Sep 13, 2008

PhD in European Company and Institutional Legal Culture

Doctorate school in Law (European company and institutional legal culture)
XXIV cicle - year 2009

General information
Organization: Dipartimento di Scienze Giuridiche
Scientific Areas IUS/18, IUS/20, IUS/09, IUS/02, SPS/02, IUS/01, IUS/04, IUS/15, IUS/07, SECS - P/06, IUS/17, IUS/08, IUS/12, IUS/13, IUS/14, IUS/10, MED/43
Lenght 3 years

Positions 8 positions available - 4 scholarships
Course venue MO
Website http://www.dipgiur. unimore.it/ on-line/Home/ DottoratidiRicer ca/ScuoladiDotto ratodiRicerca. html

Director/Coordinator prof. Luigi Foffani
luigi.foffani@ unimore.it
Expiration date 30/10/2008 13.30.00

Documents and announcement
* Download the Call for admission [RTF format] - [PDF format] (http://www.unimore. it/Bandi/ Archivio/ 08DR249Dottorati 24EN.pdf)

Description
The School enhances three sectors which are very qualifying the juridical experience and training, and especially the history of European juridical culture and pluralism of law systems, the relationship between business contracts and institutional or jurisdictional dimension of public rules (so sanctionative too). Unlike during traditional PhD Courses, that are mostly monodisciplinary, the participants of our PhD School will receive an interdisciplinary teaching which will be developed commonly for all summoned sectors; unless every one of them will follow a special task, as historical-cultural or private or public law one.

On the other hand, the teaching skills would not only make a summons of different cultural areas. On the contrary, the most important significance of the School is to offer an integrate training, at a superior level, which should be able to enhance the
transversal profiles of different areas: so it purports not to train the PhD student of Business Law, Roman Law, or Criminal Law, or international Law, but to guide him/her towards a path at a superior level than that of University studying, deepening his/her methodologies, skills, law sources or literature or jurisdiction knowledge, which all come from the different areas represented among the three.

The Professors of Modena who are most interested in an interdisciplinary teaching and the involved external or foreign teachers, would so provide the specific background for a common teaching, of both technical-normative and historical-cultural kind. Every sector course will then put on a specific teaching, even more oriented to specific subjects. Moving from actual problems connected with European Law unification, or else with the searching for common hermeneutical models, the curriculum Pluralismo di ordinamenti e scienza giuridica (taking an historical, comparative and philosophical point of view) focuses on phenomena of pluralism of Law Systems, in their special characteristics and relationships, for a better understanding of assets and difficulties in actual transnational juridical dimension, in order to find guidelines for the future.

The roman Law experience from preclassical and classical period shows a paradigmatic model for pluralism of Law Systems. The historical-comparat ive research could take us to a critic evaluation of preset Law System in their differences and divergences. The philosophical searching take interest in the problematic aspects related with
behaviours conformity to Law and application of Law in a pluralistic sphere. From a complementary point of view, the study of both ancient and modern Law theories, can give an effort to regain a European common Law science, and also to revaluate a role for jurist that would not be only influenced functionalistic policies.

The curriculum Impresa e contratti is represented by teaching of private, commercial, labour, and civil process Law, and it is supposed to be an essential task for the deepening of major thematic concerning the world of socio-economical relationships: in particular phenomena such as business industrial activities and commercial or financial relations, working trusts, also with a point of view interested in the jurisdictional and trial profiles. The themes will essentially be developed regarding with private patrimonial Law (obligations, contracts, civil torts), business commercial Law (“new� corporate regulation, financial market rules, competition Law, international corporations) , bank ruling Laws, and work and trade unions Law.

Special attention will be played to the institutions that are intended to rule the business activity, mostly in corporate organizations, in order to understand their profiles about activity, organization, financing, contractual and not-contractual instruments; also the most important jurisdictional problems as related with such sectors: national international and EC Law, linking to national and international arbitration rules.

The curriculum Diritto pubblico e giurisdizioni trnasnazionali (Public Law and transnational jurisdictions) will analyze the law profiles about institutions and legal sources, public, but then private too. It will be also inspected the trial and
sanctions provided for the safeguarding of fundamental rights, because the institutional dimension of the phenomenon gives a political and historical burden to the regulations and could build a direct link between itself and the rule and sanctions system. As resulting from international jurisdictions, European Communinty Court of Justice, European Court for Human Rights, or the international penal Court, or else from the organization of ordinary and constitutional justice, from stare decisis principle inside legal sources and so on, the system of fundamental rights, of private rights, EC sources and criminal provisions all find, nowadays, its qualifying point into the network between national jurisdiction, EC jurisdiction, and internationalizatio n process.

All these are inserted inside a process of "legal integration" (Reschtsintegration , intégration Juridique, legal integration, integración juridical), whose meaning shall be integration between legal systems as a necessary condition for a political and cultural realization of Europe. The specific teaching (constitutional Law, criminal Law, international Law etc.) will lead not only with the special training but also with these aspects which are transversal to all School matters.

More information
* Segreteria studenti Dottorati di ricerca - Esami di stato - Master
via Università , 4 - 41100 Modena
tel: 059 2056423 - fax: 059 2056574
e-mail: segr.postlaurea@ unimore.it
Ricevimento telefonico: dal lunedì al venerdì dalle 9.30 alle 11.00
Ricevimento allo sportello: lunedì e mercoledì dalle 15.00 alle 17.00; martedì,
giovedì e venerdì dalle 11.00 alle 13.30

Source: http://www.unimore. it/en/Academics/ doctorate. html?id=21


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