PRIVATE AUTONOMY BUSINESS, WORK AND PROTECTION OF RIGHTS IN EUROPEAN AND INTERNATIONAL PERSPECTIVE

ID : 
27737
Course type : 
Dottorato
Accademic year : 
2019/2020
Positions : 
13
Grant numbers : 
10
Number of scholarships financed by institutions : 
0
Number of scholarships financed by consortiums : 
0

I candidati devono, entro la data di scadenza del presente bando, a pena di esclusione dalla procedura concorsuale, indicare il curriculum prescelto inviando una e-mail all'indirizzo autonomiaprivata@uniroma1.it

Obiettivi (versione inglese ): The PhD course in PRIVATE AUTONOMY BUSINESS, WORK AND PROTECTION OF RIGHTS IN EUROPEAN AND INTERNATIONAL PERSPECTIVE is articulated in seven curricula: LABOUR LAW IUS/07 The PhD course in Labour law wants realizes these formative aims: individual specialist researches about labour relation, trade union right and social security with a particular attention to the analysis of the law in force and to the consideration of the law evolution and of the comparatistic topics. The doctorate program includes periodic testes of the realized objects to make easier the doctors research work, organization of specialist meetings on the chosen topics with also the support of professors. TAX LAW IUS/12 The tax law is carrying into the principle of transparency, impartiality, effectivity and efficiency. The regulation of the assessment and collection activity is already oriented to the a authoritative prospective in the relation with private-taxpayers. The auspicated parity conditions between administration and taxpayers is still far but the new legislation, among the Statute of the Tax Payer, make a different behaviour of these relations impressed to the a major collaboration. So it’s interesting don’t forgetting the interests of the administration activity in this sphere and the peculiarity of the fiscal function. COMMERCIAL, COMPANY, FINANCIAL AND COMPETITION LAW IUS/04 IUS/05 The three years long PhD course aims at training the candidates to the doctor’s degree to scientific research on issues and matters included in the area of Business and Commercial Law, namely: (i) the Law of Business Enterprises, including Company Law, Commercial Contracts Law, Intellectual Property Law, Competition Law; Law of Groups of Companies;(ii) the Law of Public Supervision on Enterprises; (iii) Banking and Insurance Law;(iv) Securities Regulation and Financial Markets’ Law. Doctoral candidates are required to devote themselves to the scientific research on one or more of those issues according to the arrangement with the “doctoral college of teachers” and to complete, within three years, an original scientific work (the ‘doctoral thesis’). A great attention is given to training on classical legal thought, updating of the training through the reading of more recent works, which have made significant contributions in terms of the method of scientific inquiry, the development of ideas, the comparison with the debates in the international arena. The PhD students are also invited to practice the comparative method and encouraged to spend periods of study abroad at universities or academic institutions with which the PhD teachers have contacts. COMPARATIVE AND UNIFORM COMMERCIAL LAW IUS/02. The PhD in Comparative and Uniform Commercial Law presents innovative aspects and a qualified openness towards relationships with foreign institutions. Candidates are asked to develop individual researches on the basis of a study programme which involves as main sectors: private comparative law and its several articulations (analysis of: the comparative method, the fundamental legal traditions, the specific jurisdictions and the legal institutes); EC private law; uniform law deriving from international conventions; law arising from international contractual practices (c.d. lex mercatoria). The curriculum involves also economic and organizational studies in order to obtain the best knowledge of the legal meaning of such issues. Students are expected to investigate on those topics which come up from the actual experience of commercial law: firms and corporations, competition and market law, business to business contracts, credit and financial instruments, bankruptcy proceedings. Likewise, it is taken into account the actual evolution of the economic activities on behalf of the public sector and, therefore, of the market discipline as well as the relationships between firms and between professionals and consumers. Studies and researches of the PhD programme must deal with experiences and documentations of foreign institutions. Indeed, the PhD course is carried out through the cooperation with the institutes of the Paris I Pantheòn Sorbonne University (in particular with its Ladef Laboratorie de droit de affaires) and of the Louvain La Neuve University with which, moreover, La Sapienza University is already tight in force of an agreement concerning first degree courses. Specific initiatives involving additional foreign institutions are constantly taken into consideration. CIVIL LAW AND ITALIAN LAW HISTORY IUS/01 - IUS/19 The purpose is to prepare PhD candidates for scientific research about themes and subjects of the two scientific areas (Civil Law and European History Law). i) European private law, which, in XIX century and in the first half of the XX century, has been a law incorporated in the main codes and, in the second half of XX century, has been more and more influenced by the Anglo-Saxon common law system. ii) European private law is also studied in its historical roots. The main topics are: Intellectual Property; the interpretation of the law and of contracts; the trading, the contract resolution; the contracts based on “fiducia” (trust), medical liability and damages; business to business contracts; tort and contract. iii) Fundamental Rights, and their improvement according to the European system. iiii) The influence of European Union politics in domestic law systems. INTERNATIONAL LAW AND EUROPEAN UNION LAW IUS/13 - IUS/14 The objectives of the Course consist of providing as its primary goal a basic formation, as broad and complete as possible, in the various subjects (public international law, private international law, European Union law, international economic law, international organizations law) in which the domains of international and European Union law are articulated. Particular care will be devoted to provide participants with a good command of research methods. On this basis candidates will be guided through a more specialized formation process, in accordance with the individual research programs leading to the writing of their doctoral theses. The doctoral research course proposes to face the current challenges which the process of globalization poses to legal research, in the three basic fields of public international law, private international law and law of the European Union. In the first field, the profound transformations undergoing in the international community require an entire process of reconsideration concerning the mere concept of State sovereignty, in light of the arrival of new actors on the scene of international relations, namely non-governmental organizations (NGOs) and individuals (with the related issue of human rights). Likewise, the role of international organizations will need being reconsidered, in particular that of the United Nations, whose essential function for the ‘keeping’ of the international order (threatened by the unilateral use of force, on the one side, and by international terrorism, on the other) appears indispensable, even though it faces a critical phase which seems far from a solution. Further reflection is needed also in respect of the legal regulation of international economic relations, like international trade, as well as concerning the issues related to development law, to the regulation of situations of financial crisis and of public debt. A further issue in need of thorough analysis is the institutionalization of the judicial function, in particular through international criminal courts (such as the International Tribunals for the former Jugoslavia, for Rwanda, for Sierra Leone and, lastly, the International Criminal Court). The growing intensity of relationships between individuals and companies at a ‘transnational’ level, due to the development of international trade, to the free circulation among countries belonging to various regional organizations such as the European Union and to the increase of migrations, has increased the relevance of the traditional themes of private international law. These, as it is known, consist of the allocation of jurisdiction among the courts of different countries, the determination of the applicable law in respect of situations of a trans-national nature and the recognition and enforcement of foreign judgments. These problems are an important part of the scope of the doctoral research course, with particular attention for the solutions which they receive through international conventions and within international organizations, such as the European Union and those arisen in Latin America. A significant part of the Course is devoted to the law of the European Union. It is just the case to remind how EU law permeates, nowadays, almost every field of social life, and how, moving from an originally mostly economic and commercial perspective, it has developed, extending it scope of intervention also to those subjects which were traditionally considered as reserved for State action, such as criminal law (with reference, e.g., to the European arrest warrant). In fact, it is no longer possible to undertake legal research without placing oneself in a European if not in an international perspective. In the selection of themes for doctoral theses in international law and European Union law particular attention is devoted to the choice of topics which may prove more qualifying for the formation of the European jurist, as well as for the legal practitioner within the EU, such as, for example, those relating to the role of the case law of the European Court of Justice in respect of the free circulation of professional services. The topics which form the subject of doctoral theses are selected collectively by the board of lecturers of the Course, discussing them openly and thoroughly with the candidates, with the intent of reconciling their individual interests with the need to select topics particularly significant for the development of research and likely to involve, in so far as possible, the three different fields which fall within the scope of the Course. CIVIL PROCEDURE LAW IUS/15 Doctorate in civil procedure deals with all the fundamental themes of the matter: declaratory judgment, enforcement proceedings, interim injunctions, voluntary jurisdiction, arbitration, bankruptcy proceedings. Other subjects of the course are: general theory of legal process, administration of justice, private international law, comparative civil procedure, EU civil procedure.

Exam - written

Giorno: 19/9/2019 Ora: 14:00 Aula: L'aula sarà indicata presso l'atrio della facoltà di Giurisprudenza lo stesso giorno Indirizzo: Piazzale Aldo Moro, 5 - Roma - Facoltà di Giurisprudenza

Exam - Oral

Giorno: 25/9/2019 Ora: 09:00 Aula: L'aula sarà indicata presso l'atrio della facoltà di Giurisprudenza lo stesso giorno Indirizzo: Piazzale Aldo Moro, 5 - Roma - Facoltà di Giurisprudenza

Tests - Evaluation of qualifications

Giorno: 25/9/2019

Committee

Membri effettivi

Prof. Arturo Maresca - Sapienza Università di Roma
Prof. Enrico Elio Del Prato - Sapienza Università di Roma
Prof. Luca Di Donna - Sapienza Università di Roma
Prof.ssa Marilena Filippelli - Sapienza Università di Roma
Prof.ssa Rossella Miceli - Sapienza Università di Roma
Prof.ssa Valentina Bertoldi - Sapienza Università di Roma
Prof. Vincenzo Cannizzaro - Sapienza Università di Roma

Membri supplenti

Prof. Alessandra Lanciotti - Universita' degli Studi di Perugia
Prof. Andrea Panzarola - Università Lum di Casamassima - Bari
Prof. Domenico Mezzacapo - Sapienza Università di Roma
Prof. Ennio Maria Cicconi - Sapienza Università di Roma
Prof. Francesco Pepe - Universita' degli Studi di Sassari
Prof. Gianluca Scarchillo - Sapienza Università di Roma
Prof. Stefano Lombardo - Libera Universita' degli Studi di Bolzano

Curriculum

a) DIRITTO COMMERCIALE COMPARATO UNIFORME
b) DIRITTO COMMERCIALE E DELL'ECONOMIA
c) DIRITTO DEL LAVORO
d) DIRITTO INTERNAZIONALE
e) DIRITTO PROCESSUALE CIVILE
f) DIRITTO TRIBUTARIO
g) REALTA' E RADICI DEL DIRITTO EUROPEO

Department
Dipartimento di scienze giuridiche
Coordinator

LAURA MOSCATI (laura.moscati@uniroma1.it)

School
Scuola di dottorato in scienze giuridiche

© Sapienza Università di Roma - Piazzale Aldo Moro 5, 00185 Roma - (+39) 06 49911 - CF 80209930587 PI 02133771002