“INTERNATIONAL, EUROPEAN AND COMPARATIVE LEGAL …

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1 ATTACHMENT B PROGRAMME CURRICULUM of the BACHELOR PROGRAMME IN LAW (LLB) “INTERNATIONAL, EUROPEAN AND COMPARATIVE LEGAL STUDIES” IECoLS # Module SSD 1 ECTS Course convenor Activity type 2 Core features of each module Year 1 – 57 ECTS 1 Roman Law IUS/18 6 TBD Di base/ Foundational The course offers an overview of Roman legal history and of some Roman legal institutions. Roman law has had a strong and long-lasting impact on many legal systems across Europe and other legal jurisdictions. Particular attention will be paid to Roman understanding of law and legal reasoning. 2 History of Western Legal Tradition IUS/19 6 Lacchè Di base/ Foundational The course deals with the basic aspects of Western Legal Tradition. Following the global legal history approach, it will present some key-elements: among them, Ius commune/Common Law traditions, legal Humanism, Natural Law, Law of Reason, Codifications. The aim of the course is to introduce students to the complexity of legal phenomena compared with religious, social, political, economic changes. It will try to extend the historical understanding of students as regards other legal systems, and in particular the development of a critical overview of Western Legal Tradition. 3 Legal Theory IUS/20 9 Sabbatini Di base/ Foundational Legal theory aims to stress the intersection and the impact of socio-cultural issues on a legal system, paying attention not only to the present day but also to its historical development. Key topics for the comprehension of this process are: the concept and the nature of law, its role within society, the theoretical premises of the law-making process and of law’s enforcement. These topics will be illustrated through the positions of different scientific approaches such as Natural law theory, Legal positivism, Legal reasoning, Liberalism, Feminist jurisprudence, Moral theories and law. Particular attention will be paid to the evaluation of the efficacy of such models in understanding the complexity of a singular legal system as well as the pluralistic network at supranational and at international level. 1 Scientific area according to Italian classification. 2 Activity type according to Italian classification.

Transcript of “INTERNATIONAL, EUROPEAN AND COMPARATIVE LEGAL …

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ATTACHMENT B

PROGRAMME CURRICULUM of the

BACHELOR PROGRAMME IN LAW (LLB)

“INTERNATIONAL, EUROPEAN AND COMPARATIVE LEGAL STUDIES” IECoLS

# Module SSD1 ECTS Course

convenor Activity type2

Core features of each module

Year 1 – 57 ECTS

1 Roman Law IUS/18 6 TBD Di base/ Foundational

The course offers an overview of Roman legal history and of some Roman legal institutions. Roman law has had a strong and long-lasting impact on many legal systems across Europe and other legal jurisdictions. Particular attention will be paid to Roman understanding of law and legal reasoning.

2 History of Western Legal Tradition

IUS/19 6 Lacchè Di base/ Foundational

The course deals with the basic aspects of Western Legal Tradition. Following the global legal history approach, it will present some key-elements: among them, Ius commune/Common Law traditions, legal Humanism, Natural Law, Law of Reason, Codifications. The aim of the course is to introduce students to the complexity of legal phenomena compared with religious, social, political, economic changes. It will try to extend the historical understanding of students as regards other legal systems, and in particular the development of a critical overview of Western Legal Tradition.

3 Legal Theory IUS/20 9 Sabbatini Di base/ Foundational

Legal theory aims to stress the intersection and the impact of socio-cultural issues on a legal system, paying attention not only to the present day but also to its historical development. Key topics for the comprehension of this process are: the concept and the nature of law, its role within society, the theoretical premises of the law-making process and of law’s enforcement. These topics will be illustrated through the positions of different scientific approaches such as Natural law theory, Legal positivism, Legal reasoning, Liberalism, Feminist jurisprudence, Moral theories and law. Particular attention will be paid to the evaluation of the efficacy of such models in understanding the complexity of a singular legal system as well as the pluralistic network at supranational and at international level.

1 Scientific area according to Italian classification. 2 Activity type according to Italian classification.

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The expected results of the course are the basic knowledge of key topics and scientific approaches, as mentioned above, and the development of a critical awareness about the challenges of the contemporary legal environment.

4 Foundations of Private Law

IUS/01 9 Alpini Di base/ Foundational

The course will include the following subjects: A. Introduction: the aims of private law. B. Society, law and legal system. C. National, international and European law. D. Civil law and common law. E. Law and justice. F. Rules, principles and norms. G. Sources and interpretation. H. Facts and acts. I. Natural persons and legal persons. L. The concept of “thing” and property law. M. The concept of “obligation” and contract law. N. The concept of “marriage” and family law.

5 Constitutional Law IUS/08 9 Cossiri Di base/ Foundational

The first part of the course introduces the foundations of Constitutional Law: the contents of the concept of constitution, the division of powers, the main forms of government (with a focus on the parliamentary system), and fundamental rights. The second part of the course focuses on the Italian Constitutional Court, mainly adopting a case-law approach.

6 Economics SECS-P/01

9 Tassinari Caratterizzante/ Characteristic

This course introduces fundamental concepts and techniques of economic analysis, covering both microeconomics and macroeconomics. In the first part, a microeconomic viewpoint is taken to first consider the general problem of how societies organise production and allocate resources to respond to their needs over time. Then the interactions of consumers and firms in a market economy and the influence of government on these are considered: topics to be discussed will include Supply and Demand, Consumer Theory, Firms, Production and Costs, Market Structures and Market failures. In the second part, the course takes a macroeconomic viewpoint and evaluates employment, inflation, interest rates, the balance of payment and economic growth. Emphasis is generally given to applications of economic theory to real-world examples. Conceptual and analytical rigour will be given priority over mathematical treatments.

7 Comparative Legal System IUS/02 9 Vagni Caratterizzante/ Characteristic

The objective of the course is to introduce students to the complexity of legal phenomena, through the use of legal comparison. Classes will focus on the Western Legal Tradition, with particular regard to the comparison between common law and civil law. The course will cover the following subjects: methods of comparison and the theory of systems, common law as a tradition of law, the English legal system, the civil law tradition, and the codifications of the XIX century, European law and lawyer.

Year 2 – 60 ECTS

8 European Union Law IUS/14 9 Cisotta Caratterizzante/ Characteristic

The European integration process: historical overview and perspectives. Competences of the European Union (EU), Institutions of the EU and law-making. The EU legal order: sources, primacy of EU law, direct and indirect effect of EU law provisions. Implementation of EU law within domestic legal orders. Judicial protection in the EU. The external relations

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of the EU. The internal market and the other policies (basic notions).

9 Administrative Law IUS/10 8 Feliziani Caratterizzante/ Characteristic

The course aims at providing a comprehensive knowledge of Administrative Law, especially from a European and comparative perspective. Moving from the notion of administration, the course will be devoted to the in-depth study of administrative law principles as well as topics such as responsibility, public contracts, regulation and judicial review. A study based on a case - law approach will be preferred.

10 European Company Law IUS/04 8 Bartolacelli Caratterizzante/ Characteristic

The course provides for an introduction to company law as a part of business law. It will focus on principles of business law and of company law, with specific reference to the influence of European Law on domestic regulatory frameworks, which will be examined in a comparative perspective. The decisions of the European Court of Justice in the field of the freedom of establishment will also be analysed during the course, and specific focus will be placed on the issue of sustainability in business and financial markets law.

11 Labour Law IUS/07 8 Franza Caratterizzante/ Characteristic

The course will provide students with an understanding of the legal framework of the employment relationship (obligations of the employee; obligations and powers of the employer; termination of the relationship), as well as the regulatory framework of so-called flexible employment relationships (part-time; fixed term contracts; temporary work). Account will be taken of the influence of European Union law (anti-discrimination law; so-called "harmonisation" directives of national legislation; European social dialogue). Particular attention will be paid to the aspects and problems that are currently most relevant.

12 European Criminal Law IUS/17 8 Tripodi Caratterizzante/ Characteristic

The course is divided in two parts. The first, characterized by an institutional view, refers to the main principles of Italian Criminal Law, with particular regard to the notion of “criminal law” and to the “structure of the offense”. The second is focused on Criminal System in European Union Law and Human Rights Law perspective, analysing their impact on the Member States’ Criminal Law.

13 International Law (●) IUS/13 8 Caligiuri Caratterizzante/ Characteristic

The aim of the course is to teach the basic features of public international law and the legal order of the world community. The course also offers a first approach to international legal documents in order to test the students’ ability to analyse and interpret the legal issues addressed by these texts. At the end of the course, the students will be able to understand how international law is applied to specific, including current, events in order to develop and to be able to discuss critically their own personal view. The course provides a foundation for more advanced or specialized international law courses.

14 Transnational Civil Litigation and Arbitration Law

IUS/15 8 Donzelli Caratterizzante/ Characteristic

The course examines the most relevant profiles of civil justice in a transnational dimension and aims to provide students with the basic notions to orient themselves in this wide

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horizon. The structure of the course will be articulated along a path dedicated to the examination of general theoretical notions, needed in order to understand the specific legal phenomenon of judicial protection of rights; to the reconnaissance of international regulations and conventions on jurisdiction and the circulation of judicial decisions; to the deepening of the negotiation tools for the solution of transnational civil disputes.

- Other Language Activity - 3

Students will be awarded three ECTS if they either: - pass a test or submit a certification assessing their knowledge of English language

at level at least C1 according to the Common European Framework of Reference for Languages; or

- pass a test or submit a certification assessing their knowledge of another language – other than their mother tongue – at at least a B1 level according to the Common European Framework of Reference for Languages.

A short module (15 hours) of Advanced English for Legal Studies will be delivered in the Master Programme “Scienze Giuridiche per l’Innovazione”. Specific short courses for French, German, Spanish and Italian Languages will be offered by the UniMC Language Centre.

Year 3 – 63 ECTS

15 Criminal Procedure and New Technologies (●)

IUS/16 8 Cesari Caratterizzante/ Characteristic

The course will develop the main issues of the impact of new technologies on criminal justice, mainly in the perspective of the protection of fundamental rights in criminal proceedings. Therefore, special attention will be dedicated to personal freedom and electronic surveillance, the use of interceptions during investigations, digital evidence, artificial intelligence in the perspective of decisions making processes and right to defence.

16 Comparative Contract Law (●)

IUS/02 8 E. Calzolaio Caratterizzante/ Characteristic

This unit aims at studying the different models of contract law in the comparison civil law-common law, focusing on its main issues: formation of contract, pre-contractual liability, interpretation of contract, mistake, breach of contract and penalty clauses, supervening events. The relevant cases in the English, French, German, Italian and Spanish jurisdictions will be discussed. The last part will consider the Vienna Convention on the Sale of Goods. The expected formative aim is to understand and face the main problems of contract law in the comparative perspective.

17 Global Governance and Political Institutions

SPS/03 8 TBD Affine o integrativa/ Additional

The course aims at offering students a stronger awareness of the many issues that currently have a global dimension and cannot be dealt with effectively at a domestic (State or Region) level. It analyses Global Governance as a key concept in many academic and policy debates.

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The course will focus on the interactions between the history of political institutions and economic and social changes during the last two centuries, showing how “globalization” has changed over the time, exploring the interaction between public, intergovernmental and private actors.

In addition, students are required to take two (2) among the following elective modules (*)

Data Protection, Privacy and Internet Law

IUS/08 8 Bergonzini Affine o integrativa/ Additional

The course starts from providing a panoramic on the main constitutional issues that are Internet-related: the governance of the Internet, how its evolution challenges democracy, and its impact both on fundamental rights and public policies. After this general introduction, the course focuses on the European Data Protection and Privacy Law, highlighting step by step the more significant differences between the European and USA approach.

EU Food Law (●) IUS/03 8 Lattanzi Affine o integrativa/ Additional

The aim of the course is to provide students with an in-depth knowledge of the main content of Food Law in the European Union. Therefore, the course will deal with the core elements of the structure of the European Food Law. On completion of this course, students should be able to comprehend basic concepts and rules of European food Law and to understand specific rules and their application concerning the most relevant topics. Furthermore, they will be able to identify the legal issues raised by a problem question and apply their knowledge of the main principles and rules of European food law and to critically read case law and other materials.

Maritime Law Evolving IUS/06 8 TBD Affine o integrativa / Additional

The objective of the course is to introduce students to the complexity of legal system regarding Maritime Law. Classes will be focused on the most important topics, with particular regard to the common law. The course takes a structured and integrated approach to the highly specialised rules of shipping. The course will cover traditional subjects and examines in depth issues of maritime law and practice from a modern perspective through artificial intelligence and the use of the new technology.

Conflict of Laws IUS/13 8 Marongiu Buonaiuti

Affine o integrativa / Additional

Transnational legal relationships, ever more frequent in todays world, raise conflict of law issues. The course will deal with those issues, namely with the allocation of jurisdiction, the choice of the applicable law, and the recognition and enforcement of foreign judgments, in light of the extensive body of EU legal acts adopted in the field, as well as of the main international conventions and national legislation on private international law.

In order to complete the programme, students must also complete the following

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activities

ECTS for further elective activities (**)

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Internship 6

Final Exam 4

(●) This module is taught also in the 5-year LLM Programme in Jurisprudence.

(*) Students should be aware that, although the LLB IECoLS has no formal specialising streams,

an accurate choice among these modules contributes to the development of a more focused

grounding. In particular:

- “Data Protection, Privacy and Internet Law”, “Conflict of Laws”, & “EU Food Law” lead to a

focus on Transnational Law;

- “Data Protection, Privacy and Internet Law” & “Maritime Law Evolving” focus on

International Business.

(**) Modules, seminars, and other. Students can earn the requisite ECTS also by taking any of

the modules taught at UniMC in the English Language if it is held consistent with the LLB

Programme. The following modules, taught in the 5-year LLM Programme in Jurisprudence,

and all the elective modules in Year 3 that have not been taken by the student, are pre-

approved as consistent with the IECoLS LLB Programme:

Module SSD ECTS

Migration Law IUS/13 8

The Chinese Legal System IUS/02 8