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REGULATION OF PRODUCT SAFETY

Academic year and teacher
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Versione italiana
Academic year
2018/2019
Teacher
SEBASTIANO RIZZIOLI
Credits
6
Curriculum
Esperto giuridico in materia di sicurezza del lavoro, ambientale e dei prodotti
Didactic period
Secondo Semestre
SSD
IUS/03

Training objectives

Main knowledge: The course aims, first of all, to describe the creation of the European single market based on free movement of products that are safe. Secondly, the course aims to provide the student with the knowledge of the EU horizontal legislative framework regarding product safety, and with the main important sectoral regulations (food, cosmetic products, medicinal products and toys).
Main abilities: During the lectures case law will be examined to develop a practical approach on the resolution of professional traineeship or practical work experience problems. It is required the ability of critical analysis of the matter leading to know properly address to products safety issues, using a cross-sectoral approach, also involving EU law as interpreted by the Court of Justice of the European Union.

Prerequisites

Good knowledge of the EU law is required, with particular regard to free movement of goods and to the related EU Court of Justice sentences.
Propaedeutic exams: Constitutional Law, Private Law institutions, European Union Law, Administrative Law.

Course programme

Lectures aim to illustrate the system of the sources of law regarding product safety, which is divided in European Union's sources and national sources (8 ore). Focus is on the analysis of the harmonization of technical rules (8 ore) and on the system of accreditation established by Regulation (EC) n. 765/2008 (4 ore) as instruments to remove obstacles to free movement of goods and to ensure product's compliance and safety. Particular attention is given to General Product Safety Directive (Dir. 2001/95/EC and d.lgs. n. 206/2005 “Codice del Cosnumo”) (4 ore), and to the main important sectoral regulations (Regulation (EC) n. 178/2002 laying down general principles and requirements of food law (6 ore); Directive 2001/83/EC on the Community code relating to medicinal products for human use and the Italian implementing measure d.lgs. n. 219/2006 (4 ore); Regulation (EC) n. 1223/2009 on cosmetics (2 ore); Directive 2009/48/EC on the safety of toys (2 ore); Directive n. 2006/42/EC on machinery (2 ore).

Didactic methods

The course consists of lectures during which the above-mentioned contents will be examined, also through the direct exam of the regulatory measures and of the main important case law.

Learning assessment procedures

Acquisition of knowledge and skills required is verified through an oral examination that aims also to asses the reasoning skills to solve practical problems encountered in the case law. Students attending lectures may take a written examination at the end of the course (so called “Appello ufficioso regolamentato”). Students are required to demonstrate the full knowledge of the main important contents illustrated during the course.
The examination is based on 3 or 4 questions: final mark represents the average mark for every answer.

Reference texts

The preparation for the final test is based on the notes taken during the lessons and on articles of scientific journals and part of monographs examined during the course. Knowledge of the main important EU and national regulatory measures examined during the lessons is required.