Teaching code

4S002931

Teacher

Sergio Moro

Coordinatore

Sergio Moro

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/10 - ADMINISTRATIVE LAW

Period

II semestre (Lingue e letterature straniere) dal Feb 14, 2022 al May 28, 2022.

Lessons timetable Moodle Seminars

Learning outcomes

The course aims to provide the students without basic legal skills, with fundamental knowledge of media and information law, including the structure and functions of the public bodies involved in the sector regulation. Furthermore, the course will provide basic notions of copyright law. At the end of the course students will be able to understand the main legal aspects of information and media sectors and their institutional actors. Students will also be able to understand the basic legal mechanisms underlying copyright law, with special attention to publishing

Program

TABLE OF CONTENTS
PART I
I. Elements of the legal system

II. Norm creation
II.1 Introduction
II.2 The concept of law endorsed on this course.
II.3. Sources of law: theoretical-general concept
II.4. Sources of law: structure
II.5. Legal norms and legislative provisions.
II.6 Approaches to interpretation provided for under Article 12 of the Provisions on the Law in General [preleggi] contained in the Civil Code: framing the issue
II.7. Continued: literal interpretation (Article 12(2))
II.8. Continued: teleological interpretation (Article 12(1))
II.9 Analogies (Article 12(2)).
II.10 Approaches to interpretation not provided for under Article 12 of the Provisions on the Law in General [preleggi] contained in the Civil Code that are nonetheless used by interpreting bodies.
II.11. The structure of legal norms
II.12 Types of legal norm: a) rules of behaviour; b) norms creating permissions; c) norms granting powers; d) norms setting out principles.
II.13 Focus issue: the difference between prescriptive legal norms and prescriptive social norms.

III. Sources of law in the Italian legal system
III.1. Introduction.
III.2. Constitutional sources
III.3.A. Supranational sources: the two types
III.3.B. International sources
III.3.C. EU law (Article 288 TFEU)
III.4. Primary national sources
III.4.1 Primary state sources
III.4.1.A. Introduction to this type of source
III.4.1.B. Laws
III.4.1.C. Decrees-law
III.4.1.D. Legislative decrees
III.5.A. Introduction to this type of source
III.5.2 Regional laws
III.6. A sui generis source of primary law
III.6.1. The status of minor local government bodies (municipalities, provinces and metropolitan cities)
III.6.2. The distribution of competence between state laws (and acts with the force of law) and regional laws
III.7. Secondary national sources
III.7.1. A lexical premise
III.7.2. Common features of secondary sources of law

IV. Discrepancies between sources
IV.1. The concept of discrepancy between legal norms.
IV.2. The solution to discrepancies: general theoretical criteria

V The public administrations
V.1. The public administrations as organisations
V.2. A first characteristic of the public administrations
V.3. A second characteristic of the public administrations
V.4 The “raison d'être” of the public administrations: administrative functions
V.5. The organisational structure of the public administrations
V.6. Some types of public administration
V.7. The public administrations as legal operators
V.8 The activity of the public administrations, and in particular administrative activity
V.9 So-called “legal” administrative activity carried out using public law and private law mechanisms
V.10 Administrative activity carried out using public law mechanisms, in particular by way of administrative decisions: A) Introduction; B) The power; C) Administrative decisions; D) Administrative procedure; E1) The principle of legality; E2) From the principle of legality to the principle of compliance with the law.
V.11. Administrative activity carried out using public law mechanisms, in particular agreements.
V.12 Administrative activity carried out using private law mechanisms.
V.13. Disputes between private persons and the public administration.

PART II

I. Freedom of speech: general overview
I.1. Freedom of speech as a prerequisite for democracy
I.2 The individualist and functionalist conception of freedom of speech

II Freedom of speech under Article 21 of the Constitution
II.1. Article 21, in particular paragraph 1
II.2. The subjective aspect to freedom of speech.
II.3. The objective aspect to freedom of speech
II.4. The instrumental aspect to freedom of speech
II.5. Second focus issue: freedom to inform, to be informed and to search for information.

III Limits to freedom of speech provided for under Article 21 of the Constitution
III.1 General framework
III.2. Express limit: common decency
III.3 Implicit limits of an individual nature: honour
III.3.A. Protection of honour and the right to report
III.3.B Focus issue: the problem of interviews
III.3.C. Protection of honour and the right to criticise.
III.3.D. The right to satire
III.3.E. Focus issue: the problem of fake news
III.4. Implicit limits under public order: public policy
III.5. Continued: Italian par condicio equality rules
III.6. The inapplicability of limits to members of Parliament.

IV Freedom of speech and other freedoms
IV.1.A. Freedom of speech and freedom of correspondence: the two rights
IV.1.B. Freedom of speech and freedom of correspondence: the two rights
IV.2. Freedom of speech and artistic freedom

V Regulation of the press and the journalism profession
V.1. Introduction
V.2. The press: concept
V.3. Regulation of the press inferred under Article 21 of the Constitution, in particular from paragraphs 2-5.
V.4. The press as journalist activity.
V.5. A problem: online “press”

VI Regulation of radio and television
VI.1 First phase
VI.2. Second phase
VI.3 Third phase
VI.4. Fourth phase
VI. 5 Fifth phase
VI.6. Sixth phase

VII Regulation of performances and cinematography
VII.1. The concept of performance.
VII.2. Relevant constitutional provisions.
VII.3. Financing.
VII.4. Focus issue: cinema.

VIII Regulation of electronic communications
VIII.1. Introduction
VIII.2. The concept of “service”
VIII.3.A. The concept of public service in a political and economic sense or, in other words, services of general interest in a meta-legal sense
VIII.3.B Electronic communications as a public service in a political and economic sense or, in other words, as a service of general interest in a meta-legal sense
VIII.4.A. Regulation of public services in a political and economic sense or, in other words, as services of general interest in a meta-legal sense.
VIII.4.B. Regulation of electronic communications services.
VIII.5.A. Public service in a technical sense or, in other words, a service of general interest in a technical sense.
VIII.5.B. Electronic communications services as a general public service in a technical sense.

X Regulation of the internet.

IX The law on copyright

Examination Methods

EXAMINATION ASSESSMENT CRITERIA
The examination will involve an oral discussion, which will be assessed according to the following criteria:
- clarity, logical order, usage of appropriate and correct terminology when discussing issues;
- demonstrating an awareness and understanding of the subject;
- demonstrating an ability to organise systematically;
- demonstrating an ability to identify shared features and differences between legal institutes;
- demonstrating an ability to solve various elementary practical problems.

ATTENDING STUDENTS: MATTERS COVERED BY THE EXAMINATION:
The discussion will consider the notions, questions and problems raised:
1) during lectures;
2) in chapter IX (“La tutela della privacy: dal diritto alla riservatezza alla protezione dei dati personali” [“Protection for privacy: from the right to confidentiality to data protection”]) and chapter X (“Il diritto all'oblio” [“The right to be forgotten]) of the textbook “Il diritto dell'informazione e della comunicazione nell'era digitale” [“Information and communications law in the digital era”] - G. Giappichelli Editore - ISBN 9788892136588 - 2021;
3) in chapter XVIII (“il diritto di autore” [“Copyright”]) of the textbook “Diritto dell'informazione e della comunicazione” [“Information and communications law”], R. Zaccaria, A. Valestro, E. Albanesi - published by Wolters Kluver and Cedam - 2021.

NON-ATTENDING STUDENTS: MATTERS COVERED BY THE EXAMINATION:
The discussion will consider the notions, questions and problems raised:
1) in the entire textbook “Il diritto dell'informazione e della comunicazione nell'era digitale” [“Information and communications law in the digital era”] - G. Giappichelli Editore - ISBN 9788892136588 - 2021;
2) in chapter XVIII (“il diritto di autore” [“Copyright”]) of the textbook “Diritto dell'informazione e della comunicazione” [“Information and communications law”], R. Zaccaria, A. Valestro, E. Albanesi - published by Wolters Kluver and Cedam ISBN 9788813376925 - 2021.

“INCOMING” ERASMUS STUDENTS (i.e. who have matriculated on a degree programme at an EU university not based in Italy)
“Incoming” ERASMUS students are invited to contact the teacher responsible at the start of the course in order to be set a specific topic to be analysed in greater depth in a course essay. That essay will then be the object of an oral discussion during the examination sessions scheduled within the academic calendar.

Bibliography