Teaching code

4S008944

Academic staff

Diletta Danieli, Caterina Fratea

Coordinator

Diletta Danieli

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/14 - EUROPEAN UNION LAW

Period

Secondo semestre (lauree) dal Feb 20, 2023 al May 31, 2023.

Lessons timetable Moodle Seminars 0

Learning objectives

The course is intended to provide students with the basic legal tools and methodologies necessary to understand the functioning of trade relationships in a globalized economy, with specific regard to the economic relations between private parties. After an introductory part aimed at giving the general framework of how international trade is governed within the relevant international organizations (mainly the WTO and the EU), the course will analyse the basic notions of European competition law, as well as the fundamental private international law tools applicable to international contracts focusing in particular on EU regulations.

Prerequisites and basic notions

None.

Program

The course will analyse international commercial relations in the current globalised context, devoting particular attention to the private perspective of the relations between economic operators. The course structure will be as follows.
- Preliminary notions: the actors and legal sources of international law; the European Union as international organisation, the EU institutions and the competence system, the sources of EU law, the competences of the Court of Justice of the EU.
- General framework of international regulation of trade: the origin of the multilateral international trade system (GATT 1947), the WTO (World Trade Organisation), the fundamental principles of the WTO system and the agreements currently in force.
- General framework of EU regulation of trade: the EU as actor in the context of international trade and the relations with the WTO system, the common commercial policy and the negotiation of commercial agreements (bilateral and multilateral).
- The EU internal market: the origin of the common market, the start and completion of the internal market, the fundamental economic freedoms (particularly, the free movement of goods, the free movement of workers, the freedom of establishment and the freedom to provide services, basic notions of the freedom of movement of capital and payments), the recent developments and the creation of the Digital Single Market.
- EU competition law: general overview of this sectoral policy and main fields of action, study of the rules applying to undertakings (agreements between undertakings and abuse of dominant position) and basic notions of the State aid rules, the public enforcement of competition rules at the EU and national (Italian) level, basic notions of the private enforcement of competition rules.
- The private international law rules applying to international contracts: the legal sources of uniform substantive law (United Nations Convention on Contracts for the International Sale of Goods and basic notions of the UNIDROIT principles); the system of judicial cooperation in the EU, the legal instruments of EU private international law applicable to civil and commercial matters (Brussels Ia
Regulation on jurisdiction and the recognition and enforcement of judgments, and Rome I Regulation on the law applicable to contractual obligations).

Bibliography

Didactic methods

The course will be delivered in Italian.
Classes will combine lectures devoted to the study of the basic notions and legal sources regarding international and EU law relevant for international commercial relations, and practical seminars that will consist in group discussions of case studies and resolution of actual cases inspired by the practice.
The teaching materials used during classes (slides, legal sources, selected cases), to be added to the reference books, will be made available on the e-learning platform "Moodle".
Students facing particular situations of fragility due to conditions of disability or learning disorders or who are under travel restrictions due to COVID-19 may agree with the instructors on the use of supporting materials and/or tools.

Learning assessment procedures

For attending students, the exam consists of a written test covering the whole course's program.
For non-attending students, the exam consists of an oral interview covering the whole course's program.
Erasmus students can choose to take the exam
- in Italian, according to the same course syllabus and examination methods provided for Italian students (either attending or non-attending students);
- in English, according to a course syllabus and examination methods to be agreed with the instructors.

Evaluation criteria

The exam is aimed at ascertaining, in addition to the required knowledge base, that the students have developed sufficient analytical skills. In particular, the exam is aimed at assessing:
- the level of the acquired knowledge base;
- the use of the appropriate legal terminology;
- the ability of connecting the different topics of the course's program;
- the analytical and arguing skills.

Criteria for the composition of the final grade

The final mark is expressed in thirtieths.
The written exam (for attending students) consists of six open questions, each of which will be awarded a score from 0 to 5. Students who will provide comprehensive and articulated answers to all questions are awarded a final mark cum laude.
The oral exam consists of an interview to which the final mark refers as a whole.

Exam language

Italiano. Per gli studenti Erasmus, italiano o inglese. | Italian. For Erasmus students, either Italian or English.