law

### **1. Historical and Constitutional Framework** **The role of public powers in promoting social and economic development within the Constitution**: the welfare state and the removal of economic and social obstacles that hinder the full development of the human person (Article 3, paragraph 2, of the Constitution). **Instruments**: fiscal authority; regulation of private and public property; regulation of private economic initiative and public oversight; public services; public spending; public entities and enterprises. **Institutions and principles**: * Private and public property, ownership structures and the powers of public authorities to shape them; * Urban planning and construction as tools of social and economic governance; * Public property; * Private economic initiative as a functional freedom right; * Fundamental principles of the tax system (tax capacity and progressivity); * Public services and public functions (state obligations and areas of private autonomy); * Public services subject to administrative regulation: education and healthcare; * Services involving business activities and public enterprises operating under legal monopoly (e.g., the nationalization of electricity and the establishment of ENEL); * Subsidies and concessions (e.g., public service concessions); * Sector-specific legal frameworks (e.g., credit sector). --- ### **2. Globalization, Economic Liberalism, and Competition** **The fiscal crisis of the welfare state and the issue of public debt**, the global affirmation of economic liberalism principles, and the globalization of the economy. **The European Union and the emergence of the regulatory state**: the legal order of the market. * The principle of competition and the prohibition of State aid as foundations of the economic order; * Economic freedoms as the rule and social protections as exceptions; * The principle of competition and economic regulation; * Services of general interest (SGI) and services of general economic interest (SGEI); * Liberalizations and privatizations; * The Stability Pact as a structural constraint on public spending and the amendment of Article 81 of the Constitution. **Institutions**: * Overview of global and supranational regulators, both public and private; * Market rules and market autonomy; * Transformation of public entities; * Privatization of public assets; * Independent administrative authorities and independent public regulation (different models, such as AGCM and ARERA); * European regulatory networks; * Overview of regulated sectors; * Regulation of services of general economic interest; * Market supervision and the autonomy of market participants (e.g., supervision of financial markets); * Technical discretion and judicial review by administrative courts. --- ### **3. The Crisis of Economic Globalization** **Geopolitical and regional military crises; the pandemic and the climate emergency**; **The return of the entrepreneurial and promotional State alongside—and beyond—the regulatory State**; **The new dimension of antitrust**; **Combatting climate change**, the framework of the Green Deal for Europe (GDE), and decarbonization policies; **The crisis of major administrative services**: the National Health Service (SSN) and public education. **Institutions**: * The golden power at EU and national levels; * New State aid rules; * **Next Generation EU**: performance-based conditional plan; * The return of political discretion; * In-house companies of the State and central administrations; * **Cassa Depositi e Prestiti** (Deposits and Loans Fund); * The new antitrust regime in light of powers introduced by Article 1 of Decree-Law No. 104 of August 10, 2023, converted into Law No. 136 of 2023; * Environmental needs as a general limit to economic activities and a primary goal of public policies in the GDE (decarbonization policies, the Climate Regulation, the Integrated National Energy and Climate Plan – PNIEC); * Regulation of local public services; * Introduction to the regulation of digital technologies and artificial intelligence (Digital Markets Act, Digital Services Act, and the AI Regulation). ---

There are no specific prerequisites.

C. Contessa, A. Lalli, Manuale di diritto amministrativo, La Tribuna, Piacenza, 2021 solo i seguenti capitoli: VII Le società pubbliche; XIV I beni pubblici; XV L’Amministrazione e l’economia: le sfide della pandemia e della sostenibilità; XVII I servizi pubblici; XXI Urbanistica, edilizia, ambiente. A. Lalli, Effetti istituzionali e strutturali dell’espansione dei golden powers, in Diritto Costituzionale, Rivista Quadrimestrale 2/2022, p.77-101 Gli studenti potranno avvalersi dei materiali didattici che saranno indicati a lezione e inseriti nella classroom del corso.

Attendance is recommended.

Students will also have the opportunity to take a written midterm exam, reserved exclusively for them, covering a portion of the syllabus. Those who pass the midterm exam will complete the oral exam on the remaining part of the syllabus during one of the exam sessions scheduled in the current academic year. If the student has prepared a legal opinion, a procedural document, or a short thesis, the content of that work will form the subject of one of the questions in the second part of the exam. The final grade will not be a mathematical average of the grades obtained in the midterm and the final oral exam. During the oral exam, the student will have the opportunity to demonstrate that they deserve a higher grade than the arithmetic mean. To achieve a pass grade (18–19), the student must demonstrate knowledge of the essential legal provisions related to the studied institutions and topics and express them in grammatically correct language. For an average grade (between 20 and 25), the student must show knowledge not only of the legal framework but also of administrative practices and at least the main judicial trends, and be able to present them with logical coherence. For a good grade (between 26 and 30), the student must demonstrate the knowledge required for the previous grade range and, in addition, show the ability to identify connections between topics and to critically evaluate judicial and scholarly interpretations. To achieve excellence (30 with honors), the student must, in addition to meeting all previous criteria, demonstrate independent judgment and originality of approach, while always maintaining consistency with positive law.

The class is held in person. Active student participation is encouraged, and students are invited to prepare oral contributions and take part in debates on the topics covered during the course.