02531 - Public Law of the Economy

Learning outcomes

At the end of the course students shall know institutions policies and tools about public regulation of economy, both at National and European level. They shall also know the relevant legal framework concerning competition regulation as well as monetary and economic policies. Students shall be also able to understand the main legal measures and institutions involved in public policies regarding economy and their evolution during the last decades.

Course contents

The course gives an overview of the evolution of public policies regarding economy, having particular regard to relationships between Institutions, economic system and civil society in the light of the European Union law.

In particular, the course shall focus on:

1. The so-called Economic Constitution. State policies regarding economy: from State-entrepreneur to State-regulator. Influence of globalisation on public policies regarding economy. The European single market, its organization, and legal tools: freedom of circulation and competition regulation.

2. Main tools for State economic policies: authorisation schemes, grants, and State Aid in the European and National legal framework

3. Services of general interest and sustainability

Main rationales for service of general interest regulation: market failure and public interest.

Liberalization of network services. Services of general interests provided locally. The pendulum between privatization and re-publicization. Methods for providing services of general interest. Subsidiarity and the third sector

4. Analysis of some economic sectors (case studies)

4.1 Water services and right to water. Strong public regulation. Water public nature and consequences on how it is provided.

4.2 Taxi services. Technological innovation and market opening: taxi public regulation and new platforms

4.3 Electric market and energy democracy. Evolution of the electric sector: from state monopoly to market liberalization. Renewable energy and environmental sustainability. Energy communities and a decentralised energy production system.

Readings/Bibliography

Handbook for this course is C. Franchini, La disciplina pubblica dell'economia tra diritto nazionale diritto europeo e diritto globale, editoriale scientifica, Napoli, 2022

Further teaching materials will be available on the Virtuale platform in relation to specific economic sectors.

Teaching methods

Part I of the course shall mainly follow a traditional academic approach, whilst Part II shall focus on case law analysis

Assessment methods

Oral test. Attending students may discuss a case study of their own choice

Teaching tools

It should be recalled that it is required a preliminary knowledge of the EU Institution functioning and legal framework

It is also fundamental a general knowledge of the relevant legal framework as pointed out above or during the course

Office hours

See the website of Piergiorgio Novaro