Economic Law (2020/2021)

Learning outcomes

The aim of the course is to develop:
- the ability to apply legal reasoning to the rules and institutions governing the exercise of economic activities. The aim is to acquire the ability to understand and analyze the sources of the internal and supranational law governing economic activities, namely the production and exchange of goods, in relation to the protection of the different interests at stake, of a public and private nature, particularly concerning citizens, users and consumers;
- the ability to frame and to highlight legal issues related to the main topics of the subject-matter with reference to both the organization of institutions and rule-making, with an understanding of the main logic underlying the relationship between law and the economy and with the acquisition of an appropriate and specific disciplinary vocabulary, ability to formulate independent judgments on concrete cases, a method that allows the continuous learning and updating of knowledge.

The course will cover some of the main EU legislative initiatives in the field of Digital Economy. Among the legislative acts that will be analysed are: the directive on electronic commerce 2000/31, the services directive 2006/123, the E-money directive 2009/110, the consumer rights directive 2011/83, the directive on payment 2015/2366, the Regulation for the protection of personal data 2016/679, Competition law.

The course is 36 hours long (6 CFU) and will be held in English with the support of slides and study materials previously indicated (eg legislation and jurisprudence of the European Union). The course will be partly taught in person (5 CFU, 30 hours) and partly remotely, following flipped learning and group-based learning methodologies (1 CFU, 6 hours). Students will be invited to participate in the discussion on the various topics introduced and explained by the teacher, also based on the previous reading of study materials.

The in-person academic activities are dedicated to the following topics:
What is the Digital Economy? What definition does the EU legal system give?
• The main market sectors affected
• What strategies and methods is the EU adopting or should it adopt to regulate the digital economy?
• The relevance of EU law on access to the online market
• Consumer protection in the digital economy
• The role and legal protection of data in the digital economy
• EU competition law in the digital economy and the protection of smaller companies
• Finance, e-money and payment systems

The remote academic activities are dedicated to group work for the solution of practical cases relating to legal issues such as:
• the compatibility of national regulations with the EU regulations on digital exchanges
• the liability of online intermediaries towards third parties for illegal activities carried out by users of digital platforms

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.