Erasmus +
The Department of Law offers to Incoming students
- Introductory courses
- Ordinary courses
- Legal Language Courses
- Italian Language Courses
The first semester begins on 25 September 2023; the second semester begins on 19 February 2024.
Introductory courses and Italian Language Courses are pre-semester courses: their beginning is planned, for the first semester, on 11 September 2023 and, for the second semester, on 5 February 2024.
All the courses listed below are intended to be delivered in English unless otherwise specified.
A complete list of the courses included in the educational offer of the Department is available at the bottom of the page.
The course will provide an introduction to Public International Law and EU Law, where the special features of the EU integration process will be discussed and compared to those of Public International Law. The course will address the following topics: (i) historical evolution and general features of the international and the EU legal orders; (ii) international legal personality; (iii) a focus on international organizations: (a) the competences and institutional structure of the United Nations (b) the competences and institutional structure of the EU; (iv) (a) the sources of International Law; (b) the sources of EU Law; (v) implementation of International and EU Law in the Domestic Legal Orders; specifically, the Italian perspective; (vi) the responsibility for internationally wrongful acts; (vi) (a) the settlement of international disputes; specifically the role of international courts and tribunals; (b) the Court of Justice of the EU and the role of domestic jurisdictions in the implementation of EU Law; (vii) the protection of fundamental human rights in International and EU Law.
You can register yourself filling this FORM
English is the working language. However, a good knowledge of French is highly appreciated. Classes will be mainly between September and November and its schedule will be decided together. If the team is selected for the subsequent phases of the competition, further classes will be offered to help the team in preparing the new challenges.
The course aims at giving students a broad understanding of the legal measures adopted in this field of law by the EU institutions. As an introduction, the general characteristics of business organisations in Europe, as well as their main differences, will be analysed. There is no such thing as a comprehensive European company law, however, the harmonisation programme has created minimum standards in a number of areas, such as disclosure of company information, the capital of public limited liability companies, the rights of shareholders, takeover bids for public limited companies, domestic and cross-border mergers and divisions, minimum rules for single-member private limited liability companies and financial reporting and accounting. The analysis of the harmonisation programme is central to this course. Next, the case law of the European Court of Justice shall be scrutinised in detail. In a couple of landmark decisions, the Court has clarified some long pending questions concerning the freedom of establishment of companies in the EU (from Daily Mail to Polbud). Finally, the supranational business organisations, in particular the European Company (Societas Europaea) and the European Cooperative Society, are discussed. The course also incorporates recent developments, such as the newly adopted Directive on cross-border conversions and divisions, and the creation of companies fully online.
The first part of the course will address the impact of the European Convention on Human Rights on national criminal laws, with a focus on: Right to life (Art. 2); Prohibition of torture (Art. 3); Principle of legality (Art. 7); Right not to be tried or punished twice (Art. 4 Prot. 7). The second part of the course will address the developments of a European criminal policy and the interplays between EU law and national criminal law, with a focus on: (i) the lack of competence in criminal matters of European institutions under the founding Treaties; (ii) the harmonization of criminal offenses and sanctions in the European legal system; (iii) the EU third pillar under the Treaties of Maastricht and Amsterdam; (iv) the Area of Freedom Security and Justice under the Treaty of Lisbon; (v) the European Arrest Warrant; (vi) the role of fundamental rights in EU criminal law.
- Insolvency and Restructuring: the EU perspective (seminar - 3 ECTS, 2nd semester) - Professor Michael Veder
This course will familiarize students with the most important European legal texts in the area of insolvency and restructuring: the EU Insolvency Regulation, the EU Directive on restructuring and insolvency, and the recent proposal for a Directive harmonizing certain aspects of insolvency law. It will put these texts into the perspective of the Insolvency Framework that is developing in the EU.
After completing the course, students will have a thorough understanding of the way in which the EU Insolvency Regulation regulates the cross-border aspects of insolvency proceedings in the EU, and the principles on which the EIR is based, the preventive restructuring proceedings that are being implemented throughout the EU pursuant to the EU Directive on restructuring and insolvency, their underlying principles, core elements and operation in practice. Finally, students will reflect on current efforts of the European Commission to harmonize elements of the substantive insolvency laws of the Member States of the EU.
Programme:
I Introduction: the EU insolvency framework
II Cross-border aspects: the 2015 European Insolvency Regulation
1. Jurisdiction
2. Applicable law
3. Recognition and enforcement; cooperation and communication
III Preventive restructuring: the 2019 EU Directive on restructuring and insolvency
1. Introduction
a. What are preventive restructuring proceedings and how do they relate to ‘traditional’ insolvency proceedings?
b. General structure of preventive restructuring proceedings
2. Cross-class cram down: absolute or relative priority?
3. The position of equity (shareholders)
4. Group restructurings and third-party releases
IV What lies ahead: the 2022 proposal for a Directive harmonizing certain aspects of insolvency law
1. Background and process
2. Winding-up of micro enterprises
3. Directors’ duties
4. The European ‘pre-pack’
Teaching and Method of Examination:
• Classes of app. 2 hours (2x45 minutes)
• Interactive classes dealing with the theoretical framework, but from a practical perspective (drawing from, for example, case law of the CJ EU, national implementation of the 2019 Directive and application of preventive restructuring proceedings in a number of selected jurisdictions, such as the Netherlands, Germany and Italy)
• Exams will be conducted orally. If the number of enrolled students will exceed 30, the exams will take place in the form of a written test with multiple choice questions and two open questions.
Required reading:
1. European Insolvency Regulation 2015/848/UE
2. European Directive on Restructuring and Insolvency 2019/1023/UE
3. Proposal for a European Directive harmonizing certain aspects of insolvency law COM/2022/702 final.
All the legislative acts referred to are available on the website: https://eur-lex.europa.eu/homepage.html.
Before the start of the course further relevant journal articles and court decisions (notably from the CJEU) will be added to the list of the required reading materials.
- International Environmental Law (seminar - 3 ECTS, 1st semester) - Professor Malgosia Fitzmaurice
This course explores some of the most salient aspects of the expanding area of international environmental law. It examines, in particular, global environmental issues that have risen to the top of the international law and policy agenda in the wake of the 1992 United Nations Conference on Environment and Development (Rio Conference), 2002 Johannesburg World Summit on Sustainable Development and 2015 UN Goals and Transforming our world the 2030 Agenda for Sustainable Development. The course will deal with the fundamental questions of IEL: sustainable development; the precautionary principle; polluter pays principle, environmental impact assessment. It will also explore interface between international environmental law and human rights law and the rights of nature. It will also analyse a selected areas of environmental protection, such as the protection of marine environment.
The course will address the general framework of the protection of human rights in international law: (i) the multilevel protection of human beings in international law; the history of human rights and the role of the individual in the international legal system; (ii) the sources of international human rights law; (iii) the contents of human rights rules, with special reference to civil rights; basic notions of international criminal law and of international humanitarian law; (iv) the international responsibility for violations of human rights rules; (v) monitoring compliance with international human rights obligations: the role of diplomatic protection; UN Charter-based and treaty-based bodies; judicial enforcement, especially in the European system; criminal prosecution of human rights violations; civil suits against violation of human rights; and (vi) the effects of human rights rules on the Italian legal order.
During the course, 3 or 4 seminars will be convened, either by the instructor of the course or by guest lecturers. Students will be asked to prepare in advance by reading some additional materials on a specific topic touched upon during the lectures and to engage actively in the discussion in class.
The course aims to provide knowledge about international labour law and its main source, that is the International Labour Organisation (ILO). The course is structured in two parts.
In the first part, the origin and the history of ILO, which celebrated its centenary in 1919, are illustrated. Moreover, the ILO's tripartite structure and its functioning are examined. The course then focuses on the adoption of international labour standards and the ILO mechanisms to supervise their application at national level and to address their violations.
The second part of the course focuses on specific themes that form the object of international labour law. These include (i) equality and non-discrimination in the world of work, (ii) equal remuneration between men and women, (iii) the rights of persons with disabilities and (iv) forced labour. The course concludes with an analysis of the impact of international labour law through its use by courts at national and regional level.
Students are invited to engage in class discussions. Moreover, each lecture is followed by a case study, which aims to deepen their understanding and critical thinking of the course topics.
Please note that, although not included in the educational offer of the Department, the course will allow the acquisition of 3 + 3 ECTS.
Class schedule
21/11: 10.00 – 13.00 (room 2).
22/11: 10.00 – 13.00 e 14.00 – 16.00 (room 2).
23/11: 10.00 – 13.00 e 14.00 – 16.00 (aula 2).
28/11: 10.00 – 13.00 (room 2) e 14.00 – 16.00 (room 4).
29/11: 10.00 – 13.00 e 14.00 – 16.00 (room 2).
30/11: 10.00 – 13.00 e 14.00 – 16.00 (room 2).
5/12: 10.00 – 13.00 (room 2) e 14.00 – 16.00 (room 4).
6/12: 10.00 – 13.00 e 14.00 – 16.00 (room 2).
7/12: 10.00 – 12.00 (room 2).
International Taxation is the legal discipline addressing the power to tax of the states and the limits thereto when either taxpayers or the taxable assets are mobile or cross border. Such mobility might actually expose the individual or the company of the case to taxes in two or more countries, eventually suffering from multiple simultaneous taxation. The course shall illustrate to the students how to prevent this scenario and the ways and means available to minimize the overall tax burden possibly approaching the basic tax planning strategies
The course is divided into two parts.
The first one addresses the main theoretical aspects of international taxation, including the legitimation to tax by a sovereign State, the (possible) self-restraint in the exercise of this power in order to prevent international double taxation, the source and residence rules applicable to cross-border situations.
The second part focuses on the OECD and the UN Model Conventions. They will be analyzed following an article-by-article approach, with emphasis on specific provisions, such as those related to the concept of permanent establishment, residence (and domicile) for tax purposes and the notion of passive income.
In this respect, the course will also deal with the ways and means to prevent double taxation, including the use of tax credits or the exemption mechanism.
Eventually, basic tax planning schemes will be introduced to students, using the Italian legal system as a benchmark to assess their feasibility and the possible advantages determined by their actual implementation.
In the academic year 2022 - 2023 the course will be integrated with seminars and workshops, and host prominent academics from partner Universities.
- International Taxation – the Israeli Case (seminar - 3 ECTS, 2ndsemester) - Prof. Nellie Munin
Course Description
Globalization creates, illuminates and intensifies many dilemmas with regard to international taxation. While in the past, taxation used to be considered mainly a national affair, globalization necessitates coordination of policy and practice among countries, to achieve goals such as due allocation of revenues, counterfeiting tax avoidance and tax evasion, the prevention of unfair tax competition and tax system abuse for criminal and terrorist purposes.
Israel – a small country highly depending on international trade and investments, is highly exposed to these risks.
The course will examine the way Israel navigates in a global world in terms of its international taxation policy. This policy aims, on the one hand, at facilitating international trade and attracting foreign investments, while on the other hand preventing abuse of globalization by Israeli taxpayers, to avoid or evade tax payment. It will critically explore Israel's policy options and choices, introducing its use of national, regional and multilateral legal instruments to achieve its goals.
Learning format
The learning format includes interactive lectures (backed by PowerPoint presentations) and class discussions based on reading, in which students will analyze the dilemmas involved.
The course International Trade law is divided into two parts. The first and main part of the course addresses cross-border private transactions, focusing on the international sale of goods and on the various relations that arise as a result of a sales contract. Topics include: the UN Convention on the International Sale of Goods (CISG, 1980), the UNIDROIT Principles of International Commercial Contracts, Incoterms 2020, international transportation of cargo by sea and road, including the Hague-Visby Rules and the Rotterdam Rules, and the Convention on the International Carriage of Goods by Road (CMR). An important aspect of an international sales transaction is insurance for loss and damage to cargo while in transit. Since most cargo is still transported by sea, the discussion shall focus on marine insurance. Attention is further paid to the issue of dispute resolution by domestic courts, arbitration and mediation, as well as the applicable law to cross-border disputes. The second part of the course focuses on the regulatory relationship between public authorities and traders, analysing in particular the rules laid down in WTO agreements with regard, inter alia, to tariffs and duties, subsidies and countervailing measures. At the end of the course students will have a clear overview of the complexities of an international sales transaction through the analysis of international conventions and rules, legislation and case law.
- Local Authorities between Federal and Regional States (seminar - 3 ECTS, 2nd Semester) - Professor Tomàs Font I Llovet
I. General overview on local government in Europe
1. The municipalism in contemporary Europe. Evolution and perspectives.
2. The European Charter of Local Self-Government in the present time.
3. The local government in federal and regional systems. The “asymmetrical”
regionalism.
II. The local autonomy: principles and techniques.
1. Local autonomy: general clause and attribution of the competencies.
2. Democracy, transparency, participation.
3. Uniformity versus differentiation in the local territorial organization.
4. The protection and guarantee mechanisms of local autonomy: bodies and procedures.
III. Local authorities in question.
1. The municipality (and inframunicipality) and local cooperation.
2. The intermediate body: the province still under debate.
3. The metropolitan areas organization.
IV. Future prospects for local government
1. From local autonomy to the power of cities
2. The city before the State: towards a new institutional subject.
Legal relationships within the area of private law often feature connections with two or more countries, thereby displaying an international character. Private international law deals with those cases. Its rules address the challenges posed by legal diversity, with the aim of providing certainty and ensuring the cross-border continuity of the rights of those involved. In the first part of the course, a selection of private international law instruments will be examined. The focus will beon the rules enacted by the EU as regards contracts and torts, although some references will also be made to the area of family law. Topics include: (i) the object and function of private international law; (ii) adjudicatory jurisdiction; (iii) the law applicable to cross-border legal relationships; (iv) recognition and enforcement of foreign judgments; and (v) international judicial assistance. In the second part, the role of private international law in addressing modern challenges, such as corporate social responsibility and climate change, will be addressed.
- Regulatory structures in EU governance: challenges and opportunities (Cattedra Gianformaggio) - 2nd Semester, Professor Mariolina Eliantonio - course code 131953
Under definition
- Restructuring tools in comparative and European labour law (seminar - 3 ECTS, 2nd semester) - Professor R. Dalmasso
The various labour laws in Europe are linked by the directive on collective redundancies. Behind this apparent unity, national legislations have developed very specific and particular rights allowing employment contracts to be terminated for economic reasons outside the scope of the European law on economic redundancies.
This seminar will begin by examining the common standard, namely the directive on economic redundancies, and its application in European law, taking French and Italian law as examples.
It will then look at alternatives to the law on redundancies, taking French law as an example, which has developed several competing legal categories: the approved conventional severance agreement, the collective performance agreement, and also short-time working.
The course aims to familiarise students with the workings of a common law legal system, and to develop competence in legal English to an advanced level in all four-language areas (reading, writing, listening and speaking). Students are required to have a level of B2 or higher. To maintain active participation, students must participate in class exercises and discussions, submit assignments and do group work. The course is divided into two parts.
The first part addresses the essential points that students from civil law countries need to understand in approaching the study of legal English as a legal language, with a focus on the following topics: (i) legal English as part of the common law tradition; (ii) the legacy of English legal history; (iii) the doctrine of binding precedent; (iv) common law lawyers’ attitudes towards law: procedural thinking and procedural language; (v) the role of legislation and the style of law-making; and (vi) the interpretation of statutes. The second part of the course aims to improve students’ ability to read and understand legal texts, such as legal periodicals, commercial legislation, legal correspondence and other types of legal documents.
Students will improve their understanding of spoken English used to talk about legal topics in meetings, presentations, interviews and discussions. There will be the opportunity to practice speaking skills in a range of situations typical of legal practice, such as client interviews, discussions with colleagues and contract negotiations.
The course aims to provide an introduction to French legal culture. Students will discover new legal rules using appropriate language. The purpose is to situate French Law in the context of other legal systems, specially Italian law and European law, by focusing on the meaning and relativity of the transalpine legal order. The course will also address the inherent dynamic nature of French rules to cope with new societal challenges paying special attention to relevant case law and historical process. It will be organized into three parts: (1) The foundations of French Law (sources, features, distinction between objective law and subjective rights); (2) The implementation of French Law (application and interpretation); (3) The updating of French Law (from the 1804 Civil Code to the 2016 obligations reform with special focus on the drafting process).
The course is in French.
Lectures will mainly be conducted in English.
The main objective of the course is to achieve sufficient competency in legal Spanish so as to be able to develop coherent, logical, accurate and appropriate Spanish legal terminology, spoken discourse; to be able to look up and comment on legal texts in Spanish and to be able to discuss legal topics. Learning Spanish cultural legal concepts, through texts and the latest key legislation, also forms part of the course objectives. Constitutional, Civil, Criminal and Procedural Law will be studied. The classes will be held entirely in Spanish.
The Language Centre of the University of Ferrara offers several opportunities for incoming students to learn Italian, but we strongly suggest students who are enrolling at our Department of Law and who are interested in a beginners' course to join our own free intensive course. This course is specifically designed to meet their linguistic needs, while avoiding overlaps with their academic schedule. Although this course is an intensive pre-semester class, it can be regularly included in your Learning Agreement. Students passing the exam will be awarded 5 ECTS.
Availability of the course subject to a minimum of 5 registered students. Please note: you are entitled to take more than one language course, but you will earn only 5 ECTS in total.
You can register yourself filling this FORM
This course is specifically designed to meet linguistic needs of students that attend a Double-degree course and students who wish to deepen their linguistic knowledge. Although this course is an intensive pre-semester class, it can be regularly included in your Learning Agreement. Students passing the exam will be awarded 5 ECTS.
Please note: you are entitled to take more than one language course, but you will earn only 5 ECTS in total.
You can register yourself filling this FORM
The Department of Law at the University of Ferrara currently offers:
- A Single-Cycle Degree in Law, in the satellite campus of Rovigo (40 km north of Ferrara)
- A three-year Degree in Legal Services, in Ferrara
The students can also activate a traineeship.
