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Freie Universität Bozen

Tourismus- und Sportrecht

Semester 1 · 30161 · Bachelor in Tourismus-, Sport- und Eventmanagement · 6KP · IT


The course offers an introduction to some fundamental concepts of public law, including the legal norm and its interpretation, the relationships among norms, national and European sources of law, and the regional legal system. Building on these foundations, it then examines the principal features of public law as applied to the tourism sector: the competences of the EU; the allocation of competences between the State and the Regions; the national legal framework on tourism; different forms of tourism; the regulation of tourism-related professions; and the legal regime governing tourism in the Autonomous Province of Bolzano. In its final part, the course provides an overview of the legal system of sport, with particular attention to its sources, institutions, and regulatory framework.

Lehrende: Elisabetta Pulice, Marta Fasan

Vorlesungsstunden: 36
Laboratoriumsstunden: 18
Anwesenheitpflicht: -

Themen der Lehrveranstaltung
Main topics covered during the course: - Law and rights related to sport and tourism (introduction); - Legal norm, interpretation, and relationships between norms; - The Constitution, the judicial review of legislation, and the Constitutional Court; - The powers of the State and the Italian form of government (Parliament, Government, President of the Republic, etc.); - Sources of law at the national, supranational, and European Union levels; - Fundamental rights (with particular attention to those concerning tourism and sport) and their protection; - The regional legal system (ordinary and special regions) and the Autonomous Province of Bolzano/Bozen; - Tourism: the competences of the European Union, the State, and the Regions; the Tourism Code; sustainable, accessible, and inclusive tourism; tourism professions; and the tourism regulations of the Autonomous Province of Bolzano/Bozen; - Sport: the international, European, and national sports legal systems (e.g. the IOC, the Olympic and Paralympic Games, international, European, and national sports federations, the main Italian sports laws and institutions, etc.); sports law and public policies supporting sport in the Autonomous Province of Bolzano/Bozen; sport and inclusion; sports justice at national and international level; and doping; - Topics of student presentations, to be agreed upon during the course.

Unterrichtsform
- lectures covering the course programme, with opportunities for interactive student participation; - exercises with two main objectives: to apply in practice selected concepts from the course, and to prepare presentations on agreed topics (to be carried out as group or individual work).

Bildungsziele
Knowledge and understanding of sources of public law and their effectiveness in the domestic and EU context concept of the State and distribution of competences at horizontal and vertical level and in a European perspective the role of the European Union in the Italian public and commercial legal system fundamental institutes of the public legal system also with reference to economic studies Italian Constitution with reference to the form of government, including regions and other territorial entities, and the rights of citizens and businesses Italian tourism law, also with reference to the European Union law tourism regulations of the Autonomous Province of Bolzano/Bozen Italian sports law, also in relation to European and international law sources of commercial law notion of enterprise and company legislation concerning corporations, consortia and cooperatives. actors of commercial law (primarily consumers and companies) operating in the tourism, sports and events sector notion and regulation of the entrepreneur, with reference to both general statutes and special rules applicable to specific categories of enterprises (e.g. sports companies). Functioning of partnerships and corporations Interpretation of the sources of law, in particular the sources of tourism and sport, in the European, national and regional contexts. Ability to apply knowledge and understanding the effectiveness of legal institutions and their effects the organisational structure of public institutions and their legitimacy the constitutional principles on which the Italian legal system is based and its evaluation in relation to the European Union system the legal institutions of commercial law and their effects the critical evaluation of processes and dynamics in small, medium and large enterprises, considering, whenever possible, those active in the tourism and sports sectors real cases arising in the judicial application of rules legal institutions specific to the entrepreneur and European, state and provincial legal sources the regulation of the relationship between public and private subjects the disciplines of the sector as well as the ability to critically evaluate their impact. Autonomy of judgement finding the necessary additional information in databases, regulatory sources and scientific bibliography; Communication skills The achievement of this objective will be assessed by means of written examinations, individual and group assignments as well as the final dissertation. Learning skills ability to find and make use of information from databases, research studies, laws, regulations and standards that are applied in professional life

Bildungsziele und erwartete Lernergebnisse (zus. Informationen)
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Art der Prüfung
Examination methods for attending and non-attending students - Midterm exam (optional): multiple-choice questions on the first part (1/3) of the programme. The grade, expressed on a thirty-point scale, counts for 33% of the final mark and remains valid throughout the academic year (until September 2026). The exam date will be announced on the OLE or Teams course platform. - The final exam includes two options: Option A – if the midterm exam has been successfully completed (short exam): Written examination with open-ended questions on the remaining part of the programme (2/3) not covered in the midterm exam. The grade counts for 67% of the final mark. Option B – if the midterm exam has not been taken or passed (long exam): Written examination on the entire programme, consisting of both multiple-choice questions and open-ended questions. For all examination options, students are allowed to consult a bilingual dictionary, which must be handed to the examination board 15 minutes before the beginning of the test for the necessary checks. For attending students: Additional points may be awarded for active participation (not mere attendance) in the exercises and for the presentation of a topic during the course, as well as for active participation (not mere attendance) in the lectures. These additional points may be added only if the exam mark is sufficient (18/30). For non-attending students: Non-attending students may also agree with the course lecturer to prepare a presentation on a specific topic, which may result in one additional point. The additional point may be added only if the exam mark is sufficient (18/30). Note: Not attending the course, the exercises, and/or not giving the presentation does NOT preclude the possibility of obtaining the highest mark (30/30 cum laude).

Bewertungskriterien
- Midterm exam: multiple-choice questions graded on a thirty-point scale. The detailed scoring table indicating the correspondence between the number of correct answers and the final grade will be uploaded to the OLE or Teams course platform. - Long exam (for students who have not passed the midterm exam): The part of the exam consisting of multiple-choice questions will be graded according to a specific scoring system, the details of which - based on the number of correct or incorrect answers - will be provided on the OLE or Teams course platform. The part of the exam consisting of open-ended questions will be graded on a thirty-point scale, to which the score from the first part will be added or subtracted. The evaluation will take into account the following criteria: accuracy, completeness, and clarity of the answers; appropriate use of language (both from a legal and logical standpoint); and the ability to summarise, evaluate, and establish connections among the topics. - Short exam (for students who have passed the midterm exam): only open-ended questions. The open-ended questions will be graded on a thirty-point scale. The evaluation will take into account the following criteria: accuracy, completeness, and clarity of the answers; appropriate use of language (both from a legal and logical standpoint); and the ability to summarise, evaluate, and establish connections among the topics. - Presentations: The work (individual or in small groups) will be carried out during the exercises, and students will be allowed to use a bilingual dictionary. The presentations will take place during the course on dates to be agreed upon. In the case of group work, for assessment purposes, all group members must take part in the presentation. Evaluation criteria: accuracy and consistency of the sources, concepts, and principles used; research undertaken and level of depth achieved – additional criteria: critical analysis, comparative analysis, originality. Further details will be published on the OLE or Teams course platform.

Pflichtliteratur

The compulsory material is the same for both attending and non-attending students.

  • G. Falcon, Lineamenti di diritto pubblico, Wolters Kluwer, Milan, 15th edition, 2021, limited to the following chapters: 1, 2, 13 (excluding par. 6), 17, 18 (par. 3 only), 19, 20, 21 and 23 (excluding paras. 3 and 4), pages 531-536 and 543-549.
  • S. Baroncelli (ed.), Profili costituzionali del Trentino-Alto Adige/Südtirol. Lezioni e materiali, Giappichelli, Torino, 2015, limited to the following pages: 7 to 33; 113 to 129.
  • P.M. Vipiana, Diritto pubblico del turismo, Pacini Editore, 2020, limited to the following pages: 11 to 38; 49 to 65; 109 to 111; 112 to 123; 125 to 129; 132 to 135
  • F. Iudica (ed.), Diritto Sportivo, Giappichelli Editore, 2020, limited to the following pages: 1 to 9; 11 to 36; 39 to 50; 52 to 91

 

  • The slides that will be uploaded on the OLE platform, the legislation and the case law indicated therein.


Weiterführende Literatur

Additional materials for further study will be communicated during the course and uploaded to the OLE platform.



Weitere Informationen
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Ziele für nachhaltige Entwicklung
Diese Lehrtätigkeit trägt zur Erreichung der folgenden Ziele für nachhaltige Entwicklung bei.

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