96361 - ADMINISTRATIVE LAW AND MARKET REGULATION

Conoscenze e abilità da conseguire

The course aims to provide students with a basic knowledge of key concepts of administrative law (public entity/body, administrative act/action, public contracts) and market regulation tools, taking into account the switch from a pure national model of market regulation to a mixed model of supranational public regulation. At the end of the course students will be able to understand how market regulation affects the public/private relations and how public and private law instruments are used by to achieve policy goals.

Contenuti

The course on Administrative Law and Market Regulation is designed to provide students with an in-depth understanding of the legal framework and principles governing global administrative law and market regulation.

It describes the evolution of global administrative law and explains key concepts of administrative law, then focusing on the regulatory environment that influences market operations. 

Supranational and International institutions, such as WTO, will be examined and the relevance of market regulation in the relationship between private and public will be discussed

Besides the general aspects, sector-specific aspects of the subject matter will be discussed as well.

List of topics

• public body,
• administrative act/action,
• judicial review of administrative decisions
• Institutional structures focusing on the WTO and regulatory authorities
• Tariffs and customs regulations
• Antidumping, countervailing duties, subsidies
• Products safety regulations and environmental restrictions (SPS and TBT Agreements)
• TRIPS
  
• Labour standards and human rights
• Exceptions art. XX

Testi/Bibliografia

Attending students

S. Cassese, Global Administrative Law, Edward Elgar, 2021 

F. Bignami, Comparative administrative law in The Cambridge Companion to Comparative Law (M. Bussani, U. Mattei), 2012, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2171307

Further readings may be indicated during lectures

 

Non attending students

S. Cassese, Global Administrative Law, Edward Elgar, 2021

F. Bignami, Comparative administrative law in The Cambridge Companion to Comparative Law (M. Bussani, U. Mattei), 2012, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2171307

B. Manning, S. Ravagan, The dispute settlement process of the WTO: a normative structure to achieve utilitarian objectives, in https://scholarship.law.tamu.edu/cgi/viewcontent.cgi?article=1540&context=facscholar

D. C. Esty, Good governance at the supranational scale: Globalizing administrative law, in https://deliverypdf.ssrn.com/delivery.php?ID=344118088088081072097021010013099065020088069085027026127088027120105111117117103073029114036013107061038017013011000070110019036073080049126116087126080013011084033017097064075094101091092007090124010101081112118098103098087070083092111021000092&EXT=pdf&INDEX=TRUE

J.A. Scholte, R. O'Brien, M. Williams, The WTO and civil society in https://www.researchgate.net/publication/23723931_The_WTO_and_civil_society

B. Kingsbury, N. Krisch, R.B. Stewart, The emergence of global administrative law, in https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1361&context=lcp

 

Metodi didattici

Frontal lessons

Cases analysis and solutions

Modalità di verifica e valutazione dell'apprendimento

Team-work assignment and written exam.

ATTENDING STUDENTS

Team work assignment

One final team-work project at the end of the second term: students will be asked to analyse an international institution or an international system of law. Groups will be randomly extracted to present and discuss their reports in class on the assignment due date.

The evaluation criteria for the project work are the following:

- Exhaustivity of the presentation

- Ability to address the topic correctly

- Presentation skills

- Respect of the allotted time

  

NON ATTENDING STUDENTS

100% final written exam

Written exam

First Half test: 1 hr written exam consisting in 2 open questions on the following readings:

S. Cassese, Global Administrative Law, Edward Elgar, 2021

F. Bignami, Comparative administrative law in The Cambridge Companion to Comparative Law (M. Bussani, U. Mattei), 2012, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2171307

D. C. Esty, Good governance at the supranational scale: Globalizing administrative law, in https://deliverypdf.ssrn.com/delivery.php?ID=344118088088081072097021010013099065020088069085027026127088027120105111117117103073029114036013107061038017013011000070110019036073080049126116087126080013011084033017097064075094101091092007090124010101081112118098103098087070083092111021000092&EXT=pdf&INDEX=TRUE

B. Kingsbury, N. Krisch, R.B. Stewart, The emergence of global administrative law, in https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1361&context=lcp

The minimum mark to pass is 18/30.

Second Half test: 1 hr written exam consisting in 2 open questions on

B. Manning, S. Ravagan, The dispute settlement process of the WTO: a normative structure to achieve utilitarian objectives, in https://scholarship.law.tamu.edu/cgi/viewcontent.cgi?article=1540&context=facscholar

J.A. Scholte, R. O'Brien, M. Williams, The WTO and civil society in https://www.researchgate.net/publication/23723931_The_WTO_and_civil_society

And the slides and legal texts that will be provided on Virtuale

The minimum mark to pass is 18/30.

The final mark is the average of the two half test marks

Full test: 2 hr written exam consisting in 4 questions

The minimum mark to pass is 18/30

The evaluation will take into consideration:
• knowledge of institutional profiles;
• knowledge of case law;
• connections between different parts of the program;
• debate skill;

• writing ability;

• writing accuracy.

It is not an open book exam. English dictionaries may be used.

Registration

The registration to the exam must be made on-line.

Evaluation Grid

The test assessment grid will be as follows:

• <18 insufficient
  

• 18-23 sufficient

• 24-27 average/good

• 28-30 very good
  

• 30 cum laude excellent/outstanding
  

• 
  

Strumenti a supporto della didattica

Slides will be provided during the lectures.

The material will
be made available to students on the online platform.
Students with disability or specific learning disabilities (DSA) are required
to make their condition known to find the best possibile accomodation to their needs.

Orario di ricevimento

Consulta il sito web di Maria Giulia Roversi Monaco