Daniela MARRANI | Elements of law and principles of community law

cod. 0212500001

ELEMENTS OF LAW AND PRINCIPLES OF COMMUNITY LAW

	0212500001
	DIPARTIMENTO DI SCIENZE ECONOMICHE E STATISTICHE
	EQF6
	TOURISM MANAGEMENT AND DEVELOPMENT
	2017/2018

PERCORSO COMUNE

	OBBLIGATORIO
	YEAR OF COURSE 1
	YEAR OF DIDACTIC SYSTEM 2011
	SECONDO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
1	ELEMENTI DI DIRITTO E PRINCIPI GIURIDICI COMUNITARI MOD 1
	IUS/01	5	30	LESSONS	BASIC COMPULSORY SUBJECTS
2	ELEMENTI DI DIRITTO E PRINCIPI GIURIDICI COMUNITARI MOD. 2
	IUS/14	5	30	LESSONS	BASIC COMPULSORY SUBJECTS

PROFESSORS

	DANIELA MARRANI2 T Curriculum
	GAETANA PAESANO1 Curriculum

	Objectives
	THE COURSE EXAMINES THE ITALIAN AND EU SOURCES OF LAW, THE PRINCIPLES AND THE FUNDAMENTAL NORMS OF THE NATIONAL AND EUROPEAN UNION LEGISLATION, WITH PARTICULAR REGARD TO THE DISCIPLINE OF TOURISM. THE MAIN OBJECTIVE OF THE COURSE IS TO PROVIDE STUDENTS WITH BASIC KNOWLEDGE TO UNDERSTAND THE ROLE OF THE EUROPEAN INSTITUTIONS AND TO UNDERSTAND THE RELATIONS BETWEEN THE EUROPEAN UNION AND THE MEMBER STATES, AS WELL AS RELATIONS BETWEEN STATES. THE COURSE ALSO AIMS TO PROVIDE KNOWLEDGE ON TOURISM CONTRACTS. MODULE A: BASIC KNOWLEDGE OF THE EUROPEAN LEGAL SYSTEM: PRINCIPLES, INSTITUTIONS AND NORMS, RELATED TO THE PROMOTION OF TOURISM, ENVIRONMENT AND PAYSAGE. KEY CONCEPTS OF THE INTEGRATION BETWEEN THE INTERNAL AND THE EUROPEAN UNION JURISDICTION. APPLYING KNOWLEDGE AND UNDERSTANDING: STUDENTS WILL HAVE THE CAPACITY TO APPLY KNOWLEDGE THROUGH THE ANALYSIS AND THE DISCUSSION OF CASE LAW. THEY WILL ALSO HAVE THE CAPACITY TO DEVELOP THEIR COMPETENCES THROUGH THE CONSULTATION OF EU DATABASES. MODULE B: SOURCES OF LAW AND FUNDAMENTAL PRINCIPLES OF THE LEGAL SYSTEM FOR THE PROTECTION OF PUBLIC AND PRIVATE PROPERTY, CONTRACTUAL AND NEGOTIATING AUTONOMY, WITH PARTICULAR REFERENCE TO THE LAW OF CONTRACTS IN THE FIELD OF TOURISM, CIVIL LIABILITY AND THE NATIONAL AND LOCAL LEGISLATION PERTAINING TO THE PROTECTION OF HERITAGE AND TOURISM. THE MAIN ABILITIES WILL BE: - INTERPRETATE AUTONOMOUSLY THE LEGAL TEXTS, THE CASE-LAW AND THE CONTRACTUAL MODELS MAJORLY USED BY PRIVATE COMPANIES AND LOCAL PUBLIC AUTHORITIES - SIMULATE CASES PRESENTING LEGAL PROBLEMS AND APPLICATION OF KNOWLEDGE FOR THE FORMULATION OF A SOLUTION - CONSULTING LEGAL DATABASES ON NATIONAL AND THE EUROPEAN UNION LEGISLATION AND JURISPRUDENCE.

THE COURSE EXAMINES THE ITALIAN AND EU SOURCES OF LAW, THE PRINCIPLES AND THE FUNDAMENTAL NORMS OF THE NATIONAL AND EUROPEAN UNION LEGISLATION, WITH PARTICULAR REGARD TO THE DISCIPLINE OF TOURISM. THE MAIN OBJECTIVE OF THE COURSE IS TO PROVIDE STUDENTS WITH BASIC KNOWLEDGE TO UNDERSTAND THE ROLE OF THE EUROPEAN INSTITUTIONS AND TO UNDERSTAND THE RELATIONS BETWEEN THE EUROPEAN UNION AND THE MEMBER STATES, AS WELL AS RELATIONS BETWEEN STATES. THE COURSE ALSO AIMS TO PROVIDE KNOWLEDGE ON TOURISM CONTRACTS.
MODULE A:
BASIC KNOWLEDGE OF THE EUROPEAN LEGAL SYSTEM: PRINCIPLES, INSTITUTIONS AND NORMS, RELATED TO THE PROMOTION OF TOURISM, ENVIRONMENT AND PAYSAGE. KEY CONCEPTS OF THE INTEGRATION BETWEEN THE INTERNAL AND THE EUROPEAN UNION JURISDICTION.
APPLYING KNOWLEDGE AND UNDERSTANDING:
STUDENTS WILL HAVE THE CAPACITY TO APPLY KNOWLEDGE THROUGH THE ANALYSIS AND THE DISCUSSION OF CASE LAW. THEY WILL ALSO HAVE THE CAPACITY TO DEVELOP THEIR COMPETENCES THROUGH THE CONSULTATION OF EU DATABASES.
MODULE B:
SOURCES OF LAW AND FUNDAMENTAL PRINCIPLES OF THE LEGAL SYSTEM FOR THE PROTECTION OF PUBLIC AND PRIVATE PROPERTY, CONTRACTUAL AND NEGOTIATING AUTONOMY, WITH PARTICULAR REFERENCE TO THE LAW OF CONTRACTS IN THE FIELD OF TOURISM, CIVIL LIABILITY AND THE NATIONAL AND LOCAL LEGISLATION PERTAINING TO THE PROTECTION OF HERITAGE AND TOURISM.
THE MAIN ABILITIES WILL BE:
- INTERPRETATE AUTONOMOUSLY THE LEGAL TEXTS, THE CASE-LAW AND THE CONTRACTUAL MODELS MAJORLY USED BY PRIVATE COMPANIES AND LOCAL PUBLIC AUTHORITIES
- SIMULATE CASES PRESENTING LEGAL PROBLEMS AND APPLICATION OF KNOWLEDGE FOR THE FORMULATION OF A SOLUTION
- CONSULTING LEGAL DATABASES ON NATIONAL AND THE EUROPEAN UNION LEGISLATION AND JURISPRUDENCE.

	Prerequisites
	THE UNDERSTANDING OF TOPICS WICH ARE TAUGHT IN THE COURSE DOES NOT REQUIRE PARTICULAR BASIC KNOWLEDGE. THERE ARE NO PREREQUISITES.THE PROGRAM IS ELABORATED ON THE BASIS OF COORDINATION WITH OTHER LAW AND ECONOMICS CLASSES.

	Contents
	THE COURSE IS INTEGRATED IN TWO MODULES: MODULE A AND MODULE B; EACH MODULE CONSISTS IN 30 HOURS (5 CFU) OFLESSONS. IN ADDITION THE COURSE ORGANIZES SEMINARS WITH EXPERTS. MODULE A: EUROPEAN UNION SOURCES OF LAW, INSTITUTIONS, PRINCIPLES AND POLICIES. PARTICULAR ATTENTION WILL BE PAID TO THE APPLICATION OF THE EU LAW IN THE ITALIAN LEGAL SYSTEM, TAKING INTO ACCOUNT THE STATE, REGIONS AND LOCAL COMPETENCES, AND ADAPTATION OF THE DOMESTIC JURISDICTION TO THE EU LAW. PARTICULAR ATTENTION WILL BE DEVOTED TO THE BASICS OF THE INTERNAL MARKET, AND SPECIFIC EU POLICIES LIKE INTERNAL MARKET, ENVIRONMENT AND TOURISM. IMODULE B: INTRODUCTORY LEGAL CONCEPTS: SOURCES AND BASIC LAW PRINCIPLES. ELEMENTS OF PUBLIC LAW. NATURAL AND LEGAL PERSONS, ASSOCIATIONS, FOUNDATIONS AND OTHER NON-PROFIT ORGANIZATIONS. PRIVATE PROPERTY AND PUBLIC PROPERTY. CONTRACTS IN GENERAL. THE CONTRACTS IN THE FIELD OF TOURISM. CIVIL LIABILITY. NATIONAL AND REGIONAL LEGISLATION FOR THE PROTECTION OF HERITAGE TOURISM.

Contents

THE COURSE IS INTEGRATED IN TWO MODULES: MODULE A AND MODULE B; EACH MODULE CONSISTS IN 30 HOURS (5 CFU) OFLESSONS. IN ADDITION THE COURSE ORGANIZES SEMINARS WITH EXPERTS.
MODULE A:
EUROPEAN UNION SOURCES OF LAW, INSTITUTIONS, PRINCIPLES AND POLICIES. PARTICULAR ATTENTION WILL BE PAID TO THE APPLICATION OF THE EU LAW IN THE ITALIAN LEGAL SYSTEM, TAKING INTO ACCOUNT THE STATE, REGIONS AND LOCAL COMPETENCES, AND ADAPTATION OF THE DOMESTIC JURISDICTION TO THE EU LAW. PARTICULAR ATTENTION WILL BE DEVOTED TO THE BASICS OF THE INTERNAL MARKET, AND SPECIFIC EU POLICIES LIKE INTERNAL MARKET, ENVIRONMENT AND TOURISM.
IMODULE B:
INTRODUCTORY LEGAL CONCEPTS: SOURCES AND BASIC LAW PRINCIPLES. ELEMENTS OF PUBLIC LAW. NATURAL AND LEGAL PERSONS, ASSOCIATIONS, FOUNDATIONS AND OTHER NON-PROFIT ORGANIZATIONS. PRIVATE PROPERTY AND PUBLIC PROPERTY. CONTRACTS IN GENERAL. THE CONTRACTS IN THE FIELD OF TOURISM. CIVIL LIABILITY. NATIONAL AND REGIONAL LEGISLATION FOR THE PROTECTION OF HERITAGE TOURISM.

	Teaching Methods
	THE COURSE IS ARTICULATED IN TWO MODULES AND CONSISTS IN 60 HOURS OF LESSONS (10CFU),. IN ADDITION STUDENTS WILL HAVE SEMINARS AND LABORATORIES. 30 HOURS (5 CFU) ARE DEVOTED TO MODULE A AND 30 HOURS (5 CFU) ARE DEVOTED TO MODULE B.

	Verification of learning
	THE ACHIEVEMENT OF LEARNING GOALS IS ASSESSED BY AN EXAM GRADED ON A SCALE OF 30. THE EXAM INCLUDES AN OPTIONAL INTERIM EXAM AND A FINAL ORAL ASSESSMENT ON TOPICS INDICATED BY THE TEACHER. THE INTERIM EXAM CONSISTS OF 4 MULTIPLE CHOICE QUESTIONS AND 2 WRITTEN OPEN QUESTIONS (ON THE FOLLOWING TOPICS: N. 4 MULTIPLE CHOICE QUESTIONS ON SOURCES AND BASIC LAW PRINCIPLES; N. 1 WRITTEN OPEN QUESTION ON NATURAL AND LEGAL PERSONS; PRIVATE PROPERTY AND PUBLIC PROPERTY, N. 1 WRITTEN OPEN QUESTION ON THE EUROPEAN UNION INSTITUTIONS). THE ORAL ASSESSMENT CONSISTS OF 6 OPEN QUESTIONS (N. 3 ON CONTRACTS IN GENERAL; N. 3 ON THE INTERNAL MARKET AND EUROPEAN UNION POLICIES). THE INTERIM EXAM SHALL TAKE PLACE AT HALF OF THE COURSE AND LAST 45 MINUTES. THE FINAL ORAL ASSESSMENT SHALL TAKE PLACE ON THE DATES INDICATED IN THE OFFICIAL EXAMS DIARY AND HAVE AN AVERAGE DURATION OF 30 MINUTES. THE ASSESSMENT OF THE INTERIM EXAM SHALL BE BASED ON THE FOLLOWING GRADES: 2,5 POINTS PER CORRECT ANSWER TO MULTIPLE CHOICE QUESTION, 0 TO ANY WRONG OR MISSING ANSWER, 0 TO 10 POINTS PER ANY ANSWER TO WRITTEN OPEN QUESTIONS (ALONG WITH THE FOLLOWING GRADING SCALE FAIL; POOR; PASS; GOOD; VERY GOOD): FOR A MAXIMUM TOTAL GRADE OF 30 POINTS. IN THE ORAL ASSESSMENT 1 TO 5 POINTS SHALL BE GIVEN TO ANY OF THE 6 EXAM QUESTIONS FOR A TOTAL OF 30 POINTS ALONG THE FOLLOWING GRADING SCALE:. FAIL; POOR; PASS; GOOD; VERY GOOD. THE EXAMS ARE APPROVED IN CASE OF A MINIMUM VOTE OF 18 POINTS OUT OF 30. THE INTERIM AND FINAL EXAM PURSUE THE GOAL OF ASSESSING THE LEVEL OF UNDERSTANDING AND KNOWLEDGE ACHIEVED BY THE STUDENT ON THE TOPICS INDICATED IN THE STUDY PROGRAMME, THE AWARENESS OF METHODOLOGICAL INSTRUMENTS AND THE CAPACITY OF APPLYING KNOWLEDGE TO SOLVE THEORETICAL AND PRACTICAL PROBLEMS. THE FINAL ASSESSMENT FOR THE EXAM IS THE RESULT OF THE AVERAGE POINTS OF INTERIM AND ORAL FINAL ASSESSMENT, EXCEPT WHEN THE STUDENT MAY OPT TO DISREGARD THE POINTS OF THE INTERIM EXAM AND BE TESTED AT THE FINAL EXAM ON THE ENTIRE STUDY PROGRAMME, INCLUDING THE TOPICS THAT WERE THE OBJECT OF THE INTERIM EXAM. THE FINAL ORAL ASSESSMENT CONSISTS IN N. 6 OPEN QUESTIONS ON TOPICS INDICATED BY THE TEACHER (N. 1 ON SOURCES AND BASIC LAW PRINCIPLES; N. 1 ON NATURAL AND LEGAL PERSONS; N.1 ON PRIVATE PROPERTY AND PUBLIC PROPERTY, CONTRACTS IN GENERAL; N. 1 ON THE EUROPEAN UNION INSTITUTIONS; N. 1 ON THE INTERNAL MARKET; N. 1 ON THE EUROPEAN UNION POLICIES). THE EXAM IS PASSED WITH A MINIMUM GRADE OF 18 OUT OF 30.

Verification of learning

THE ACHIEVEMENT OF LEARNING GOALS IS ASSESSED BY AN EXAM GRADED ON A SCALE OF 30. THE EXAM INCLUDES AN OPTIONAL INTERIM EXAM AND A FINAL ORAL ASSESSMENT ON TOPICS INDICATED BY THE TEACHER. THE INTERIM EXAM CONSISTS OF 4 MULTIPLE CHOICE QUESTIONS AND 2 WRITTEN OPEN QUESTIONS (ON THE FOLLOWING TOPICS: N. 4 MULTIPLE CHOICE QUESTIONS ON SOURCES AND BASIC LAW PRINCIPLES; N. 1 WRITTEN OPEN QUESTION ON NATURAL AND LEGAL PERSONS; PRIVATE PROPERTY AND PUBLIC PROPERTY, N. 1 WRITTEN OPEN QUESTION ON THE EUROPEAN UNION INSTITUTIONS). THE ORAL ASSESSMENT CONSISTS OF 6 OPEN QUESTIONS (N. 3 ON CONTRACTS IN GENERAL; N. 3 ON THE INTERNAL MARKET AND EUROPEAN UNION POLICIES). THE INTERIM EXAM SHALL TAKE PLACE AT HALF OF THE COURSE AND LAST 45 MINUTES. THE FINAL ORAL ASSESSMENT SHALL TAKE PLACE ON THE DATES INDICATED IN THE OFFICIAL EXAMS DIARY AND HAVE AN AVERAGE DURATION OF 30 MINUTES. THE ASSESSMENT OF THE INTERIM EXAM SHALL BE BASED ON THE FOLLOWING GRADES: 2,5 POINTS PER CORRECT ANSWER TO MULTIPLE CHOICE QUESTION, 0 TO ANY WRONG OR MISSING ANSWER, 0 TO 10 POINTS PER ANY ANSWER TO WRITTEN OPEN QUESTIONS (ALONG WITH THE FOLLOWING GRADING SCALE FAIL; POOR; PASS; GOOD; VERY GOOD): FOR A MAXIMUM TOTAL GRADE OF 30 POINTS. IN THE ORAL ASSESSMENT 1 TO 5 POINTS SHALL BE GIVEN TO ANY OF THE 6 EXAM QUESTIONS FOR A TOTAL OF 30 POINTS ALONG THE FOLLOWING GRADING SCALE:. FAIL; POOR; PASS; GOOD; VERY GOOD.
THE EXAMS ARE APPROVED IN CASE OF A MINIMUM VOTE OF 18 POINTS OUT OF 30.
THE INTERIM AND FINAL EXAM PURSUE THE GOAL OF ASSESSING THE LEVEL OF UNDERSTANDING AND KNOWLEDGE ACHIEVED BY THE STUDENT ON THE TOPICS INDICATED IN THE STUDY PROGRAMME, THE AWARENESS OF METHODOLOGICAL INSTRUMENTS AND THE CAPACITY OF APPLYING KNOWLEDGE TO SOLVE THEORETICAL AND PRACTICAL PROBLEMS. THE FINAL ASSESSMENT FOR THE EXAM IS THE RESULT OF THE AVERAGE POINTS OF INTERIM AND ORAL FINAL ASSESSMENT, EXCEPT WHEN THE STUDENT MAY OPT TO DISREGARD THE POINTS OF THE INTERIM EXAM AND BE TESTED AT THE FINAL EXAM ON THE ENTIRE STUDY PROGRAMME, INCLUDING THE TOPICS THAT WERE THE OBJECT OF THE INTERIM EXAM. THE FINAL ORAL ASSESSMENT CONSISTS IN N. 6 OPEN QUESTIONS ON TOPICS INDICATED BY THE TEACHER (N. 1 ON SOURCES AND BASIC LAW PRINCIPLES; N. 1 ON NATURAL AND LEGAL PERSONS; N.1 ON PRIVATE PROPERTY AND PUBLIC PROPERTY, CONTRACTS IN GENERAL; N. 1 ON THE EUROPEAN UNION INSTITUTIONS; N. 1 ON THE INTERNAL MARKET; N. 1 ON THE EUROPEAN UNION POLICIES). THE EXAM IS PASSED WITH A MINIMUM GRADE OF 18 OUT OF 30.

	Texts
	MODULE A: V. GUIZZI, MANUALE DI DIRITTO E POLITICA DELL'UNIONE EUROPEA, NAPOLI, 2015, ONLY CHAPTERS RELATED TO THE PROGRAMME. CODE ON THE EUROPEAN UNION LAW. MODULE B: P. TRIMARCHI, ISTITUZIONI DI DIRITTO PRIVATO, ULT. ED., ONLY CHAPTERS RELATED TO THE PROGRAMME. A. BARBERA E C. FUSARO, CORSO DI DIRITTO PUBBLICO, ULT. ED., ONLY CHAPTERS I, III, IV, V, XII IN ADDITION, READING OF ONE OF THE FOLLOWING BOOKS IS SUGGESTED: E. IMPARATO E F. TORCHIA, PROFILI DI DIRITTO DEL TURISMO, ESI, 2011. E. GUERINONI, DISCIPLINA DEI CONTRATTI TURISTICI E DANNO DA VACANZA ROVINATA, IPSOA, ULT. ED. E. GRAZIUSO, I NUOVI CONTRATTI DEL TURISMO, GIUFFRÉ, ULT. ED. STUDENTS ATTENDING WILL BE PROVIDED WITH FURTHER INDICATIONS AND STUDY MATERIALS AS PART OF THE COURSE.

Texts

MODULE A:
V. GUIZZI, MANUALE DI DIRITTO E POLITICA DELL'UNIONE EUROPEA, NAPOLI, 2015, ONLY CHAPTERS RELATED TO THE PROGRAMME.
CODE ON THE EUROPEAN UNION LAW.
MODULE B:
P. TRIMARCHI, ISTITUZIONI DI DIRITTO PRIVATO, ULT. ED., ONLY CHAPTERS RELATED TO THE PROGRAMME.
A. BARBERA E C. FUSARO, CORSO DI DIRITTO PUBBLICO, ULT. ED., ONLY CHAPTERS I, III, IV, V, XII
IN ADDITION, READING OF ONE OF THE FOLLOWING BOOKS IS SUGGESTED:
E. IMPARATO E F. TORCHIA, PROFILI DI DIRITTO DEL TURISMO, ESI, 2011.
E. GUERINONI, DISCIPLINA DEI CONTRATTI TURISTICI E DANNO DA VACANZA ROVINATA, IPSOA, ULT. ED.
E. GRAZIUSO, I NUOVI CONTRATTI DEL TURISMO, GIUFFRÉ, ULT. ED.
STUDENTS ATTENDING WILL BE PROVIDED WITH FURTHER INDICATIONS AND STUDY MATERIALS AS PART OF THE COURSE.

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	STUDENTS ATTENDING WILL BE PROVIDED WITH FURTHER INDICATIONS AND STUDY MATERIALS AS PART OF THE COURSE.

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Daniela MARRANI | Elements of law and principles of community law