Ateneo - UPO

The course is divided into two parts. The first part focuses on gender equality in European Union law and examines the principles of equality, equal treatment and non-discrimination, with particular attention to employment, equal pay, career development, work–life balance and participation in decision-making processes.

The second part explores the development of European private law in the digital society and the impact of new technologies on private relationships and fundamental rights. It examines EU rules on data and artificial intelligence, the regulation of digital platforms and markets, cybersecurity and the risks of algorithmic discrimination, with particular attention to gender equality. Both parts include an analysis of the main decisions of the Court of Justice of the European Union and national courts.

For the section on gender equality, the relevant materials will be uploaded to the course’s Moodle platform.

For the section on European private law and new technologies: G. Smorto, A. Quarta, Diritto privato dei mercati digitali, Bologna, 2024.

The course aims to introduce students to European private law by examining the processes through which European Union law is produced, the assessment of the regulatory impact of EU measures, the incorporation of European private law into national legal systems, and the main areas affected by this regulatory activity. The course will focus on European Union measures concerning the regulation of new technologies.

Knowledge and understanding: the course aims to provide students with an understanding of the institutional characteristics and functioning of the interaction between European private law and national law.

Applying knowledge and understanding: the course aims to enable students to apply the knowledge acquired when examining and interpreting European private law texts.

Independent judgement: students will be able to apply the knowledge acquired at both the conceptual and practical levels, enabling them to engage in dialogue and discussion with legal professionals from other legal systems.

Communication skills: the course also aims to develop students’ command of the technical terminology used in an international legal environment.

Learning skills: students will become familiar with the main sources of legal information and academic literature and will learn to understand the principal characteristics of legal documents originating at the supranational level.

No prior knowledge or specific prerequisites are required to attend the course.

The course will be delivered through lectures covering the entire syllabus. Teaching will also include practical exercises and simulations designed to encourage students’ active participation and the development of independent and critical thinking. Attendance is not compulsory but is strongly recommended from the beginning of the course, as it significantly supports the learning process.Classes are held exclusively in person; online teaching is not available

Students with disabilities, Specific Learning Disabilities (SLDs), or Special Educational Needs (SEN) may request dedicated services and specific support tools by contacting the Student Careers Development and Coordination and Student Services Office and consulting the relevant page on the University website: https://uniupo.it/it/servizi/servizi-studenti-disabili-e-dsa.

After contacting the relevant University Office, students may consult the course instructor to discuss appropriate teaching arrangements and examination procedures.

The examination will be held in written form and will cover the texts listed in the syllabus. It will consist of two open-ended questions, each relating to one of the two parts of the syllabus.

To obtain a passing grade, students must answer both questions, correctly framing the issues raised and explaining their main aspects. An excellent grade will require complete, in-depth and coherently argued answers, expressed in appropriate language.

First Part – Gender Equality in European Union Law

European Union competences in the field of equality and gender equality.

European legal sources and instruments for harmonising national legal systems.

Principles of equality, equal treatment and non-discrimination.

Direct and indirect discrimination and the corresponding legal remedies.

Gender equality in access to employment and working conditions.

Equal pay and pay transparency.

Gender equality in career development.

Work-life balance.

Balanced participation of women and men in decision-making processes and corporate boards.

The role of the Court of Justice of the European Union in interpreting the principles of equality and non-discrimination.

Analysis of the main decisions of national courts.

Second Part – European Private Law and New Technologies

Development of European private law in the digital society.

European Union competences in regulating technological innovation.

The relationship between European legislation and national legal systems.

The impact of new technologies on private relationships and fundamental rights.

Regulation of personal and non-personal data.

Fundamental principles of the General Data Protection Regulation (GDPR).

Access to, use and sharing of data under the Data Act.

Regulation of the European Health Data Space.

Consent, protection of the individual and circulation of data within the European market.

Regulation of artificial intelligence and the structure of the AI Act.

The European risk-based approach to the classification and governance of artificial intelligence systems.

Transparency and oversight requirements for automated systems.

Protection of fundamental rights and liability for damage caused by artificial intelligence.

Risks of algorithmic discrimination, with particular attention to gender equality.

Contracting through digital platforms.

European regulation of digital markets: the Digital Markets Act (DMA).

European regulation of digital services: the Digital Services Act (DSA).

Platform obligations and the protection of users and businesses.

Transparency of contractual terms and content moderation.

Restrictions on anti-competitive conduct in digital markets.

Main European provisions concerning cybersecurity.

Safety of digital products and services.

Analysis of the main decisions of the Court of Justice of the European Union and national courts.

By the end of the course, students will be able to understand the interaction between European private law and national law; apply the knowledge acquired to the analysis of European legislative texts; make independent assessments at both conceptual and practical levels; use the technical terminology appropriate to an international legal environment; and identify and use the main information and bibliographical sources.

With a reasonable level of study, students will acquire an adequate understanding of the main issues relating to the regulation of the digital environment. More advanced preparation will enable them to contribute to the implementation of relevant legislation in professional contexts and to develop specialised comparative-law expertise concerning European measures in the fields of law and new technologies