Scientific Disciplinary Sector (SSD)
IUS/01 - PRIVATE LAW
1° periodo lezioni - GEM dal Oct 1, 2021 al Dec 22, 2021.
This course intends to analyse the role of associations and organisations, part of the so-called “third sector”, in civil operations in the constitutional and civil code framework, including special legislation and prospect for forms. Students will have the opportunity to analyze one of the specific non-profit area of intervention, in the field of family protection and childcare. This course generally intends to introduce the students in these juridical problems, which they can address in their professional activity: knowledge of adminis-trative jurisdiction, social services administration and public intervention focused on minors’ protection. This course, in other words, will give students instruments to see how they could insure family and child protection in emergency operations, caused by immigration uncontrolled because of humanities reasons, wars or climatic events. This way, students will be able to understand the juridical context of non-profit operations, their guidelines and limits in order to manager of the principal types of risks.
The course is designed to study the bodies operating in the third sector and to analyse the evolution of their role in the light of the constitutional framework, the code of law and the special regulations, with an eye to recent reform issues.
Students will then be introduced to one of the typical areas of intervention of the non-profit sector: that of family, personal and child law. In this way, students will be provided with skills related to the jurisdiction and administration of social services and to the area of public intervention for the protection of minors.
Finally, the course will be oriented to the study of a purely emergency field, such as migration and the movement of families and minors, issues that are as topical as they are delicate, also from the point of view of the reconstruction of the legal phenomenon.
The training objective of the course is to enable students to acquire specialist skills in one of the topical areas of Emergencies: that of migration and the movement of families and minors caused by emergency events or humanitarian reasons. At the end of the course, students will be able to understand the organisational and functional context of non-profit organisations operating in the emergency sectors of family and children law and to manage the main legal issues.
The lessons will be held in the classroom and will be available to students even via live streaming through a zoom link. The recording of each lesson will also be published on the moodle page of the course.
1) Evolution and regulation of legal persons and third sector law
- Legal persons and collective bodies: associations, foundations and committees; constitution, organisation and events of legal persons; liability profiles of bodies and administrators.
- The non-profit sector: the laws establishing the legal figures connected with the third sector; non-profit associations (associations, foundations and committees), non-profit organisations (NGOs, voluntary organisations, social cooperatives); current regulations and reforms.
- The typical areas of intervention of the third sector: in particular, the private social sector in the area of personal, family and children law.
2) The interrelationships between the private social sector, the administration of social services and the courts in the area of the law of persons, family and minors
- The competent judicial authorities: the ordinary civil and criminal court; the tutelary judge; the juvenile court; the public prosecutor's offices.
- Civil proceedings in family and children matters. Guardian, curator and technical defence of the child.
- Basic and specialised social services in the judicial context: competences and organisation; the role of the private social sector.
-The authority guarantor of children's rights.
3) Public intervention to protect minors
- The best interests of the child and other fundamental rights.
- The control on the exercise of parental responsibility: measures of limitation and forfeiture of parental responsibility, the juvenile process (the juvenile process, ordinary and emergency judicial protection, enforcement of measures). Temporary foster care and adoptions.
- Emergency administrative protection: emergency removals by social services and the role of the private social sector. Foster care by social services.
4) Family law and "migration paths".
- International adoption. Solidarity-based foster care. Kafalah.
- The right to family unity: migrant families and accompanied foreign minors.
- Accompanied and unaccompanied foreign minors: entry in the territory, protection and stay.
- International child abduction.
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The lectures, necessary for the study of the most complex profiles of the discipline covered by the course, will be accompanied by classroom exercises with self-assessment to verify the application of the regulatory tools studied, with the support of specific readings and case law, which will be progressively provided to students through the dedicated e-learning platform.
During the academic year, students will be able to make use of the weekly reception service, on the day and at the time indicated on the lecturer's web page, to clarify any doubts or to study in depth any topics of particular interest.
The examination is oral and the grade is expressed in 30ths.