Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


PUBLIC LAW OF THE ECONOMY AND THE ENVIRONMENT
DIRITTO PUBBLICO DELL'ECONOMIA E DELL'AMBIENTE

A.Y. Credits
2019/2020 6
Lecturer Email Office hours for students
Alberto Clini

Assigned to the Degree Course

Law (LMG/01)
Curriculum: PERCORSO COMUNE
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The student is led to the understanding of the evolution of administrative law influenced by the adoption of private law modules, so much so that the law of public organization is becoming less and less that of the regulation of private activity. In the solidarity and personalist perspective of the articles 2 and 3 Constitution, therefore, one must think of administrative law as a function of rights and their full possibility of being enjoyed by citizens. In this entrenchment in the protection and implementation of rights, we explain the transition from "State administrator" to "governor State".

Program

The course mainly aims to provide a complete picture of the constitutional, community and ordinary discipline of private economic activity, with particular attention to the main techniques of intervention of public authorities in the regulation and supervision of economic activities, with specific regard to banking and financial institutions (in particular the Banking Union), as well as the public services sectors, the antitrust discipline and, in general, the processes of privatization and liberalization.
The course also aims to address the problem of forms of public governance of the economy, illustrating the transformation of applied models, the direct intervention of public authorities in the production of goods and services to the public regulation of private relations.
Some aspects of great relevance concerning the special disciplines of companies operating in markets will be examined, which, due to their relevance or the need to protect the interests involved, require a significant and specific regulatory and supervisory action by public authorities; so that the new arrangements for European banking supervision and financial markets will be illustrated.

Bridging Courses

The study of public economic law requires a deep understanding of administrative law; for obvious systematic reasons, the student must have also supported Constitutional Law and Institutions of Private Law.

Learning Achievements (Dublin Descriptors)

The learning outcomes are structured according to the following verification guidance:

- Knowledge and understanding: complete knowledge and comprehension skill of the working principles and organization of the system of administrative justice. This exam requires a link capability of judicial regulations to insist on a dynamic knowledge of any single institution and of the trial in general.

- Applying knowledge: in-depth knowledge of the forms of protection. The procedural law is suited to an immediate practical check of the knowledge acquired by the student; this check is not only turned to solve a legal question, but also to exam the procedural reasoning exposed by the student to grant a more adequate and weighty form of protection.

- Making judgments: integrating knowledge and managing complexities. Innovative judicial decisions about custom and procedures are proposed to the student by the stimulation of the research in the specialized magazines about practical cases and explored issues during classes through Moodle platform (http://blended.uniurb.it).

- Communication skills: clarity and precision of communication skills. The trial simulation organized during the class and the written tests are useful experiences for a confrontation between the students and the professor about the modalities and peculiarities of legal language and in particular of the procedural one.

- Learning skills: adequate development of the understanding skills. The student must demonstrate the dynamic assimilation of the statutes in the code, keeping the links and interconnections of the single institutions and the proper mechanisms of the trial.  

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Supporting Activities

For the preparation for the exam it is advisable to study the manual, among the various available on the market, G. Carlotti - A. Clini - Administrative law - Volume I - Second part (from page 215 to page 476) - Maggioli publisher.
It is also required the knowledge of the sentences included in the Moodle platform (http://blended.uniurb.it) and the discussion during the examination of one of them, chosen by the student.
The teaching activity will be supplemented by in-depth seminars on specific topics and written exercises.
At the end of the lesson year, a two-day National Convention will be held on current topics of administrative law and public economic law; participation is strongly recommended for attending students and for those assigning theses.


Teaching, Attendance, Course Books and Assessment

Teaching

Frontal lecture. During the course you will be able to indicate the most important journals to find doctrinal studies and jurisprudential material on important issues and issues.

Course books

For the preparation for the exam it is advisable to study the manual, among the various available on the market, G. Carlotti - A. Clini - Administrative law - Volume I - Second part (from page 215 to page 476) - Maggioli publisher.
The study of the Handbook on banking and financial law is also required, (edited by) F. Capriglione, Cedam (chapters I-IX, page 1 on page 381) and the manual of F. Trimarchi Banfi - Lessons of public economic law - Giappichelli, ult ed.
It is also required the knowledge of the sentences included in the Moodle platform (http://blended.uniurb.it) and the discussion during the examination of one of them, chosen by the student.

Assessment

Oral examinations.Through them students’ knowledge of judicial review will be evaluated, as well as their ability to analyze and correctly set out the relevant legal institutes.

The expected learning results will be evaluated by means of an oral exam, based on three questions or more. The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Additional Information for Non-Attending Students

Teaching

All the material provided during the course to the students will be made available on the Moodle platform (http://blended.uniurb.it).

Course books

For the preparation for the exam it is advisable to study the manual, among the various available on the market, G. Carlotti - A. Clini - Administrative law - Volume I - Second part (from page 215 to page 476) - Maggioli publisher.
The study of the Handbook on banking and financial law is also required, (edited by) F. Capriglione, Cedam (chapters I-IX, page 1 on page 381) and the manual of F. Trimarchi Banfi - Lessons of public economic law - Giappichelli, ult ed.
It is also required the knowledge of the sentences included in the Moodle platform (http://blended.uniurb.it) and the discussion during the examination of one of them, chosen by the student.

Assessment

Oral examinations.Through them students’ knowledge of judicial review will be evaluated, as well as their ability to analyze and correctly set out the relevant legal institutes.

The expected learning results will be evaluated by means of an oral exam, based on three questions or more. The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

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