Knowledge of the fundamental features of the Italian Constitutional system, with special reference to: The sources of law; The evolution of the forms of State and Government; The structure and functions of the Constitutional Bodies; The various forms of territorial autonomy recognized by the Italian Constitution; The Judiciary and the protection of Fundamental Rights; The relationship between National and EU law.
One of the following, to be chosen by the student:
- P. BARILE, E. CHELI, S. GRASSI, Istituzioni di diritto pubblico, Cedam, Padova, latest edition;
- P. CARETTI, U. DE SIERVO, Diritto costituzionale e pubblico, Giappichelli, Torino, latest edition.
- A. BARBERA, C. FUSARO, Corso di diritto costituzionale, Il Mulino, Bologna, ultima edizione
The subject requires, in addition to the text book chosen, the study of the Constitution and of the laws indicated in the text book, which can be found on the internet (through Normattiva and the other links that will be indicated by the professor) or in one of the following codes:
- M. BASSANI, V. ITALIA e altri, Leggi fondamentali del diritto pubblico e costituzionale, Milano, ultima edizione;
- M. AINIS – T. MARTINES, Codice costituzionale, Laterza, Roma-Bari, ultima edizione;
Learning Objectives
Knowledge
Knowledge of sources and the development of forms of state and government. structure and functions of the constitutional institutions and public administration: central and local, regional and municipal. The judiciary, the territorial autonomies (Regions, Provinces and Municipalities), the rights of freedom and their instruments of protection. The relations with the EU.
Capacity
Ability of research in the regulatory material, in literature and in relevant case law and use of such material for legal problems solving. Ability to address key issues that emerge in the public-constitutional area, starting from the correct analysis of the relevant legislation. Ability to consider and properly select the main interpretations of such legislation offered by doctrine and case law, also with reference to the increase in complexity of the sources as a result of the European Union legislation.
Skills
Sensitivity to the role that the constitutional perspective plays not only as a fundamental subject (which is required for almost all other examinations), but also as a necessary tool for the interpretation of the law, especially with regard to fundamental freedoms and to guarantee human rights. Sensitivity to the constitutional values of the Charter of 1948 and their enduring character founding of our Republic; awareness of the impact of constitutional amendments already in force, and sensitivity to the complex relation between powers of the National State and of the European Union. Awareness of the importance of the recognition of constitutional and, more generally, the role of the judiciary in a civil law law system.
Prerequisites
None
Teaching Methods
Lectures, seminars, conferences.
Workshops: the exercises on subjects studied in the lessons are an integral part of the course, in ways and in times scales that will be defined at the beginning of the course, using decisions, acts of Parliament, Presidential decrees, act of government and other documentation.
Guided visits to the Houses of Parliament, the Constitutional Court and Quirinale can be organized.
Further information
None
Type of Assessment
For all students, attending and non-attending, the exams will be held in writing and oral.
Optional written test reserved to students who have been attending regularly the lessons.
Intermediate tests of learning.
Intermediate tests (a written paper based on two open-ended questions, to be answered in an hour) on the parts of the program already covered during the lectures, which, pursuant to art. 15, sixth comma, of the "Regolamento didattico", may be detracted from the final exam relevant to the subjects in questions; in the understanding that knowledge of the basic concepts will be in any event required
Exams.
The exams for students not attending the course will include a written paper based on two open-ended questions, to be answered in an hour. Correction will start immediately, to be followed by the oral exam. The result of the written exam will be considered in the final marking. The oral exam cannot be taken in the case of a negative mark in the written paper.
For students attending the course the exam is only oral exam.
The evaluation will be positive if all questions will be treated exhaustively with reference also to the learning objectives.
The ability to set the legal issues submitted and that of critical reasoning on the study carried out with reference to the material available to the student will be evaluated. Particular attention will be paid to the quality of the exhibition and the competence in the use of the specialized lexicon. The descriptive knowledge, more or less extensive but without critical analysis (e.g. through the knowledge of the most relevant judgments of the Constitutional Court and their effects) can determine a sufficient evaluation.
Course program
The course will revolve around the following subjects:
the basic notions of law, with particular references to the sources;
the evolution of the forms of State and of the forms of Government in Italy from the "Statuto Albertino" to the Republican Constitution; the structure and functions of Constitutional Bodies (the Constituency, the Parliament, the Government, the President of the Republic, the Constitutional Court) and of other bodies with a Constitutional relevance;
the structure and the functions of public administrations (both central and peripheral to the State, both Regional and local)
the structure and functions of the Judiciary (with reference to both ordinary and administrative judges);
the structure and the functions of the territorial autonomous bodies (Regions, Provincies and Councils);
the right sto freedoms and their instruments of protection;
relationships with the EU.