85665 - Constitutional Law for Markets and Competition

Learning outcomes

Knowledge and skills to achieve

The course aims to analyze the fundamental institutions of Italian constitutional law in the European and national legal space, with particular reference to economic freedoms and social rights; the Parliaments and the Governments in the composite constitution of the European Union; the most relevant judgments of the EU Court of Justice and of the Constitutional Court on economic and social rights; the European System of Rights Protection; the open market economy (non-discrimination and competition rules); public powers and administration; relationship between the action of public authorities and economic phenomena.

Course contents

Program / Content

The course will study the evolution of c.d. Economic constitution, starting from the analysis of articles of the Constitution on economic matters (Title III of the First Part of the Constitution, so called "Economic Relations"), outlining in particular the evolution that they have known through the circular process of the intervention of the legislator and of the constitutional Judge.

Secondly, national competition disciplines will be analyzed.

Finally, competition will be analyzed at EU level, having taken into account the historical evolution of the European phenomenon, the governance arrangements, the impact on Italian law and the prospects of reform.

One of the main objects of analysis will be the jurisprudence of the main national and supranational Courts and Tribunals.

Readings/Bibliography

Bibliographic references for exam

R. Nania (edit by), L'evoluzione costituzionale delle libertà e dei diritti fondamentali. Saggi e casi di studio, Giappichelli, Torino, 2012 (only Third part, Libertà e diritti nella Costituzione economica, pp. 261-340)

R. Bin, P. Caretti, G. Pitruzzella, Profili costituzionali dell'Unione europea, Il Mulino, Bologna, 2015 (only chapters I, II, III, IV, V e VII)

Teaching methods

Lessons will be conducted with the traditional method of the frontal lesson.

Assessment methods

The final exam of the course consists of an oral exam where the student must demonstrate knowledge of the main important parts of the program.

Teaching tools

The Constitution of Italian Republic;

Constitutional and ordinary law;

Case law, taken by Courts website.

Office hours

See the website of Michele Belletti