The course aims to provide Students with the following skills: D1 – KNOWLEDGE AND UNDERSTANDING Develop the ability to understand and critically analyse the legal concept of innovation and its interaction with public, economic, and institutional processes. In particular: understand European and national sources regulating innovation (e.g., AI Act, Digital Compass, Data Act); grasp the legal meaning of innovation in constitutional, EU, and comparative law; acquire knowledge of the main models of innovation governance, including experimental regulation (e.g., regulatory sandboxes). D2 – KNOWLEDGE AND APPLIED COMPREHENSION SKILLS Provide Students with advanced competencies and methodological tools to address legal and administrative challenges linked to digital, ecological, and social transitions. In particular: apply legal principles to the analysis of innovation policies, case law, public sector reforms, and digital transformation tools; interpret complex administrative practices (e.g., innovation partnerships, start-up regimes, green transition instruments); use comparative approaches to examine innovation frameworks adopted by the EU, OECD, and non-EU systems. D3 – AUTONOMY OF JUDGMENT Develop the ability to autonomously interpret legislation, judicial rulings, administrative acts, and strategic policy documents. In particular: identify legal and institutional impacts of innovation processes; evaluate the ethical and constitutional implications of new technologies (e.g., AI, data governance, human dignity, precautionary principle); make critical use of interpretive tools to address challenges in digital administration and public innovation. D4 – COMMUNICATIVE SKILLS Discuss legal issues related to innovation governance with conceptual clarity, linguistic precision, and autonomy of judgment. In particular: present structured arguments on complex legal matters; produce written work (e.g., essays, case briefs, policy notes) on topics related to innovation and digital administration; interact effectively in academic and interdisciplinary professional settings. D5 – LEARNING CAPACITY Be able to locate, consult and critically use legal sources, scholarly literature, and institutional digital platforms (e.g., EUR-Lex, national databases) in order to conduct independent research on specific topics related to innovation law and public administration.

There are no prerequisites. It is advisable to know the main notions of Administrative Law and other pertinent or similar public law disciplines.

The course explores the role of innovation in legal and administrative processes, with particular focus on European policies for digital, ecological, energy, and social transitions. The programme is structured into 8 modules and 40 teaching units, offering a systematic and comparative analysis of the legal meaning of innovation, the normative dilemmas posed by emerging technologies, institutional governance strategies, and the ongoing transformation of public administration. Module I clarifies the legal definition of “innovation” through an interdisciplinary approach that connects social sciences, constitutional law, EU law, and domestic regulation. Module II addresses the legal dilemmas of innovation: from regulatory challenges to prudence and precaution, technological neutrality, sustainability, competition, and the impact of algorithmic systems on administrative law. Module III focuses on the economic governance of innovation, analysing the roles of the OECD, the European Union, and the Italian State, public intervention models (e.g. the Entrepreneurial State), co-governance mechanisms, and strategic tools such as golden power. Module IV is divided into two parts: the first examines innovation as an administrative function (e.g. sandboxes, funding, partnerships, legal recognition of start-ups and innovative SMEs); the second considers innovation as the modus operandi of the digital public administration (e.g. AI, cybersecurity, new digital rights and duties). Module V is devoted to financial innovation and decentralised technologies, including blockchain systems, cryptocurrencies, stablecoins, and decentralised identity frameworks, with a special focus on the EU legal framework (e.g. MiCA Regulation). Module VI examines key issues in digital health: electronic health records, telemedicine, data processing, artificial intelligence in healthcare, and legal challenges surrounding health data governance in European and comparative perspectives. Module VII is dedicated to the energy transition: legal innovation in renewable energy (e.g. green hydrogen, solar, wind), EU strategies (Green Deal, Hydrogen Strategy), and the tools of regulatory experimentation (e.g. PNIEC, NRRP). Module VIII addresses innovation ecosystems: material and immaterial infrastructures, education and research as enabling factors, smart cities and smart lands, public-private partnerships, and the legal institutionalisation (“ordinamentalisation”) of innovation. The course adopts a legal-comparative approach supported by real-world case studies (e.g. Digital Compass, AI Act, Green Deal, national and EU regulations and jurisprudence). Learning objectives: Define the legal concept of innovation and its normative boundaries Understand digital, energy, and social transitions as legal and institutional processes Analyse innovative administrative tools in light of constitutional principles Evaluate the impact of emerging technologies on public governance and fundamental rights

A textbook by A. Bartolini, Diritto dell’innovazione (Law of Innovation) is currently being prepared for publication. As soon as it becomes available, detailed guidance will be provided for its use within the course. While awaiting the publication of the textbook, the following readings are recommended to support the understanding of the key topics addressed throughout the course: L. Torchia, Lo Stato digitale [The Digital State], Il Mulino, 2023 G. Sartor, L'informatica giuridica e le tecnologie dell'informazione: corso d'informatica giuridica [Legal Informatics and Information Technologies: A Course], Giappichelli, 2022 S. Marchetti, Entry “Amministrazione Digitale” (Digital Administration), in Enciclopedia del Diritto, Tematici III, 2022 A.G. Orofino, Digital simplification, in «Il diritto dell’economia», no. 100 (3/2019), pp. 87–112 D. Diaco, Brief reflections on the legal nature of software (starting from TAR Lazio, sec. III-bis, no. 8384/2023), in https://www.giustiziainsieme.it/ M. Barberio, The use of algorithms and artificial intelligence between near future and legal uncertainty, in https://www.giustizia-amministrativa.it/ F. Tallaro, The digitalisation of the public procurement cycle, in https://www.giustizia-amministrativa.it/ M. Sforna, Ensuring algorithmic transparency and the need for human control over administrative procedures (“human in the loop”) – Note on TAR Campania, Sec. III, 14 November 2022, no. 7003, in https://www.giustiziainsieme.it/ Additional materials—including case studies, legal sources, documents, and jurisprudence—will be uploaded during the course on the MS Teams and/or Moodle platforms.

COURSE PROGRAMME Module I – The Legal Meaning of Innovation Legally researching innovation Innovation in economic and social sciences In search of a legal definition of innovation Innovation in OECD documents Innovation in European Union law Innovation in constitutional law (continued) Innovation in domestic statutory law Defining the legal boundaries of innovation Module II – Innovation as a Legal Dilemma The dilemmas of innovation Regulating, deregulating, and re-regulating innovation Prudence, dignity, and the precautionary principle Technological neutrality and the principle of innovation Sustainable development, circular economy, and territorial governance Innovation and competition The challenge of innovation for administrative law Module III – The Economic Governance of Innovation Government and public governance of innovation The role of the OECD and the Entrepreneurial State: a comparative overview The European Union of innovation and its institutional framework Co-governing innovation and the Italian case Issues, prospects, and the protection of strategic assets (Golden Power) Module IV – Administering Innovation Part I – Innovation as an Administrative Function 21. Innovation as a public administrative function 22. Experimental regulation (so-called regulatory sandboxes) 23. Public funding, grants, and innovation awards 24. Pre-commercial procurement and innovation partnerships 25. Administrative acts granting “innovative” status (pharmaceuticals, start-ups, innovative SMEs) Part II – Innovation as the Modus Operandi of Public Administration 26. Authorisations for experimentation and self-regulatory regimes (AI) 27. Administrative citizenship and technological innovation: new rights and duties; cybersecurity Module V – Financial Innovation, Blockchain and Decentralised Technologies Introduction to blockchain systems: structure, operation and legal implications Cryptocurrencies and the European regulatory framework (MiCA and beyond) Stablecoins, digital assets and decentralised identities: regulation, risks and guarantees 🆕 Module VI – Digital Health and Health Data Protection Digital health and public administration: electronic health records, telemedicine, interoperability Health data processing and data protection: GDPR, AI systems, and public sector responsibility Health data governance: European and comparative approaches, risks and safeguards 🆕 Module VII – Innovation and Energy Transition Innovation and renewable energy sources: green hydrogen, solar, wind EU legal framework: Green Deal, Hydrogen Strategy, Fit for 55 Authorisation procedures and regulatory experimentation: simplification, energy sandboxes, PNIEC, NRRP Module VIII – Technological Governance and Applied Scenarios Material and immaterial infrastructures for innovation Innovation in education: schools, vocational training, ITS, universities, third mission Territorial innovation ecosystems: smart cities, smart lands, public-private partnerships The “ordinamentalisation” of innovation: towards an integrated legal model

The course includes lectures, practical exercises, seminars, and thematic conferences. Special sessions will focus on the guided reading and analysis of normative texts, administrative acts, strategic planning documents, and judicial decisions from national and foreign courts. Audiovisual materials (videos, interviews, documentaries) will also be used to enhance understanding of the practical context of the topics covered. All teaching materials, including case studies and selected documentation, will be made available to students through the Moodle platform and/or MS Teams.

During the course, meetings will be held with Italian and international academics, judges, public officials, legal and digital innovation experts, representatives of European institutions, technical specialists, engineers, developers of emerging technologies, scientists, and scholars from public and private research institutions. Any changes to the arrangements described above, if necessary, will be communicated through the websites of the Department, the Degree Programme, and the course.

The final examination will consist of an oral examination, structured mostly in three questions. Those questions are intended to understand whether the student has acquired sufficient knowledge of the fundamental aspects of the administrative law. The evaluation criteria are: knowledge of the theme, clarity of exposition, ability to articulate technically correct language with relevant arguments and ability to synthesize. The score of the exam is expressed out of thirty. To pass the exam (18/30) the student should demonstrate sufficient knowledge of the topics and answer all questions correctly. To achieve the maximum score (30/30 cum laude), the student has to demonstrate that has acquired an excellent knowledge of all the topics covered during the course and answer all the questions correctly. In order to ensure the inclusion and integration of students with disabilities and specific learning disabilities in the University, the exam methods will also be adapted to the particular needs of students with disabilities certified in accordance with laws 104/92 and 118 /71 or with specific learning disability (DSA) certified pursuant to law 170/2010), referring to the indications provided by the University.

This course explores topics closely related to one or more objectives of the 2030 Agenda for the Sustainable Development of United Nations.