Presentation

PhD iPrivate autonomy, business, work and protection of rights in the European and international - a.a. 2024/2025
 

The Doctorate in Private Autonomy, Business, Labour and the Protection of Rights in the European and International Perspective was born from the merger of several doctoral courses, especially the civil-romanistic one, which was one of the first to combine the historical element with that of private law in the training of doctoral students. Transformed over the years, with the addition of further curricula and becoming the Doctorate in Economic and Corporate Law, International Law and Civil Procedure, the course took on its current name as of the XXX cycle, clearly celebrating its inherent comparative, European and international vocation. In this way, the skills indispensable for investigating the tension between the individual's instances of freedom and aspirations for equality are represented: between the exercise of private autonomy in all its forms and the demand for recognition and redistribution in the communities in which the person expresses himself: from the family to the enterprise, passing through the innumerable manifestations of the associative dimension. All this with an approach capable of enhancing the temporal dimension of the events analysed, as well as the comparison between different spatial contexts and attention to other social sciences. For this reason, numerous international agreements have been concluded that enable doctoral students to enhance and improve their research skills with stays abroad at important university institutions (Joint PhD Theses and International Agreements).
In addition, foreign scholars with a high scientific profile have been included in the board of teachers, which enriches the training offer in a decisive way. The doctorate also offers the opportunity, unique in Italy given the fact that Sapienza is the only Italian university in the European Law School network, to access prestigious post-doctoral positions at other partner universities (for the current academic year, for example: Humboldt-Universität zu Berlin).
Currently, the teaching staff consists of 48 eminent professors and researchers. The course has more than 60 doctoral students and is divided into six curricula: Labour Law, Tax Law, Commercial Economic Law, Comparative Private Law, Realities and Roots of European Private Law and Civil Procedure Law. The training activities offered to doctoral students, in addition to the specific courses of the individual curricula, include many common initiatives and resources, such as in particular the 50-hour Advanced Institutional Course aimed at all the curricula. Also worth mentioning are the Spring School and Fall School: two training weeks during which doctoral students are offered an overview of the main new developments of common interest by Italian and foreign lecturers.


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LABOUR LAW 12/GIUR-04
 
The PhD programme in Labour Law aims to provide the necessary skills to carry out research activities in this field, taking into account both the continuous evolution of the discipline and the profound transformations that have affected the traditional models of labour organisation in recent years, as well as the gradual move away from the protective logic that has historically characterised its approach. To this end, the activities of the subject area aim to provide an adequate in-depth study of the most topical issues, especially those relating to the regulation of the labour market, flexible types of contract and the new structure of inter-union relations, without neglecting, however, further opportunities for in-depth study of the more traditional themes of labour discipline. Although the PhD traditionally constitutes the privileged gateway to an academic career, no less important is its function of guaranteeing the attainment of specific legal skills that can be used in any sector of the labour market. 
More specifically, to this end, the training programme in question envisages the performance of specialised research of an individual nature on the topics of labour relations, trade union law and social security law, with particular attention to the analysis of current law and the consideration of evolutionary dynamics and comparative profiles.
In addition to the periodic verification of the results achieved, in order to facilitate the in-depth work of the doctoral students, the organisation of specialised meetings on the chosen topics is also envisaged with the contribution of lecturers and experts (Italian and foreign) from outside the teaching staff.
 
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TAX LAW 12/GIUR-08
 
Tax law is evolving by implementing the principles of transparency, cost-effectiveness, impartiality, effectiveness and efficiency.
The regulation of assessment and collection activities is still partly oriented towards an authoritative perspective of relations with private taxpayers. The hoped-for ‘equality of arms’ between the Administration and the taxpayer is still far from being achieved, but recent legislative interventions, including the Statute of Taxpayers' Rights, hint at a different attitude in these relations, which are now characterised by greater cooperation.
It therefore seems appropriate to reconsider and deepen this approach without forgetting the interests that underlie administrative action in these areas and the peculiarities of the tax function.
 
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COMMERCIAL AND COMPANY LAW AND MARKETS’ REGULATION 12/GIUR-02 - 12/GIUR-03
 
The PhD program pursues the objective of training PhD students in scientific research on the issues and topics included in the two mentioned disciplinary fields, namely: (i) the regulation of business activities and acts, with particular reference to the professional statutes of the entrepreneur and the commercial entrepreneur, companies, groups of companies, business contracts, intellectual property and business competition, business crisis and insolvency procedures, banking, insurance and investment contracts; (ii) the ways and means of implementation of public supervision of private enterprises (especially banking, insurance and investment companies); (iii) the public enterprise and the joint-stock company with public participation; (iii) the peculiar discipline of the banking enterprise, the insurance enterprise and financial intermediation; (iv) the representative and circulation instruments of securities wealth (securities, financial instruments). 
PhD students are also required to focus for the three-year period on scientific research activities on one or more topics identified in agreement with the “PhD program committee” in order to complete, over the three years, an original scientific work (the 'doctoral dissertation'), as well as collaterally to write scientific works of minor commitment (e.g., notes to judgments).
Particular attention is given to training on the classics of legal thought in the areas mentioned above and to the updating of this training by reading even recent works that have made significant contributions in terms of the method of scientific inquiry, development of ideas, and comparison with debates in the international arena.
Training in legal comparison and the use of the comparative method is also really important; the best PhD students, over the three-year period, are urged to study abroad, mostly at foreign Universities or Scientific Institutions with which the PhD program committee has contacts.
 
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COMPARATIVE PRIVATE LAW 12/GIUR-11 
 
The Ph.D. program related to the Comparative Private Law curriculum aims to provide candidates with the essential tools to conduct research activities on topics and problems relevant to private law under the distinctive approach of the comparative methodology. The program is designed to develop a solid theoretical basis with respect to the comparative analysis of legal systems, the dynamics of legal mutation and circulation of normative models, with specific reference to the European context, methods of comparison, and the international unification of law. 
The curriculum will offer specialized training activities in addition to those common to all PhD candidates, enhancing the interdisciplinary approach that characterizes the subject. This will include the involvement of external faculty members to enrich the academic experience.
Ph.D. students will have the opportunity to regularly discuss their research progress with the board of professors throughout the three years with a focus on completing their final dissertation. They will also engage with the broader academic community through publications, as well as participation in seminars and conferences.
 
Study and research periods at foreign universities and research institutions will be encouraged to further enhance the academic development of the candidates.
 
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CIVIL LAW AND HISTORY OF EUROPEAN LAW 12/GIUR-01 - 12/GIUR-16 
 
The curriculum “Reality and Roots of European Private Law” (Realtà e radici del Diritto Privato Europeo), aims to offer a solid and complete preparation for scientific research, in the subjects of the two scientific-disciplinary sectors, Private Law, with a focus on the European perspective, and the history of European Law. To achieve this objective, a broad training program has been developed, which includes: (i) the study of European Private Law, contained in the main codes issued between the 19th century and the first half of the 20th century, which has increasingly been influenced, since the end of the Second World War, by Common Law systems and the normative activity of international and supranational legal systems; (ii) the study of the main institutions from a diachronic perspective (Property Law, new forms of property, intellectual property and competition, interpretation of the contract, sale and purchase, contracts based on trust, breach and termination of contract, early breach, business to business contracts, information asymmetry, the various forms of civil liability and in particular the aspects of medical negligence, damage, contractual and extra-contractual); (iii) the rights and interests protected by the rules, their transformation and the importance assumed by the so-called fundamental rights. The multiplication of requests for protection and the availability of different protection venues, at European and international level; (iv) the process of European integration, through the recognition of the areas in which the Community discipline and its implementation in the Italian legal system has affected the relationships between private individuals and between private individuals and the Community legal system (areas relating to consumer and professional contracts, competition between companies, corporate governance, financial markets, civil liability, natural and legal persons, family, etc.); (v) the study of the aspects of convergence in the evolution of European legal systems, also and above all outside the areas subject to harmonization, through the analysis of the general principles, jurisprudential orientations, common terminological and conceptual apparatuses that concern the subjects pertaining to Private Law. PhD students are required to dedicate themselves for the three-year period to scientific research activities on one or more topics identified in agreement with the teaching staff and to complete, within the three years, an original scientific work. Particular attention is paid to training in the classics of legal thought, and to updating through the reading of recent or very recent works that have made significant contributions to the methodological level of scientific investigation and the development of ideas. Born as a training program of supranational scope, training in legal comparison is taken care of; the doctoral students are encouraged to undertake, during the three-year period, study visits abroad, at foreign universities or scientific institutions. Finally, as every year, seminar activities and lessons held by professors from prestigious European and American universities are planned.
 
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CIVIL PROCEDURE LAW 12/GIUR-12 
 
Objectives of the course are the study of issues specific to Civil Procedural Law. The current doctoral course will pay special attention (especially about their compatibility with constitutional guarantees in the area of judicial protection of rights) to the legislative innovations that have affected our subject, such as the numerous amendments to the Code of Civil Procedure, as well as the reform of competition procedures.
In terms of training, the Ph.D. in Civil Procedural Law is aimed at training scientific researchers with a broad general culture and therefore with great flexibility regarding any future choices, but it is equally aimed at providing the highest preparation for any legal-legal professional field. The main objective of the course is the refinement of doctoral students' research skills in the field of interest of the course, in order to obtain qualitatively qualified research products from doctoral students.
The pursuit of the objectives requires doctoral students, in addition to the possession of a cultural base appropriate to the topics covered by the course, to engage in continuous research activities both individually and collectively. To this end, seminars for study and discussion of course topics are periodically organized.
 



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