Clases de liderazgo:

Fall semester; 20 lectures; 6 hrs per week; 6 credits; elective

Fundamentals of the protection afforded by European Community and national law. What occupational safety entails. Parties involved: employer, executives, managers, workers, company doctors, workers’ safety representative and employer’s safety officers. Delegation of functions. Occupational injuries and illnesses. The new Community strategy for health and safety in the workplace. The reform of occupational safety: analysis of current law. Occupational safety in the criminal code.

Prerequisites: Labour Law Assessment: oral exam

Professor: Morrone, Ricci

Learning Outcomes: The course aims to provide students with an overall picture of occupational health and safety law, with special reference to civil and criminal liability and caselaw on the matter.

Textbooks:

F. Fedele, A. Morrone (a cura di), La sicurezza sul lavoro per argomenti, Aracne editrice, 2009. (chapters 4, 7, 8, 10 excluded). The relevant regulations are also required.

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PRIVATE COMPARATIVE LAW (in English)

Fall semester; 30 lectures; 6 credits, elective

(i) Functions, aims and methods of comparative law. Classification of different legal systems. The Western legal tradition in the main civil law and common law legal systems: sources of law; patterns of legal reasoning; interpretation of law; lawyers’ education and practice; judiciary power and courts’ organization; style of laws, courts’ decisions and scholarship contributions and their interrelations; importance of binding precedents. Review of the basic institutions in the various systems, such as, in the common law, the use of trust in commercial activity.

(ii) Comparative company law, with a focus on the main corporate governance issues in civil law and common law systems.

Prerequisites: Fundamentals of private and company law Assessment: oral exam

Professor: Ruggiero

Learning Outcomes: The aims of the course are the following: a) introduction to the study of comparative law through the analysis of history, goals, methods and classifications usually used by comparative legal scholars; b) identification of the peculiar aspects of the main Western civil law and common law systems; c) understanding and evaluation of the similarities and differences between legal systems. The second part of the course is devoted to the study of comparative company law, applying the comparative devices learnt during the first part. The topic becomes quite relevant in view of the several (spontaneous or statutory) harmonization processes this area of law is undergoing.

Textbooks:

Part (i)

K. Zweigert, H. Kotz, An Introduction to Comparative Law, Third edition, Oxford University Press, 1998 (Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18)

Part (ii)

R. Kraakman et al., The Anatomy of Corporate Law, Oxford University Press, 2nd Ed., 2009 (Chapters 1, 2, 3)

A.R. Pinto, Globalization and the Study of Comparative Corporate Governance, Wisconsin International Law Journal, Vol. 23, No. 477, Summer 2005.

Suggested reading (not mandatory): S. Bruno & E. Ruggiero, Public companies and the role of shareholders, Kluwer Law International, 2011 (Introduction, Ch. 1, 3, 4, 5)

Further specific reading materials will be suggested and made available during the course. 77

L5-PIL77: PRIVATE INTERNATIONAL LAW (belonging to Major in International Law) (in English)

Fall semester; 30 lectures; 6/3 hrs per week; 6 credits, elective

The course will present private international law from a comparative perspective, analysing the national, EU and international sources of law in this regard. Special attention will be paid to the influence of EU law on private international law, the role of the Court of Justice of the European Union and interaction between national, international and supranational rules. The Rome I and Rome II regulations on contractual and non-contractual obligations will be examined, including in light of caselaw. Also analysed will be the uniform international law rules on contracts, especially regarding international sales. Moreover, the rules on some branches of personal law such as divorce, succession and international abduction of minors will be introduced and discussed. Regarding international civil procedure law, the focus will be on studying the EU rules, including through caselaw. Finally, particular attention will be paid to international arbitration, examining typical clauses and cases.

Assessment: oral exam Professor: Zanobetti

Learning Outcomes: The course seeks to provide the tools that will be useful for lawyers working in the international area or students who pursue a career in an international setting.

Textbooks:

M.C. BOGDAN, Concise Introduction to EU Private International Law, Europa Law Publishing, 2nd ed., 2012, pp. 1-170.

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L4-LRPS67: PUBLIC LAW AND REGULATION OF ECONOMY (belonging to Major in Administrative Law)

Spring semester; 30 lectures; 6 hrs per week; 6 credits

The traditional regime of public services and evolutionary factors. Liberalisation and privatisation. The regulatory framework: EU and national rules, European and constitutional principles, the persons subject to regulation, the aims of regulation, and competition and regulation. Features of regulation: techniques, powers and procedures. The rules governing specific sectors: electricity, gas, postal services, railways and local public services.

Prerequisites: Administrative Law

Assessment: oral exam and written test during the semester Professor: Fonderico

Learning Outcomes: The course introduces the law of public services, some sector-specific regulations, the caselaw, the decisions and the guidelines of administrative bodies. Students are expected to acquire competencies and skills in understanding regulations, their principles and their outcomes, combining private and public law approaches.

Textbooks:

Not available at time of publication.

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PUBLIC COMPARATIVE LAW (belonging to Major in International and EU Law) (in English)

Spring semester; 30 lectures; 6 hrs per week; 6 credits; elective

The class aims to study the main characters of contemporary constitutionalism, through the study of the most well known models of modern constitutions (Canada, France, Germany, Great Britain, Spain, United States of America) in their diachronic evolution. Constitutions of not European models like India and Commonwealth Countries will also be considered. Final goal of the 116lassi s to put under evidence how the constitutional structure of the above mentioned countries put a relevant influence on their form of government and their public law structure.

Assessment: oral exam (50%) written exam (50%) Professors: De Petris

Learning Outcomes: The study of modern and contemporary constitutionalism aims to serve as an instrument of knowledge and comprehension of the most important and recent problems affecting national legal systems: a.o., relationship between public security and protection of basic rights; coexistence of different cultures, ethnic groups, religions and ideologies in the same legal order; management of territorial diversity in the same national context. Students who regularly attend the class (80% attendance) will take part in a “Moot

Constitutional Assembly”, which will take place in the last two weeks of the course. They will work on a project of “Ideal Constitutional Chart”, where they will use the knowledge and skills learned in the previous lessons. Students who take part into the “Moot Constitutional Assembly” will sit the exam only on one part of the full program as long as they will take the exam in the summer and in the fall of 2015. Students with a lower attendance rate (under 80%) must sit the exam on the full program.

Textbooks:

Leonard Besselink et al. (Eds.), Constitutional Law of the EU Member States, Kluwer 2014. Selected parts on France, Germany, Spain, United Kingdom.

Readings available at the “Centro copie” (Copy center) of the LUISS University, in the basement of the central building in Viale Pola.

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L5-PF80: PUBLIC ECONOMIC LAW (belonging to Major in Company and Tax Law)

Spring semester; 30 lectures; 6 hrs per week; 6 credits; elective

Il corso è dedicato ad approfondire alcuni aspetti relativi alle discipline speciali delle imprese che operano in mercati i quali, a ragione della loro rilevanza o del bisogno di tutela degli interessi coinvolti, richiedono un significativo e specifico intervento regolamentare e di vigilanza da parte dei pubblici poteri.

Saranno analizzati i nuovi assetti della vigilanza bancaria europea. In particolare, si tratterà:

- del mercato finanziario e delle attività finanziarie; - del mercato e dell’attività bancaria;

- della vigilanza sull’attività bancaria, nell’ambito della c.d. Unione Bancaria.

Prerequisites: Italian Private Law 1

Assessment: oral exam, written tests during the semester Professors: Perassi/Stella Richter

Learning Outcomes: Introduction to the main techniques of intervention by the public authorities as regards regulation and supervision economic activities, with special reference to banking and finance.

Textbooks:

AA.VV., Diritto delle imprese. Manuale breve, Milano, Giuffrè, 2012, pp. 331 – 407; C. Brescia Morra, Il diritto delle banche, Bologna, Il Mulino, to be published;

M. Perassi, voce Banca centrale europea in Enciclopedia del diritto, Annali IV, Milano, Giuffrè, 2011.

Other materials will be provided during the semester.

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L5-PSLL82: PUBLIC SECTOR LABOUR LAW (belonging to Major in Labour and Social Security Law)

The course takes the form of lectures at which the didactic material furnished to the students will be explained and commented on. That material consists of the key legislation in the matter: the sources of the discipline in the public sector labour relationship, sectoral collective bargaining agreements, trade union rights, the individual employee-employer relationship, public sector management, employee obligations and codes of conduct, individual and collective mobility, the termination of the employment contract, labour dispute jurisdiction.

Assessment: oral and written exam Professor: Fiorillo, Pileggi

Learning Outcomes: The course aims to provide fundamental knowledge on the complex subject of privatised public employment from an evolutionary standpoint, especially to understand its often misunderstood rationale as well as its relationship with pure private sector employment law, applied only partially thereby resulting in significant differences in trade union and employment contract rules. The course will adopt a ‘comparative’ approach, so to speak, in relation to the analysis of the main principles (trade union representation, collective bargaining and the establishment, modification and ending of employment contracts).

Textbooks:

Luisa Galantino, Diritto del lavoro pubblico, Ed Giappichelli, 2014. Section I: Chapter I, II; Section II: Chapter I, II, III, IV, VIII, IX, X, XI.

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L5-RL-LGL83: REGIONAL LAW – LOCAL GOVERNMENT LAW (belonging to Major in Administrative and Public Law)

Fall semester; 30 lectures; 6 hrs per week; 6 credits

Federalism and regionalism. Italian regionalism. Original rules and reforms during the XIII legislature. Constitutional autonomy. Legislative and regulatory autonomy. Administrative autonomy. Financial autonomy. Special autonomous regions. Organisation of the regions. Powers of interference and cooperative liaison. The regions and the EU.

Assessment: oral exam Professor: D’Atena

Learning Outcomes: In consideration of the fact that the subject matter is in constant flux, in addition to providing students with good knowledge of Italian regionalism the course will equip them also with the critical and systematic tools necessary to grapple with what is a very complex and multivalent legal area. It also aims to provide an essential overview of comparative-historical issues in relation to federalism and regionalism.

Textbooks:

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