Ateneo - UPO

The course introduces students to agri-food market law, highlighting its specific features within the European multilevel legal system and its interdisciplinary nature, resulting from the interaction between agricultural regulation, market regulation, contract law, consumer protection and European Union policies.

After introducing the legal concepts of food and agricultural product, the course examines the regulation of agriculture under the Treaties of the European Union and the reasons underlying the specific regulatory framework applicable to the agri-food sector, taking into account both public and private interests.

Particular attention is devoted to the Common Agricultural Policy, its essential structure and the instruments governing agricultural markets, with specific reference to producer organisations (POs) and interbranch organisations.

The course then examines the concept of the agri-food supply chain and the legal and economic relationships among its various operators, with particular reference to supply-chain contracts and the regulation of unfair trading practices in business-to-business relationships within the agricultural and food supply chain.

A specific part of the course is devoted to the legal protection of agri-food quality, with particular reference to protected designations of origin (PDOs), protected geographical indications (PGIs), traditional specialities guaranteed (TSGs) and organic production.

The course also examines the role of consumers in the agri-food supply chain, the protection of weaker contracting parties and the regulation of commercial communication concerning agri-food products.

Finally, the course addresses the role of sustainability in the regulation of the agri-food sector, focusing on the development of European policies and legal instruments aimed at promoting the transition towards more sustainable food systems.

ATTENDING STUDENTS: may work on texts, materials, readings and judgments indicated by the lecturer during classes and/or made available on the DIR platform.
NON-ATTENDING STUDENTS: Borghi, Canfora, Di Lauro, Russo (eds.), Trattato di diritto alimentare, Giuffrè Lefebvre, Milan, 2024, 2nd ed.: Part One (Sections I, II and III), Part Two, Part Three, and Part Five, pp. 1–152; 199–416; 599–780.

The course aims to provide students with a systematic understanding of the principles and main legal institutions governing agri-food markets, highlighting the specific features of the regulation of the agricultural and food sector within the European Union's multilevel legal system.

At the end of the course, students will be able to:

understand the reasons underlying the specific legal regulation of agriculture and the agri-food sector;
identify the main European and national sources regulating the sector and understand their interaction;
understand the foundations of the Common Agricultural Policy and the main instruments governing agricultural markets;
understand the role of producer organisations and interbranch organisations;
understand the structure of the agri-food supply chain and the main legal instruments governing relationships among its operators;
understand the regulation of supply-chain contracts and unfair trading practices;
understand the main legal instruments protecting and enhancing agri-food quality, with particular reference to PDOs, PGIs, TSGs and organic production;
understand the role of consumers in the agri-food supply chain and the legal instruments protecting weaker contracting parties;
understand the main legal aspects of commercial communication concerning agri-food products;
understand the role of sustainability in the development of European regulation of the agri-food sector.

Propaedeuticities, if any: second course regulations. Prerequisites for the correct understanding of the course content: knowledge of European Union law and private law, as well as elements of commercial law (competition).

lectures (also possibly in co-teaching); practical exercises; case simulations.

Students with disabilities and/or specific learning disorders (SLD): students with disabilities and/or SLD are invited to contact the relevant University service in order to agree, where necessary, on appropriate arrangements for attending classes and taking the examination.

written essay (open-ended questions). Sufficiency level: the student must present the concepts and notions relevant to the question in a correct, coherent, and well-structured manner; use the technical terminology specific to agricultural and food markets law accurately and appropriately; demonstrate an understanding of the essential principles governing agricultural and food markets, with particular reference to the main sources of law, the operators involved in the supply chain, and the fundamental mechanisms regulating the market; address the questions posed by identifying and applying, in straightforward cases, the main relevant legal rules; and avoid digressions or excessively generic statements.
Advanced level: the student must present the concepts and notions relevant to the question in a correct, coherent, and well-structured manner, developing them through focused and relevant in-depth analysis; use specific, appropriate, and consistent technical terminology; demonstrate a thorough understanding of the legal framework governing agricultural and food markets, including the ability to identify the relationships between the different applicable sources and areas of law, establish connections between legal concepts, make comparisons and provide examples, and apply the knowledge acquired to the resolution of practical cases, including complex ones.
Insufficient level: a performance is considered insufficient where the student fails to demonstrate an adequate knowledge of the fundamental concepts relating to the legal framework governing agricultural and food markets, the main sources of law, and the essential elements regulating the supply chain and the relationships between market operators; as well as where the student is unable to identify the relevant legal rules applicable to the questions posed or to understand their role within the regulation of the agricultural and food market.

1. Agri-food law within the European legal system

The specific features of agri-food law. The multilevel nature of the regulatory framework: international law, European Union law and national law.

The main sources of agri-food law and the relationship between European and national regulation.

The legal concept of food. The concept of agricultural product and its relevance under EU law.

2. Agriculture under the Treaties of the European Union

The regulation of agriculture under the EU Treaties. The objectives of the Common Agricultural Policy and their relationship with other EU objectives.

The specific position of agriculture within EU policies and the reasons for the specific regulation of the agri-food sector.

3. The specific features of the agri-food sector

The characteristics of the agricultural and food sector and the reasons for its specific legal regulation.

Public interests: health protection, food safety and quality, environmental protection, security of supply, rural development and other general interests.

Private interests: economic freedom, protection of property and business, contractual autonomy, consumer protection and the correction of economic and contractual asymmetries.

The relationship between public regulation and private autonomy in agri-food markets.

4. The Common Agricultural Policy

Essential structure and main instruments of the Common Agricultural Policy.

Organisation and functioning of agricultural markets. Market interventions and support instruments.

The Common Organisation of the Markets in agricultural products (CMO) and its development.

5. Organisation of operators and markets

Producer organisations (POs): functions, structure and main legal instruments.

Interbranch organisations: role and functions in the regulation and organisation of supply chains.

The relationship between collective organisation of production, market functioning and competition law.

6. The agri-food supply chain

The legal and economic concept of the agri-food supply chain.

Relationships between farmers, processors, distributors and other supply-chain operators.

Economic and contractual asymmetries within the supply chain.

Supply-chain contracts: economic function and legal structure. Regulation of relationships between operators and supply-chain coordination mechanisms.

7. Unfair trading practices in the agricultural and food supply chain

The contractual weakness of agricultural and food-sector operators.

European and national regulation of unfair trading practices in the agricultural and food supply chain.

Main prohibited and regulated practices. Protection of operators and enforcement mechanisms.

8. Agri-food quality

The legal concept of agri-food quality and its function within the market.

The European system of geographical indications.

Protected Designations of Origin (PDOs), Protected Geographical Indications (PGIs) and Traditional Specialities Guaranteed (TSGs).

Regulation (EU) 2024/1143 and the new European framework for geographical indications.

Organic production and its regulatory and certification system.

Quality, reputation, economic valorisation and legal protection of agri-food products.

9. Consumers within the agri-food supply chain

The role of consumers in the functioning of agri-food markets.

Consumers as beneficiaries of legal protection and as actors influencing supply-chain dynamics.

Protection of weaker contracting parties in agri-food relationships.

Information, transparency and fairness in consumer relationships.

Commercial communication concerning agri-food products: advertising, voluntary information and claims concerning quality and product characteristics.

Unfair commercial practices and misleading communications.

10. Sustainability and the agri-food system

Sustainability as a new dimension of agri-food regulation.

The development of European policies towards sustainable agri-food systems.

The European Green Deal and the Farm to Fork Strategy.

Sustainability of agricultural and food production, consumption patterns and supply-chain organisation.

Sustainability communication and the risk of greenwashing.

The relationship between sustainability, quality, consumer protection and the competitiveness of agri-food businesses.

Knowledge and understanding

Students will acquire an advanced understanding of the principles and main institutions of agri-food market law, with particular reference to its position within the European multilevel legal system, the Common Agricultural Policy, the organisation of markets and supply chains, quality protection, consumer protection and sustainability.

Applying knowledge and understanding

Students will be able to identify and interpret the legal sources applicable to issues concerning the organisation and functioning of agri-food markets and relationships between supply-chain operators, and to apply the acquired knowledge to concrete cases.

Making judgements

Students will be able to critically assess legal issues arising in the agri-food sector, taking into account the different interests involved and the need to balance public regulation, economic freedom, protection of weaker parties, consumer protection, quality and sustainability.

Communication skills

Students will be able to present the main issues of agri-food market law using appropriate legal terminology and to formulate clear and systematic arguments connecting the different dimensions of the subject.

Learning skills

Students will acquire the methodological tools required to independently deepen and update their knowledge through the consultation of European and national legislation, case law and specialist literature.