Public Law for Business Lawyers

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CEU credits: 
ECTS credits: 
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Tibor Tajti

The course aims to introduce business law students those areas of public law, which closely affect business life and the comprehension of which is the token of understanding of many business law courses. No better examples can be served than those fields of law that are increasingly referred to as ‘regulation’, notably antitrust/competition law, capital markets and securities regulation, consumer or environmental protection as well as labor law and industrial relations. Though some narrower interdisciplinary topics – e.g., the role the ‘commerce clause’ played in bailing out the US banking sector during the recent Credit Crunch or the transplantability of the ideas on the division of powers and checks and balances into the corporate governance context –  will be given special attention as well.

In the light of the above, after capita selecta from comparative constitutional law, the basic features and selected business-connected problems of the mentioned regulatory laws will be focused on from a comparative perspective (e.g., the US at will doctrine and its European counterparts). Thereafter a look will be taken on the functions and limits of criminal law in business life (e.g., pyramid or Ponzi schemes-connected ones), as well as the jurisprudence of the European Court of Human Rights (Council of Europe) on the right to a fair trial (Article 6(1) of the European Convention on Human Rights) – with focus on commercial cases.

The material covered should especially be of relevance to students interested in labor, competition, consumer and environment protection laws as well as in capital markets and securities regulation.