AGRICULTURAL LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2020/2021
- Teacher
- CHIARA AGOSTINI
- Credits
- 6
- Didactic period
- Primo Semestre
- SSD
- IUS/03
Training objectives
- The course aims to make students acquire the knowledge of the discipline provided by the regulations for the primary sector, which is characterized by its transversality. The students will be able to acquire the knowledge of the specific legal framework provided by the legal system for the primary sector, which involve different branches, as constitutional law, private law, commercial law, administrative law.
The study of the topics implies a good management of all the sources involved, as well EU law and national law, the latter with a strong influence of regional law, with regard to the wide competences of Italian Regions in the field of agriculture.
Main abilities
The study of the topics implies a good management of all the sources involved, as well EU law and national law, the latter with a strong influence of regional law, with regard to the wide competences of Italian Regions in the field of agriculture. It is also required the capability for critical analysis of the matter leading to know how properly address all the critical issues, starting from the awareness of multi-level placement of the sources of agricultural law, using a cross-sectoral approach. Prerequisites
- Students are required to have a solid knowledge of the principles and fundamental rules of Constitutional Law and Institutions of Private Law (especially of the system of sources of the Italian Law).
It is mandatory having previously passed the examinations of Constitutional Law and Private Law. However, it is suggested a good knowledge of Commercial Law as well. Course programme
- The domestic constitutional sources of Agricultural Law and the new competences of the Italian Regions; EU special rules concerning agriculture under the TFEU; allocation of competences among Regions, States. To these aspects will be dedicated about 15 hours of the course.
The farmer and his enterprise: definitions, contracts, companies. The circulation of the ownership of arable land. The EU dir. 2019/633 on unfair trading practices in the agrifood supply chain. To all these aspects will be dedicated about 15 hours of the course.
Agricultural contracts as a restriction to private contractual autonomy in line with legislative development up to law no. 29/1990; the so-called "derogatory agreements" (art. 45 law no. 203/1982). To these aspects will be dedicated about 10 hours of the lectures. Didactic methods
- The Course will be developed with lectures, with the help of slides or the access to legal database. In the lectures will be examined and discussed the main EU Court of Justice and Italian Supreme Court decisions.
Learning assessment procedures
- Only the students attending the Course can choose to have a written test (if possible) at the ending of the Course, if they do not prefer to have an oral exam in an official session. The written test will be structured with, in general, three questions concerning the topics discussed during the course.
For students who do not attend the Course’s lectures, the oral examination consists of at least three questions, except the first answer shows an evident lack of knowledge; more questions shallbe asked in order to define the evaluation.
The final grade will be the average of the votes allocated to each question posed to the candidates. Reference texts
- L. Costato – L. Russo, Corso di diritto agrario italiano e dell’U.E., Giuffrè, Milano, 2015, 3-88; 335 – 581.
