Economic Law (2019/2020)

Learning outcomes

The expected learning outcomes of this course are, in terms of KNOWLEDGE, the basic notions and tools for analysing and understanding the relationship between law and the economy (and its components, such as markets, firms, regulators, etc.). In terms of SKILLS, on the other hand, the course has the objective of transmitting: the ability to apply legal reasoning to the rules and institutions governing the functioning of the economy; the ability to frame and set legal issues regarding both the institutional aspects of the law and the substantive law rules; and the ability to formulate independent judgments on concrete cases.

Part A
General Topics

1) The functions of the law in the economy: allowing, promoting, correcting and going beyond the market.
2) Multi-level regulation of the economy (international, EU and national law)
3) The law and the globalisation of the economy


Part B
Specific Topics
1) Economic systems: definition and typologies
2) The function of law and of public powers with regards to market economies.
3) The failures of public intervention in the economy
4) Economic functions of independent Authorities

5) The EU internal market and the fundamental freedoms: negative and positive integration

-Case-study: the legal and political implications of the implementation of the 2006 Service Directive (‘Bolkenstein’).

6) Law and technological innovation: the relationship between public authorities and innovation, especially in respect of the digital economy and the use of digital platforms to provide goods and services (uber, Airbnb, Amazon, etc.)

The exam is written. In 60 minutes students will have to answer three/four questions. Students who have attended classes will be graded on the basis of three criteria:

1) in giving the answers to the above-mentioned questions, his/her ability to demonstrate: a) the knowledge of the relevant legislation and jurisprudence and of the relative doctrinal analysis; and b) the comprehension of the fundamental notions and general principles and above all of the underlying 'logic' of the subject learned during the lessons and by the study of the texts (eg, what objectives are pursued by the legislator, what public interests come into play, what are the basic general legal principles, what is the role of the various institutional actors, what are the macro-changes that took place in the legal framework).

2) in giving the answers to the above-mentioned questions, his/her ability to use the correct technical legal terms in his/her answers.

3) student’s class participation.

Students who have not attended classes will be graded on the basis on two criteria:
1) ability to demonstrate: a) the knowledge of the relevant legislation and jurisprudence and of the relative doctrinal analysis; and b) the comprehension of the fundamental notions and general principles and above all of the underlying 'logic' of the subject learned by the study of the texts (eg, what objectives are pursued by the legislator, what public interests come into play, what are the basic general legal principles, what is the role of the various institutional actors, what are the macro-changes that took place in the legal framework).
2) the ability to use the correct technical legal terms in his/her answers.