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Comparative law and economics


Comparative law and economics


Anno accademico 2023/2024

Codice attività didattica
Riccardo De Caria (Titolare del corso)
Corso di studio
Laurea magistrale in Scienze amministrative e giuridiche delle organizzazioni pubbliche e private (D.M. 270/2004) [004505]
1° anno
Primo semestre
SSD attività didattica
IUS/05 - diritto dell'economia
Tipologia esame

It is highly recommended that students choosing this course have a basic understanding of public law and Eu law.
Propedeutico a

Sommario insegnamento


Obiettivi formativi

The course covers selected topical issues of (public) economic law and business law, with particular reference to Eu law and American law.

Across the different topics, the course aims at going beyond the description of existing law and case-law, in order to encourage critical reflection and discussion on what is the most preferable approach that the law should follow, from a public policy perspective.

The main goal is to foster the ability of students to engage in a critical analysis of existing and proposed regulations in the economic field, applying what they will learn in the areas covered to all other areas.

The comparative approach helps this endeavor, contributing to appreciating the relativity of regulatory approaches.

The exam is geared towards assessing this ability.


Risultati dell'apprendimento attesi

At the end of the course, the students shall:

- demonstrate knowledge and understanding of economic law that are founded upon and extend and/or enhance the ones typically associated with Bachelor’s level, and that provide a basis or opportunity for originality in developing and/or applying own ideas, also in a research context;

- be able to apply their knowledge and understanding of economic law, and problem solving abilities in new or unfamiliar environments within broader (or multidisciplinary) contexts related to their field of study;

- have the ability to integrate knowledge of economic law and handle complex issues in this domain, and formulate judgements with incomplete or limited information, but that include reflecting on social and ethical responsibilities linked to the application of their knowledge and judgements, and on the policy implications of every regulatory choice;

- be able to communicate their conclusions in the field of economic law, and the knowledge and rationale underpinning these, to specialist and non-specialist audiences clearly and unambiguously;

- have the learning skills to allow them to continue to study, not only in the field of economic law, in a manner that may be largely self-directed or autonomous.



The course is divided into 10 self-standing, but connected teaching units. To each of them is dedicated one week of teaching.

The detailed schedule is available on the Moodle platform starting from mid-September (

The main topics covered are:

  1. State intervention in the economy: rationales and modalities. Regulatory failures vs market failure
  2. The European economic constitution and its influence on national jurisdictions
  3. Elements of competition law: rationales and models
  4. Constitutional law and economics: forms of government, federalism, institutional competition, electoral systems, civil law vs commons law
  5. Regulation of financial markets and global financial crisis
  6. Blockchain, cryptocurrencies and smart contracts
  7. Commercial freedom vs anti-discrimination law / The regulation of internet platforms
  8. Online speech, sharing economy
  9. Artificial intelligence & surveillance state
  10. Student presentations


Modalità di insegnamento

9 of the 10 teaching units are offered through traditional classes, which are also based on some pre-assigned materials available on Moodle (, that the students are invited to read/watch in advanceThis will train the students in fulfilling the assignment of the exam.

Any changes will be communicated to the students on the Moodle platform ( Any other announcement to the students will also be given on Moodle (and not through other channels, such as Campusnet).

It is therefore essential and compulsory that all the students, both attending and non-attending ones, enrol on Moodle ( before the beginning of classes, to have full access both to materials, discussions and communications. Moodle will be the only official channel for any communication also during (and after) the course.

Students with special learning needs are advised to contact the teacher before the beginning of the course, to define together the learning adjustments that best suit their needs.

Occasionally, guest lecturers who are experts of a certain topic can be invited to deliver some classes along with the teacher.

In the final week, students are required to prepare a short presentation on a topic related to the course, choosing from a list of pre-determined subjects and performing some independent research. This presentation does not receive a self-standing grade but is taken into account in the final grade. No paper is required, only a powerpoint.


N.B. Students who are including this course in their career plan for 2023/24 are required to inform the teacher ( as soon as possible. This is very important for the preparation of the course.


Modalità di verifica dell'apprendimento

Written exam. It consists of one essay question.

ONLY on one date, at the end of the course (it will be communicated in class and on Moodle) attending students will be able to take an exam that is solely based on the classes. In this essay-based exam, students will be asked to comment on some excerpts of case-law and/or legislation and/or legal scholarship, making reference to the materials assigned and discussed in class.

Non-attending students in all exam sessions, as well as attending students who do not take or pass the exam based on the classes, or turn down the grade obtained in it, will be given a more traditional exam, based on the assigned textbook.

Attendance will not be registered: only students who are actually able to attend regularly will be able to pass the exam designed for attending students.

For everybody, the time available is 2 hours. Unless otherwise specified, no materials are allowed for consultation in the exam room.

The exam is administered through a special Moodle page (, in presence, in the IT classrooms of Campus Luigi Einaudi. See the instructions available in the "Materiali didattici" and on the Moodle course page,, as well as on the Moodle exam page.

Students with special learning needs are advised to contact the teacher before the beginning of classes, to define together the assessment modality that best suits their needs.


Attività di supporto

On top of the compulsory readings, other materials may be indicated, useful to acquire a deeper understanding and knowledge of the subject.

Students facing any learning difficulty can contact the teacher by email and also set an appointment in person or online.

For students with special learning needs, see the indications provided in the two previous sections.

Testi consigliati e bibliografia

An Economic Analysis of Public Law. Demos and Agora
Anno pubblicazione:  
Edward Elgar
George Dellis
the whole book
Note testo:  

For attending students who take their exam based on the classes, there is no assigned coursebook.

Each unit has its own materials, that are provided on Moodle (

For non-attending students, the required textbook is the one indicated just above.




Students who are including this course in their career plan for 2023/24 are kindly requested to inform the teacher ( as soon as possible. This is very important for the preparation of the course.


It is no longer possible to take the exam of Comparative law and economics based on the programme of Diritto comparato dell'economia by Prof. Mario Comba.

Students from past years who did not exploit the opportunity given for 2021/22 and 2022/23 are required to take the exam in English with the regular programme (for attending or non-attending students)


Finally, I would like to inform students with disabilities or SLDs that they will find some useful information respectively


and here:


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Ultimo aggiornamento: 27/09/2023 14:43
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