Social sciences and humanities
Subject: DIRITTO ALIMENTARE (A.A. 2022/2023)
Unit Diritto alimentare
Related or Additional Studies (lesson)
With regard to knowledge, the aim of the course is twofold: at first to provide the students with a framework of principles and objectives of Agrifood Law, by focusing on the multilevel sources of Agrifood Law. At the same time the course will stimulate the students' interest in emerging and most current issues in the agri-food sector even in its evolutionary lines through a transversal approach and engaging the most recent case law of the Court of Justice of the European Union and the most recent official documents of the Institutions of the European Union.
With regard to skills, it is necessary to know how to apply the knowledge acquired during the course and therefore to gain the ability to reconstruct the legal and case-law framework. The capacity for critical analysis of the matter is also required leading to know properly address emerging agri-food issues starting from the awareness of multi-level placement of the sources of environmental law, using a cross-sectoral approach, also involving EU law as interpreted by the Court of Justice of the European Union, knowing how to consult and apply the official documents, particularly the most recent, of the European Union institutions.
The credits for each program activity may vary according to the updating needs as well as the learning time of the students and will be divided as follows:
General overview on the multilevel system of sources of Agrifood law: National sources, European Union and international, especially EU Agrifood sources. Distinction between Food security and Food safety also in light of the SDGs of Agenda 2030.
The fundamental principles of EU Agrifood law in the light of the case law of the EU Court of Justice. Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 and its basic definitions: Legal definition of “food business”, “food business operator”, “consumer of foodstuffs”. The safety requirements of food and feed. Risk analysis, risk management and risk communication, and general framework of the European Food Safety Authority (EFSA). From the RASFF system (Rapid Alert System for Food and Feed) to the IMSOC (System for the processing of information for official controls).
The regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers: the sales manager, the name of the food, the distinction between the between the date of minimum durability (and its valorization in the context of the circular economy) or the ‘use by’ date; the nutrition declaration; allergens etc.). Protected designations of origin, protected geographical indications and traditional specialities guaranteed (PDOs, PGIs and TSGs) in the light of the jurisprudence of the Court of Justice of the European Union. Organic production. Nutritional and health claims.
The novel foods. GMOs and general profiles of New Breeding Techniques (NBT) in the agri-food sector. Outline of the hygiene package and the HACCP system. General framework of the reg. (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls.
The course will take place on campus, compatibly with sanitary provisions and consequent measures in the Second Semester with lectures in Italian. The teaching method involves the use of multimedia supports (powerpoint). Lecture-based course, involving the use of powerpoint, in which the sources and the application profiles of EU primary law are analyzed with a multi-level transversal approach in the light of the crucial role of interpretation of the European Court of Justice and with the support of the most recent official documents of the European Union Institutions, with particular reference to the emerging sectors of Agrifood law and its evolutionary lines. Attendance is not compulsory but strongly recommended.
The exams take place over the course of the academic calendar and for each session students must register using the Esse3 platform. There are no intermediate evaluations.Exams will take place on campus, compatibly with sanitary provisions and consequent measures. The exams will take place in person, compatibly with the health provisions or particular technical needs. Oral examination of about 30 minutes, that focuses on the content of the course in the light of the educational objectives set out, through two main questions posed to the student on the issues of European Union agri-food law. The evaluation criteria of the oral examination will be aimed at ascertaining knowledge of the topics covered, the ability to connect knowledge, the mastery of the technical-legal language and the ability to deepen the topics covered by the teaching. The final evaluation will be, basically, the result of the average of the grade obtained by the student for each question, unless the failure of the exam has emerged from the beginning. Students who attend classes will be able to choose one of the two questions, carrying out an in-depth study on one of the topics covered in class. The requirement for attendance is 51% of attendance at the lessons which are counted during the period of the lessons jointly both through the physical presence in the lesson attested with signatures, and through access to the platform.
Knowledge and understanding:
At the end of the course, students will have acquired critical knowledge of the fundamental characteristics of the system of sources and of the principles of food law.
Applied knowledge and understanding:
At the end of the course, thanks to the in-depth analysis of sources and the analysis of concrete cases, students will be able to research, understand, and use food law sources and materials.
Autonomy of judgment:
At the end of the course, students will be able to use the acquired knowledge adequately and independently; they will have acquired the ability to critically analyze the subject in order to be able to correctly address emerging food problems using an engaging approach, especially the fundamental EU legislation as interpreted by the Court of Justice of the Union.
At the end of the course, students will have acquired new skills on a technical-legal level, will have increased their ability to communicate and interact with legal practitioners and will be able to - effectively and appropriately use concepts, topics and terms of food law in oral form.
At the end of the course, students will have acquired the ability to use the acquired knowledge independently and adequately for the continuous updating of their knowledge and skills.
L.COSTATO-P.BORGHI-S. RIZZIOLI-V.PAGANIZZA-L-SALVI, Compendio di diritto alimentare, 10a ed., Wolters Kluwer, Cedam, Padova, 2022, capitolo primo (paragrafi da 1 a 6), capitolo secondo (paragrafi da 1 a 6, da 9 a 15), capitolo terzo (i paragrafi 1 e,2), capitolo quarto (tutto), capitolo quinto (i paragrafi 4,5, 6 e 7), capitolo sesto (paragrafi 2,4 e 5), capitolo settimo (paragrafi da 1 a 3).
Gli approfondimenti sono da leggere.
Il testo è presente presso la Biblioteca universitaria giuridica dell’Università degli Studi di Modena.