04519 - Business Law

Learning outcomes

The aim of the course is to provide students with a reference framework for the evolution of the intervention of public authorities in the economy within the more general constitutional principles of the State. At the end of the course, the student will be able to: (a) identify the main paths set by the State to intervene in the economy, so as not to rely exclusively on the logic of the market; (b) consciously and critically identify the means and tools made available by law for public intervention in the economy; (c) understand the role of Public Administrations within the constitutional discipline and special sector disciplines.

Course contents

The course aims to analyze the general issues of Public Law of Economics and, among them, the principles that regulate the intervention of the State in the economy.

In particular, the following topics will be examined:

State, sovereignty and supranational / international organizations. Territory and sovereignty in the global economy

Relations between the State and the European Union

The relations between State and economy: forms of State and forms of market

The sources of law in the Italian and EU legal system

The State apparatus and public entities

Constitutional bodies and bodies of constitutional relevance (with particular regard to the Parliament, the Government and the President of the Republic) and their functions

The State as community: territorial autonomies in the Constitution. The regions and the local public entities

The public administration

The independent authorities

The market in the Constitution and the "rereading" of the Italian “economic constitution”. Market regulation

Readings/Bibliography

T. Groppi - A. Simoncini, Introduzione allo studio del diritto pubblico e delle sue fonti, Torino, Giappichelli, 2021.

The manual is to be studied in its entirety, with the exclusion of the following parts: Chapter VI; Chapter XI (limited to paragraphs 1. and 2. and related subparagraphs, while paragraph 3. and related subparagraphs is included in the course program)

Teaching methods

The course takes place through oral lectures.

In order to solicit the involvement of students, during the course there will be targeted in-depth studies on the actual ways in which some of the bodies and competent authorities carry out their regulatory function, also focusing on some case studies.

The lessons are divided into didactic-conceptual units, organized according to a path that allows for the gradual learning of the examined topics and case studies, so that students can progressively achieve the goal of mastering the matter.

Assessment methods

The exam is written. To take the exam (both each of the partial tests and the total test), it is necessary to enroll in Almaesami.

Partial tests (the first partial test will be held in April - the second partial test will be held in June)

Each of the partial tests will consist of 31 multiple choice questions, for which one point will be awarded for each correct answer and zero points for each wrong or missing answer.

It is necessary to achieve at least 18/31 in each partial test to pass the exam, therefore if 18/31 is not obtained in the first partial test, the second partial test can NOT be taken.

If in both partial tests the student achieves 31/31 or achieves 31/31 in one of the two tests and 30/31 in the other, she/he will obtain a final grade of 30 with honors.

The final grade, following the two partial tests, will be determined by the arithmetic average of the scores obtained in the two partial tests, rounded up (for example, if the average was 27.50/30 the score assigned will be 28/30).

It is possible to refuse the grade: the methods of refusal of the grade will be communicated at the time of publication of the grade (in general the students will have 72 hours from this publication to refuse the grade, by sending an email to the Professor from their Unibo institutional mailbox, specifying in the text of the email: name, surname, serial number and the express will to refuse the grade).

If the grade of the first partial is accepted and the grade of the second partial is refused - or the second partial test is not passed, or the student withdraws from the latter - the grade of the first partial will be canceled and the student will have to take the full test.

IMPORTANT: the complete list of parts of the manual and study material for the preparation of both the first and the second partial tests will be published on the Professor's website at the end of the lessons of first period and at the end of the lessons of the second period.

The program for the first partial test to be held in presence on April 4 2022 corresponds to the first 5 chapters of the manual.

The program for the second partial test to be held in presence on June 10 2022 corresponds to the following chapters of the manual: VII, VIII, IX, X and XI (the latter limited to paragraph 3. and related sub-paragraphs).

 

Full exam

The exam will consist of 31 multiple choice questions, for which one point will be awarded for each correct answer and zero points for each wrong or missing answer.

It is necessary to achieve at least 18/31 to pass the exam.

If the student achieves 31/31, she/he will obtain a final grade of 30 with honors.

It is possible to refuse the grade: the methods of refusal of the grade will be communicated at the time of publication of the grade (in general the students will have 72 hours from this publication to refuse the grade, by sending an email to the Professor from their Unibo institutional mailbox, specifying in the text of the email: name, surname, serial number and the express will to refuse the grade).

PLEASE NOTE: the examination methods indicated may undergo changes based on the evolution of the health emergency

Teaching tools

Additional study materials useful for the preparation of the exam may be made available in time within the course teaching materials

Office hours

See the website of Massimiliano Musi