Il profilo International and European studies del Corso di Laurea in Giurisprudenza è finalizzato a favorire l’acquisizione di conoscenze e competenze sempre più importanti nella moderna formazione di un giurista. La tutela dell’individuo e l’analisi dei rapporti civili e commerciali nell’ambito di dinamiche coinvolgenti più ordinamenti nazionali, consentirà di spaziare dal diritto processuale civile, commerciale, tributario e internazionale.
Tutti gli insegnamenti sono offerti in lingua inglese, con l’intento di creare nello studente l’abitudine allo studio del diritto anche in un’altra lingua, competenza sempre più richiesta per l’analisi dei temi e problemi giuridici in un contesto europeo e internazionale.
Agli studenti che seguono almeno tre corsi opzionali del profilo è conferito uno specifico attestato di frequenza al momento della laurea. Il coordinamento scientifico del profilo è affidato al prof. Aniello Merone.
Il profilo include Corsi opzionali, tutti in lingua inglese, che attribuiranno 6 CFU (48 ore di lezioni-seminari) ciascuno, per un totale di 18 CFU (144 ore di lezioni-seminari) complessive.
The course addresses European civil law beginning with the framework of civil judicial protection under CEDU principles and the common principles governing jurisdictional protection in European States (such as the principle of party prosecution; forms of civil judicial protection; burden of proof; judgments and their effects; res judicata). The course also focuses on the genesis of European civil law: from the 1968 Brussels Convention on jurisdiction and enforcement of judgments in civil and commercial matters to the system created by the Brussels Regulation on jurisdiction and enforcement (Council Regulation (EC) No 44/2001, so-called Brussels I, and the most recent Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) and various other regulations which either uniform rules (i.e. Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims; Regulation (EC) No 1896/2006 creating a European order for payment procedures; Regulation (EC) No 861/2007 for establishing a European Small Claims Procedures) or are based on the idea of cooperation between States (i.e. Council Regulation (EC) No 1206/2001 on cooperation between the courts of Member States in collecting evidence for civil or commercial matters; Regulation (EC) No 1393/2007 on service in Member States of judicial and extrajudicial documents in civil or commercial matters). The course also focuses on arbitration law (with particular respect to international arbitration) and covers the following areas: principles and rules regarding arbitration of disputes; arbitration agreements; the arbitral tribunal (appointment of arbitrators; impartiality and independence of arbitrators; replacement and challenge of arbitrators; the role of the Court of arbitration); request for arbitration; the seat of arbitration; procedural rules (power of parties and of arbitral tribunal; time limit for submitting claims and answers; new claims; time limit for submitting the final award); taking of evidence; multiparty arbitration; relationship between State court and arbitral proceedings; rules applicable to the merits of the dispute; final, interim and partial award; differences between domestic and international arbitration; New York Convention 1958; recognition and enforcement of foreign arbitral award.
This course will explore human rights law from a theoretical and practical perspective. It will be also analyzed the agendas and strategies of states, international bodies, NGOs, human rights lawyers and victims including new rights-oriented social movements. Moreover, case studies and interviews with specialist practitioners, NGO activists and policy-makers show how theory is applied in real life. Student learning is supported by questions to stimulate seminar discussion and further readings that encourage independent study. The course covers the following areas: Human rights: Background, history and foundational principles; The international institutional framework for promoting and protecting human rights; Regional mechanisms for promoting and protecting human rights; Civil rights: prohibiting torture, protecting life, guaranteeing a fair trial and preventing arbitrary detention; Economic, social and cultural rights and how they are enforced; People’s rights: indigenous people, the right to self-determination and third generation rights; Rights in the private sphere: non-state actors, paramilitary organizations, regulating business and other private relationships.
This course will focus on the key features of the corporate governance models adopted, both in the common law and in the civil law systems, by major banks, insurance companies and public companies. In particular, this course aims at identifying and dealing with the problems inherent in the relationship between managers, shareholders and other stakeholders of the company (so called “agency problems”). As a result, this course will focus on the relevant provisions of main corporate law systems designed to address the conflicts of interest arising from the corporate form. Course content: The economic structure of the corporate governance debate: theory of the firm, nexus of contracts theory and agency problems. A comparative analysis of common law and civil law corporate governance models: ownership structures (concentrated vs. diffused shareholding); organization rules of corporate bodies (board of directors; audit committee; shareholders’ meeting); business judgment rule; related party transactions; appraisal right. The evolution of the regulatory approach in corporate governance of listed companies.
The course is aimed at providing the students with the fundamental principles of European and international tax law, focusing, in particular, on the tax aspects influencing negotiation of international agreements and international treaties. Each topic will be analyzed having regard not only to its theoretical background, but also to its practical implications, paying special attention to the main findings of the case law. The lectures will deal with the following topics: Introduction to international taxation (juridical double taxation, economic double taxation, residence principle, source principle. International taxation and international agreements: double tax conventions (double tax conventions aimed at elimination of double taxation, subjective and objective scope of Double Tax Conventions). Double Tax Conventions and the negotiation of the attribution of taxing powers to each Contracting State (permanent establishment, taxation of dividends, interest and royalties, taxation of employment income, elimination of double taxation). Introduction to EU tax law (sources of EU tax law, negative and positive integration in the tax field). Positive integration in the tax field and its influence on the tax regime of international agreements (Interest and Royalties Directive, Merger Directive, Parent-Subsidiary Directive). Negative integration in the tax field (the non-discrimination principle, the non-restriction principle, possible justifications to discriminations and restrictions). International agreements and indirect taxes (VAT and transnational transactions).