-depth knowledge of specific aspects of Italian, EU and International Law, are open both to exchange students and to those regularly enrolled in curricular studies at the Department.

FIRST SEMESTERSECOND SEMESTER

Kindly note that all Courses in English other than Introduction
to International and EU Law will begin on 9 October 2017 or later.
Starting dates of classes may vary from one course to another.
For further information visit: http://www.giuri.unife.it/it/stude/immatricolazioni-e-carriera/allegati-studenti/calendario-inizio-lezioni

Kindly note that all Courses in English other than Introduction
to EU Law will begin on 5 March 2017 or later.
Starting dates of classes may vary from one course to another.
For further information visit: http://www.giuri.unife.it/it/stude/immatricolazioni-e-carriera/allegati-studenti/calendario-inizio-lezioni

[∆] Please note: Incoming exchange students who do not have any previous knowledge of International Law or EU Law are strongly advised to attend Introduction to International and EU Law or Introduction to EU Law prior to courses marked with this symbol.

While there are no formal language requirements, an upper intermediate level in English (CEFRL level B2) is deemed appropriate.

 

NEW RULES FOR ITALIAN LANGUAGE COURSES - PLEASE READ WITH CARE!

 

  • International Mobility Coordinators:

Professor Serena Forlati - Professor Ciro Grandi

 

  • Introduction to Italian Private Law | 40 hours | 6 ECTS credits | 55544 - Alberto De Franceschi

The course provides an analysis of Italian Private Law, focusing on the law of contracts and obligations. Topics include: (i) the Italian legal system: the sources of Italian Private Law, the role of case law and legal scholarship; (ii) legal facts and acts: transactions, validity and effectiveness of legal acts; (iii) natural and legal persons; (iv) the concept of ‘thing’: relations among ‘things’, public and private ‘things’, movables and immovables; (v) protection of rights: public records, rules of evidence; (vi) prescription and limitation; (vii) ownership, property interests, possession; (viii) the law of obligations: sources of obligations, performance, non-performance, impossibility, manners of discharge other than performance, particular obligations, transfer of rights and obligations, securities; (ix) the law of contracts: the nature and definition of contracts, freedom of contract and its limits, the binding force of contracts, the elements of a contract, preliminary contracts, contracts transferring ownership or property interests, contracts and third persons, agency and representation, interpretation of contracts, validity of contracts, termination, rescission, particular types of contract; and (x) general principles of tort law.

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  • Introduction to International and EU Law | 40 hours | 6 ECTS credits | 62339 - Pietro Franzina

The first part of the course provides an introduction to public international law. Topics include: (i) the general features of the international legal order; (ii) the subjects of International Law; (iii) the sources of International Law; (iv) the relationship between international law and domestic legal systems; and (v) responsibility for internationally wrongful acts; (vi) the settlement of international disputes. The second part of the course gives an insight into the law of the European Union. The focus is on: (i) the institutional framework of the EU; (ii) the sources of EU Law; (iii) the competences of the EU; (iv) EU law and the internal law of Member States; and (v) the Court of Justice of the European Union. The course is intended for incoming exchange students who wish to attend courses in the field of International and European law but are not familiar with the basic issues that form the object of those areas of law.

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  • Introduction to EU Law | 40 hours | 6 ECTS credits | 62340 - Magdalena Elisabeth De Leeuw

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.

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  • Introduction au droit français | 40 hours | 6 ECTS credits | 59277 - Laurence Klesta

Le cours a pour objet de poser les bases et d’expliquer les notions fondamentales de la culture juridique française.

Il s’agit de découvrir la signification et la relativité du droit français en le situant par rapport à d’autres systèmes juridiques, en particulier italien, et en utilisant un langage approprié.

Le code civil sera l’objet d’une analyse particulière afin de cerner, dans le contexte européen, l’évolution du droit français à travers la récente réforme du droit des obligations.

Le cours sera articulé en trois parties et chacune d’entre elles sera l’objet de « travaux dirigés » : le cas pratique, le commentaire d’arrêt et la dissertation.

Les fondements du droit (sources, caractéristiques, distinction entre droit objectif et droits subjectifs)

  1. La réalisation du droit (application et interprétation)
  2. La mise à jour du droit (le code civil de 1804 à 2016)

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  • Private International Law | 40 hours | 6 ECTS credits | 52860 - Pietro Franzina

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 raison d’être of private international law, its language and theory; (ii) adjudicatory jurisdiction; (iii) the law applicable to cross-border legal relationships; (iv) recognition and enforcement of foreign judgments; and (v) international judicial assistance.

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  • International Trade Law | 40 hours | 6 ECTS credits | 55538 - Magdalena Elisabeth De Leeuw

The first 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 sales contract. Topics include: the 1980 UN Convention on contracts for the international sale of goods and the Unidroit Principles of international commercial contracts; standard trade terms (Incoterms); transportation, including the Hague-Visby Rules and the Convention for the international carriage of goods by road (CMR); payment mechanisms and insurance coverage. Attention shall furthermore be paid to dispute settlement including conflict of laws, arbitration and mediation. The second part of the course will briefly 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 and the basic features of the EU Custom Union.

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  • International Human Rights | 40 hours | 6 ECTS credits | 44236 - Serena Forlati

The institutional part of the course will address the general framework of human rights protection in international law: (i) the origins of international human rights protection; (ii) 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; (iii) 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 (iv) 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.

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  • Legal English | 50 hours | 6 ECTS credits | 013934 - Danila Patricia Fiordelmondo

The course aims to provide an introduction to the use of English as a legal language in national and international legal contexts, while developing a range of language skills, both written and oral/aural at intermediate level, including a strong focus on vocabulary skills and English legal terminology. Variations in legal English in different national contexts and in international and European Union law are introduced. Lessons are based on consultation of a range of original texts in English from both national (common law) and international legal orders, with particular emphasis on sources of law (constitutions, legislation, treaties), terminology and legal culture; a systematic approach to learning legal terminology and appropriate legal expression is an integral part of the learning process. The following topics are covered: (i) English in legal contexts; (ii) the language of a legal system (focus on the UK constitution); (iii) the European dimension and human rights (focus on international treaty law, the European Union, the European Convention on Human Rights); and (iv) the language of criminal law and human rights.

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  • European Contract Law | 40 hours | 6 ECTS credits | 59236 - Alberto De Franceschi

The course aims to provide a systematic analysis of European Contract Law, from its roots up to the latest developments. The first part of the course will deal with the sources and principles of European Contract Law and with the relationships between EU Law and the legislation of EU Member States, the focus being on harmonisation of national laws with a particular attention to business-to-consumer directives and their implementation in the Member States. The second part of the course will address specific issues relating to the formation of the contract and its effects, namely unfair commercial practices in business-to-consumer contracts and misleading advertising in business-to-business contracts, distance contracts, unfair terms, sale of goods, liability for defective goods, late payments, overbooking and passenger air services. In this context, special attention will be paid to contracts concluded by electronic means as well as to the sale of digital contents both in business-to-consumer and in business-to-business relationships.

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  • International Regulation of Intellectual Property | 40 hours | 6 ECTS credits | 64476 - Michael Blakeney

The students will gain comprehensive knowledge of international intellectual property law which has important implications for food security, access to medicine, agricultural innovations, marketing and branding and the regulation of digital creations and enforcement against counterfeiting and piracy. Students will evaluate key substantive and procedural issues concerning the settlement of intellectual property disputes within the World Trade Organization (WTO) and assess the operation of, and interrelationship between the primary international intellectual property institutions of the WTO and the World Intellectual Property Organization (WIPO). The students will learn to critically assess recent developments in this field, through case studies. The following topics will be addressed: (i) the international intellectual property landscape; (ii) patents and biotechnological innovation; (iii) trademarks and geographical indications; (iv)copyright and neighbouring rights; (v) protection of traditional knowledge and traditional cultural expressions; (vi) dispute settlement within the WTO; (vii) commercialisation of intellectual property rights;  and (ix) civil, criminal and administrative enforcement of intellectual property rights.

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  • Operating Law in a global context | 40 hours | 6 ECTS credits | 64477 - Bergè Jean Sylvestre Michel
    • Letizia Gianformaggio Chair 2017/2018

The operation of law, in the variety of global legal situations, has a specific dynamism. In a single situation, several laws must sometimes be mobilised, alternatively, cumulatively, at the same time or at different moments, in one or several spaces, by one or by multiple actors.

This distinctive dynamic, which the lawyer must be conscious of when passing from one context – national, international or regional – to another, has an influence over the law, its uses and, sometimes, its content.This lecture is a general presentation of a three steps method: comparison, combination and prioritization of the Law in a global context. It conveys how the law is operated through a range of situations and concrete examples cutting across domains, including criminal law, contract law, fundamental rights, internal market, international trade, procedure. The Lecture is aimed at an comparative, international and European perspective. Illustrations of how lawyers have to combine different contexts are taken in various domestic case law including the UK, Germany, Belgium, Italy, Spain, the US, as well as France. Previous knowledge of International (public and private) Law - European (EU - ECHR) Law - Comparative Law is required.

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  • European Company Law | 40 hours | 6 ECTS credits | 55539 - Magdalena Elisabeth De Leeuw

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, private and public companies) and the main differences between those forms 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, (cross-border) mergers, takeovers, 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 governance, the proposal for a Directive on cross-border transfer of the registered office, and the development of groups of companies.

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  • International Taxation Law | 40 hours | 6 ECTS credits | 55540 - Marco Greggi

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 related 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, the possible advantages determined by their actual implementation and eventually their compatibility with the OECD inspired BEPS project (Base Erosion and Profit Shifting). This will lead to further inquiries on tax avoidance and evasion 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.

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  • Advanced Legal English | 50 hours | 6 ECTS credits | 55793 - Alison Riley

The course aims to develop competence in legal English to an advanced level in the full range of language skills, both written and oral/aural and to familiarise course members from civil law countries with the workings of a common law legal system, through the practical development of both language and legal skills. Awareness will be developed of variations in legal English in different national contexts and in international and European Union law. Interactive lessons are based on consultation and discussion of a wide variety of original legal texts in English from both national and international legal orders, with particular emphasis on sources of law (legislation, case law, treaties); a systematic approach to learning legal terminology and appropriate legal expression is an integral part of the learning process. The following topics are covered: (i) sources of English law and the British constitution, constitutional profiles of European Union law and Brexit; (ii) human rights protection in the common law and the European Convention on Human Rights, with case studies in freedom of religion and freedom of expression; (iii) common law method and the language of civil law and proceedings, with in-depth terminology focus on the law of torts; and (iv) EU law and language with special reference to proceedings before the Court of Justice. Specialised terminology work in other branches of law may be inserted on request.

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  • European Labour Law | 40 hours | 6 ECTS credits | 55541 - Silvia Borelli

The course will deal with the following topics: (i) geo-political history of Europe after World War II; (ii) evolution of the Treaties until the Treaty of Lisbon and the present situation; (iii) the present financial crisis and its threats to the Union; (iv) the social dimension of the European Union; (v) the Charters of Fundamental Rights; (vi) the Court of Justice, the European Court of Human Rights and the European Committee for Social Rights; (vii) the role of Social Dialogue and collective agreements; (viii) freedom of movement of workers and citizens, freedom to provide services and freedom of establishment; (ix) transnational collective agreements; (x) information, consultation and workers participation; (xi) crisis of the undertaking (insolvency of employer; transfers of undertakings; collective redundancies); (xii) health and safety at work; (xiii) working time; (xiv) the principles of equality and non-discrimination; and (xv) atypical workers.

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  • Legal Spanish | 40 hours | 6 ECTS credits | 54588 - Moreno Pablo Andres Bernardo

The main objective of the course is to achieve an adequate competency level in legal Spanish so as to be able to develop a coherent, logical, accurate and appropriate to specific Spanish legal terminology, spoken discourse; to be able to look up and comment legal texts in Spanish and to be able to discuss legal topics. Learning Spanish cultural legal concepts, through texts and the latest key legislation, also forms part of the course objectives. Constitutional, Civil, Criminal and Procedural Law will be studied. Lessons will be held entirely in Spanish.

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  • European Criminal Law | 40 hours | 6 ECTS credits | 55542 - Ciro Grandi

The institutional part of the course will focus on: (i) the lack of competence in criminal matters of European institutions under the founding Treaties; (ii) nullum crimen sine lege and European law; (iii) the impact of human rights on the development of a European criminal law; (iv) the European administrative sanctions; (v) the influence of EU regulations and directives on national criminal law: the disapplication of national law; the harmonisation of national criminal law under the principle of loyal cooperation; the duty of consistent interpretation; (vi) the development of a European criminal policy under the Treaties of Maastricht and Amsterdam; (vii) the attribution to the EC of a criminal law competence under the case-law of the Court of Justice; and (viii) the Treaty of Lisbon: the attribution of (indirect) competence in criminal matters to the EU. A special part of the course will focus on the European Arrest Warrant and EU directives in criminal matters before and after the Treaty of Lisbon.

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  • International Institutional Law | 40 hours | 6 ECTS credits | 55537 - Alessandra Annoni

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) the responsibility for internationally wrongful acts of international organisations; (ix) the settlement of disputes.

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  • World trade Law | 40 hours | 6 ECTS credits | 64478 - Holger Hestermeyer
  • Letizia Gianformaggio Chair 2017/2018

Our economic reality has changed significantly over the last 50 years. Today, a car "made in the UK" on average has 41% of UK content, a T-shirt may have travelled through 6 countries in its production process and an apple served on an intra-Chilean flight may have been grown in Greece, cut into pieces in the Philippines and sold to the Chilean airline by a California-based company. One of the main drivers of our globalized economy is trade. In this course you will learn the basics of how international trade is regulated. Its main focus will be the law of the World Trade Organization, covering (i) the international organization itself (ii) dispute settlement (iii) tariffs, quotas and how they operate (iv) the basic rules of the General Agreement on Tariffs and Trade (v) technical barriers to trade and sanitary and phytosanitary measures (vi) intellectual property and (vii) trade in services. But the course will also cover the basics of preferential trade agreements, the EU's role in trade and Brexit. Students are expected to participate and be (in principle) willing to present in class,

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