26122 - DIRITTO DELLA FINANZA PUBBLICA (A-L)

Learning outcomes

At the end of the course, students will have a comprehensive understanding of the sources of law and the structure of the financial system of the State and other territorial public bodies. They will also be familiar with the fundamental principles and rules governing the planning and management of their financial activities. Specifically, students will gain knowledge of the methods of financing public expenditure, the regulations governing the State budget and public debt, the general principles of the tax system and national public accounting, as well as the foundational concepts of EU law regarding the coordination of national economic policies and monetary policy. The course equips students with foundational knowledge to pursue deeper studies in specific areas of public law, such as tax law and administrative law. They will acquire interdisciplinary skills that enable them to connect and integrate legal concepts with theories and principles from macroeconomics and political economy. Additionally, students will become familiar with the rules and criteria for sound and sustainable financial management, preparing them for professional roles in public administration. The course also aims to develop students' critical analysis skills, enabling them to: - understand and evaluate public budgets and public finance data disclosed by relevant institutions; - analyze and assess the key legal and macroeconomic implications of the State's annual budgetary decisions; - engage with and critically follow related political and institutional debates.

Course contents

In the 2026/2027 academic year, the Public Finance Law course will form an integral part of the Jean Monnet Chair “Public Finance Law and European Integration” (Project: 101177073 - PUBFINE), co-funded by the European Commission’s Education and Culture Executive Agency (EACEA) under the Erasmus+ Jean Monnet Action.

The Public Finance Law course programme will therefore place particular emphasis on aspects relating to the European dimension of public finance and its relationship with EU law.

The teaching activities of the Jean Monnet Chair in Public Finance Law and European Integration will consist not only of the Financial Law course but also of three interdisciplinary seminars, each worth 1 to 2 CFU, which will run in parallel with the Public Finance Law course between March and May 2027, and which will be coordinated and led by Prof. Andrea Mondini (please refer to the lecturer’s webpage for further details).

For the 2026/2027 academic year, the seminars will cover the following topics:

• Fiscal sovereignty and European integration (16 hours, 2 CFU)
• The single European currency and public finance (8 hours, 1 CFU)
• European public finance and the protection of rights (8 hours, 1 CFU)

The seminars may be included in the study plan by students on the Bachelor’s Degree Programme for Labour Consultants (CLARA) in their 2nd and 3rd years, and by students on the Master’s Degree Programme in Law (LMCU) in their 2nd and 5th years, as part of the educational activities for which free-choice credits are available.

THE COURSE IN PUBLIC FINANCE LAW

The course in Public Finance Law aims to equip students with knowledge of the fundamental concepts relating to:

- the State’s financial and accounting system;

- the principles, structure and functions of public finance systems;

- the budgetary process and cycle;

- taxes and the tax system;

- public debt;

- public expenditure.

In line with this objective, the syllabus will analyse the legal framework of Italian public finance, whilst devoting a significant part of the course to the rules and constraints established by EU law for the coordination of national public finances within the framework of the European Stability and Growth Pact.

The course syllabus is divided into two parts:

- a general institutional section

- and a specialised monographic section which varies each year and explores certain topics from the general section in greater depth.

During the lectures, the monographic section is covered primarily, with appropriate reference to the other topics in the general section.

The GENERAL INSTITUTIONAL SYLLABUS comprises the following six broad topics, set out in the points indicated below.

I. Principles and functions of public finance law

1. Public finance at the intersection of economics, law and politics.

2. Fundamental concepts of macroeconomics and national public accounting

3. The financial and accounting framework. Historical development and legal sources

4. From neutral public finance to functional public finance in the market economy: allocation, redistribution and stabilisation/development.

5. Characteristics, principles and functions of the public budget and the financial activities of local authorities.

6. The harmonisation of budgets and the European System of Public Accounts

7. Budgetary policy and the general balances of public finance

II. The State Budget: planning, decision-making and implementation

1. Budgetary decision-making and the interplay between the Government and Parliament.

2. The budgetary process

3.

The budget planning cycle in Italy and policy guidelines: the Medium-Term Structural Budget Plan, the Public Finance Document and the Planning Documents

4. The procedure for drafting the Budget Bill

5. The parliamentary budget session and the procedure for approving the State’s provisional budget

6. The Budget Act

7. The provisional implementation of the budget

8. Laws relating to the budgetary manoeuvre

9. The Budget Adjustment Act and budget amendments

10. Corrective budgetary measures

11. The General State Accounts and the audit opinion

12. Budget management: stages of revenue and expenditure

13. The payment schedule

14. Outstanding receivables and payables

15. The Treasury Service

16. Administrative and accounting liability relating to the management of public funds

17. Internal and external controls over public finance acts and activities

III. Public revenue

1. Classification and taxonomy of revenue in the State budget.

2. Tax revenue

3. Legal categories of taxes and the criteria for the allocation of public expenditure

4. Constitutional tax principles: the legal reserve, ability to pay, and progressive taxation

5. The tax system and the main taxes in Italy

6. Multi-level taxation and so-called fiscal federalism

7. The economic effects of taxation

8. So-called extra-fiscal measures

9. Compulsory and voluntary non-tax revenue. Public service charges.

10. Revenue from the disposal of assets. The financial implications of the management of state-owned property and assets.

11. So-called ‘para-fiscal’ charges and the financing of the social security system

12. Borrowing and public debt.

IV. Public debt and budgetary balance

1. General characteristics, structure and types of public debt

2. Causes and effects of public debt

3. History of Italian public debt

4. National regulations governing government securities

5. Budgetary balance and the sustainability of public debt

6. Constitutional limits on the borrowing of the State, the Regions and other public bodies

7. Financial balance as a criterion for the constitutionality of laws

8. European regulations on public debt and European fiscal rules

V. Public Expenditure

1. General characteristics, trends and composition of public expenditure in Italy

2. The planning and management of public expenditure: classification, quantification, monitoring, efficiency improvements and review

3. Fiscal expenditure

4. Expenditure laws and their relationship with the Budget Law

5. The constitutional principle of financial coverage for expenditure laws

6. The main means of financial coverage

7. ‘Costly rights’ and public expenditure as a guarantee of their effectiveness

8. Public expenditure and the protection of financial equilibrium in the case law of the Constitutional Court

VI. Supranational governance of public finances

1. European coordination of national economic and budgetary policies

2. The European Stability and Growth Pact and its 2024 reform

3. The ‘alert mechanism’, enhanced surveillance procedures and the procedure for addressing excessive macroeconomic imbalances

4. International financial assistance instruments (ESM, Recovery Fund, Next Generation EU and others)

5. EU debt

6. Currency and monetary policy (outline)

The MONOGRAPHIC SYLLABUS for the 2026/2027 academic year, which will be covered during lectures, is dedicated to:

“THE PRINCIPLE OF PUBLIC DEBT SUSTAINABILITY BETWEEN CONSTITUTIONAL AND EUROPEAN RULES”

The monographic section will focus primarily on macro-topics IV and VI of the General Syllabus.

The examination syllabus corresponds to the topics covered in lectures and to the subjects addressed in the recommended reading for exam preparation.

Non-attending students will study the monographic section by supplementing their reading of the recommended textbook with additional reading (see the following section on Texts/Bibliography).

Supplementary materials (legislation, case law) will be published on virtuale.unibo.it; these must be consulted by all students (both attending and non-attending) in preparation for the exam, as well as any additions and updates to the study texts, in light of ongoing legislative reforms.

The syllabus for ERASMUS STUDENTS is the same as that for Italian students.

Erasmus students may request changes to the examination syllabus from the lecturer only if necessary to obtain recognition of the public finance law examination at their home university.

NOTE FOR STUDENTS ON THE LABOUR CONSULTANT DEGREE COURSE WHO HAVE PUBLIC FINANCE LAW (7 CFU) IN THEIR STUDY PLAN

In the examination syllabus for CLARA students taking the module for 7 CFU, certain topics are excluded or must be covered to a lesser extent. Please contact the lecturer to agree on which parts of the textbook do not need to be studied.

Readings/Bibliography

To prepare for the examination, we recommend studying the texts listed below. The texts to be studied differ for attending and non-attending students.

ATTENDING STUDENTS (students who have attended at least 48 hours out of 60, approximately 80%) should prepare for the exam using the following text (to be supplemented with lecture notes):

Andrea Mondini, Course in Public Finance Law, Cedam-Wolters Kluwer, Milan, in the most recent edition available in bookshops (new edition due to be published in the first half of 2027)

Students who have attended previous academic years and who have already adopted the 2021 edition of the textbook must supplement it with the most recent update appendix, which will be made available online at virtuale.unibo.it. All chapters of the 2021 edition of the textbook must be studied.

NON-ATTENDING STUDENTS (who do not attend at least 80% of the lectures, i.e. 50 out of 60 hours) must prepare for the exam using the following texts:

1) for the general institutional part of the syllabus: Andrea Mondini, Course in Public Finance Law, Cedam-Wolters Kluwer, Milan, in the most recent edition available in bookshops. The 2021 edition must be supplemented with the most recent update appendix, available online on the publisher’s website (https://shop.wki.it/ libri/corso-di-diritto-della-finanza-pubblica-s748691/) and on virtuale.unibo.it. Non-attending students must study the textbook in its entirety.

2) For the special monographic section of the syllabus, dedicated to the topic “THE PRINCIPLE OF PUBLIC DEBT SUSTAINABILITY BETWEEN CONSTITUTIONAL AND EUROPEAN LAW”, a number of supplementary texts (articles from academic journals or book chapters) will be made available free of charge on virtuale.unibo.it . Reading these texts is compulsory for non-attending students; for attending students, it is optional (to supplement the lecture notes).

FOR ALL STUDENTS:

Throughout the course, supplementary teaching materials for reference will be made available on the website https://virtuale.unibo.it (legislative texts, public finance and public accounting documents, court rulings, diagrams, notes and in-depth analyses of specific topics covered in lectures). Guided reading guides on any new legislation relating to public finance, not covered in the lecture notes or study texts, may be made available on the online teaching materials website.

In all cases, students are required to consult the main relevant legislation in its current version: the Italian Constitution, Law 196/2009 and Law 243/2012, as amended and supplemented; the Treaty on the Functioning of the European Union; and the European rules governing the Stability and Growth Pact, in particular Regulations 1263/2024 and 1467/1997.

STUDY PROGRAMME (7 CFU):

For students enrolled on the Bachelor’s degree programme in Labour and Industrial Relations Consultancy who are taking the 7 CFU module, the following topics are to be excluded: budget management and controls, monetary policy, European economic integration and national tax systems; other topics are to be covered to a limited extent: taxation, taxes and the tax system; financial equilibrium. From the 2021 edition of the Textbook, the following are to be READ ONLY: Chapter I; paragraphs 5.4.1 to 5.4.3 of Chapter V; paragraph 12.2 of Chapter XII. The following are NOT to be studied and may be omitted: Chapter VI (except paragraphs 6.3.5 and 6.3.6); Chapter XIII; XV and XVI. The sections of the update appendix relating to the sections indicated are excluded. Please contact the lecturer at the start of the course to identify the sections of the new 2027 edition of the Handbook that do not need to be studied.

ERASMUS STUDENTS

The examination syllabus and study materials for ERASMUS students are the same as those for Italian students.

STUDENTS WHO HAVE THIS COURSE IN THEIR STUDY PLAN FROM PREVIOUS ACADEMIC YEARS

Students who have completed their attendance in a previous academic year and intend to sit the exam in the 2026/2027 academic year may use the syllabus from the academic year in which they attended, but must study the textbooks in the latest updated edition available (with the update appendix). The status of ‘attending’ obtained in previous academic years does not apply in the 2026/2027.

Teaching methods

Lectures.

Attendance at lectures is automatically recorded for students and will be monitored solely for the purposes of student registration as part of the Jean Monnet Chair project. Attendance at lectures is strongly recommended for a better understanding of the more technical aspects of the subject, particularly in light of the ongoing legislative reforms, which will be explored in depth during lectures.

Lectures will take place exclusively in face-to-face format.

The study of the textbook and other texts/teaching materials listed in the relevant section ‘TEXTS/BIBLIOGRAPHY’ corresponds to the examination syllabus.

Students who do not attend at least approximately 80 per cent of the lectures (48 hours out of 60) must prepare the special monographic section of the syllabus by supplementing their study of the textbook with additional texts (book chapters, articles), as indicated in the TEXTS/ BIBLIOGRAPHY section. For attending students, the recommended reading is optional, serving to supplement the lecture notes.

Assessment methods

Exam registration. Students must use only the Almaesami web platform. Registration closes strictly three days before the exam date. LATE REGISTRATIONS ARE NOT PERMITTED. Students who are already registered but no longer wish to sit the exam must cancel their registration by the same deadline. A registered student who no longer wishes to sit the exam but has not cancelled in good time must attend on the day of the exam to formally withdraw. Any student who, due to an unforeseen impediment arising after the deadline for withdrawing from the register, is unable to attend the exam, must inform the lecturer by the start time of the exam (including by email).

Conduct of examinations. The examination will take place primarily in an oral and discursive format. The oral examination may be organised in several consecutive daily sessions, depending on the number of registered students. All students registered for the examination must attend on the first day of the examination period. Should the number of students actually present exceed the maximum number that the Examination Board can examine on the first day, the excess students will be examined, in the order of their registration on the examination list, on subsequent days, which will be communicated to those present by the Examination Board.

Conduct of the oral examination. During the oral examination, the Examination Board will ask candidates questions (usually 3–4), of both a theoretical and practical nature, based on the concepts and knowledge acquired through attendance at lectures and the critical reading of study texts and teaching materials. The questions in the oral examination will focus on the topics set out in the ‘SYLLABUS AND CONTENT’ section. To prepare for the examination, students are required to study the texts and readings listed in the ‘TEXTS/BIBLIOGRAPHY’ section and to consult the main legislation referred to in the texts and during lectures. The questions aim to assess, among other things, whether the student has grasped the concepts relating to the legal institutions studied, whether they are able to set out, through sound legal reasoning, the main issues concerning the topics of study, whether they have acquired the argumentative skills necessary for the interpretation of legal provisions and for the analysis and resolution of legal problems, and whether they are able to apply the knowledge acquired critically, whilst also referring to the content of legislation, case law and legal doctrine.

Assessment of the examination. In particular, the assessment of the examination will be carried out taking into account:

• knowledge of institutional frameworks;
• the ability to make connections between the various parts of the syllabus;
• the structure, accuracy and completeness of the presentation;
• the level of understanding and the ability to apply the concepts and technical terminology characteristic of the subject;
• the ability to systematically contextualise the legal institutions, topics and problems presented, whilst also taking into account case-law and doctrinal trends;
• the ability to develop appropriate analyses of the issues raised and to present critical arguments.

By way of example only, the awarding of the final mark will be based indicatively on the following criteria:

• sufficient or slightly more than sufficient knowledge of the topics covered, poor critical thinking skills, difficulty in using technical legal language → 18–20
• reasonable knowledge of the topics covered, sufficient critical thinking skills, acceptable use of technical legal language → 21–23
• reasonable or fairly good knowledge of the topics covered, reasonable critical thinking skills, reasonable use of technical legal language → 24–26
• good or more than good knowledge of the topics covered, good critical thinking skills, good command of technical legal language → 27–28
• substantially comprehensive knowledge of the topics covered, good critical thinking skills, very good command of technical legal language → 29
• comprehensive knowledge of the topics covered, excellent critical thinking skills, full and confident command of technical legal language → 30
• absolutely comprehensive knowledge of the topics covered, excellent critical thinking skills, excellent and complete command of technical legal language → 30L

Students who are eligible to attend the course for the first time in the academic year 2025/2026 (second semester) will be able to sit the exam from the first exam session in May 2026. Exam sessions up to February 2027 fall within the 2025/2026 academic year.

To be assigned a dissertation, students must have already passed the course exam. Any thesis topic is assigned by the course lecturer, subject to the student submitting a brief abstract of the thesis project and undergoing an interview with the lecturer. Assignments will be made according to a timetable to be published on the lecturer’s webpage under the ‘notices’ section.

Teaching tools

The following resources will be made available to students via the virtuale.unibo.it platform:

• regulations and documentation relating to public finance
• any readings, further reading, lecture notes, slides and documents presented and discussed in class during lectures, as teaching materials to support exam preparation

Students with specific learning difficulties (SLD) or temporary or permanent disabilities are invited to contact the University office responsible for students with SLD (https://site.unibo.it/ studenti-con-disabilita-e-dsa/it): the office will be responsible for proposing any necessary adjustments to interested students; these must, however, be submitted for the lecturer’s approval 15 days in advance, and the lecturer will assess their appropriateness, taking into account the course’s learning objectives.

Office hours

See the website of Andrea Mondini