01621 - Financial Law

Learning outcomes

Preliminarily, the course will delineate the general legal framework of public finance. Within this general legal farmework the course will focus on the relationship, on the one hand, between the forms of funding of the state and the state's public functions and, on the other hand, between the levy of taxes and the management of public resources. The course will be developed on the basis of a consolidated legal method and will enhance, within the national tax and public finance system, inter-sectors profiles. In this way the knowledge that the student can acquire, concerning more technical aspect of the subject matter, as the management of the  public finance and the instruments of state accounting, will be integrated in a broader context, which refers to specific areas of constitutional law ,  administrative law and social security law.

Course contents

PART ONE

1. The formation of public finance

1.1. The forms of financing

Tax revenue and balance sheet

The types of taxes: tax, fee, contribution, cost, revenue-producing monopoly

Consent to finance tax: statutory reserve Parliament's role and evolution of normative forms

Financing function and structure of taxes

Object of taxation: income, wealth, consumption: legal and economic effect of the essential characters.

The financing of public expenditure and allocation criteria of solidarity, equality and "tax interest"

1.2. The tax system

Utilities and problematic nature of the notion of "tax system". The historical evolution.

Regulatory developments in tax reforms and constitutional unchanged. Legal certainty and of the levy, hypertrophy legislation and "systematic" scientific.

Government revenues in finance multi-level: from the "tax system" to "fiscal territories."

Function taxation and territorial dimension in EU law and fiscal federalism.

PART TWO

2. The composition of public finance

Public expenditure and legal instruments of the "budget package" between the Government, Parliament and the European Union.

2.1. Accounting and Financial Reporting

Fundamentals of Public Accountancy

The financial statements of public entities: types, characteristics and functions

The classification of revenue and expenditure

The general principles of the public budget: annuity, unity, universality, integrity, specification, advertising, truthfulness, score level.

Revenue and expenditure by borrowing: concept and characters of public debt

The general government financial balances between accounting profit and political objective notion and typology

PART THREE

3. The management of public finance

3.1. The decision to budget and financial programming

The document of economics and finance, stability law and related laws fiscal consolidation

The parliamentary deliberations on the budget, the budget session, provisional operation


3.2. Financial planning, the Stability Pact and the European Semester

3.3. The state budget after the constitutional reform: the decision by law, structure and content

3.4. Obligation to cover financial deficit and debt

PART FOUR

4. The management of the budget and checks

The phases of the entry and management of expenditure. Budget forecasts and management in terms of cash and accrual. The phenomenon of the residues.

The management of the budget and activities of the organization, planning and programming.

The changes to the budget and the budget of adjustment

The budget and the judgment of the Court of Auditors equalization

The system of budget checks

Readings/Bibliography

The programme is divided into four parts. Books and other materials reccommended in order to prepare the exam will be put on this web-site afterwards, at the beginning of the course.

Teaching methods

The course is organized in lectures for a total of 48 hours.

The course gives a general knowledge which is useful also for the exam in tax law. Attending the lectures is stronlgly reccomended because of the recent reform of public accounting. It is also important for a better understanding of the texts studied.

Assessment methods

The exam is exclusively oral.
Prerequisites: The exam can be done only after having passed the exams of Institutions of Private Law and Constitutional Law.

Students who attend the course in the academic year 2016/2017can do the exam starting from January 2017.

Thesis: in order to write the thesis is required to have passed the exam.

Teaching tools

Some of the topics covered in class will be exlaind through slides. Other supporting materials (budgets of the State or local authorities, legal texts, documents, public accounting) will be made ​​available to students through the website http:// campus.cib.unibo.it. Public accounting documentation is also available on the website of the Department of State Accounting (http://www.rgs.mef.gov.it), which the students are encouraged to consult to find updated material useful to the study and 'study of certain parts of the program that will be indicated in class.

Office hours

See the website of Andrea Mondini