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.
Course Content
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.
Course Content - Last names O-Z
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.
- P. CARETTI, U. DE SIERVO, Diritto costituzionale e pubblico, Giappichelli, Torino, ultima edizione;
- P. BARILE, E. CHELI, S. GRASSI, Istituzioni di diritto pubblico, Cedam, Padova, ultima edizione;
- A. BARBERA, C. FUSARO, Corso di diritto costituzionale, Il Mulino, Bologna, ultima edizione
For students that either do or do not attend the course:
- P. Barile, E. Cheli, S. Grassi, Istituzioni di diritto pubblico, Cedam, Padova, ultima edizione;
- P. Caretti, U. De Siervo, Diritto costituzionale e pubblico, Giappichelli, Torino, ultima edizione.
The study of the course subjects presupposes, beyond the above mentioned manuals, the reading of the Constitution and of the laws illustrated in the manuals that can be found in one of the following collections:
- M. Bassani - V. Italia e altri, Leggi fondamentali del diritto pubblico e costituzionale, Giuffrè, Milano 2006;
- M. Ainis – T. Martines, Codice costituzionale, Laterza, Roma-Bari, ultima edizione;
- A. Cariola, Le leggi dell’organizzazione costituzionale, Giuffrè, Milano, ultima edizione.
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.
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 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;
- A. CARIOLA, Le leggi dell'organizzazione costituzionale, Giuffrè, Milano, ultima edizione.
Learning Objectives
Understanding:
Understanding of the sources and development of the forms of State and of Government Structure and functions of the Constitutional Bodies and of public administration; central and peripheral, regional and local. The Judiciary, autonomous territorial authorities (Regions, Provinces and Councils). The rights of freedom and its protection.
Relationships with the European Community Law
Skills:
The ability to research normative, bibliographical and case law material, pertinent and useful with regard to solving legal issues The ability to confront the principal issues that emerge at a Public-Constitutional level, starting from a correct identification of the relevant regulations.. The ability to hold and adequately select the principal meaning of such regulations as interpreted by scholars and in the case law, taking into consideration the increase in complexity of the legal sources following Community regulations.
Competences:
Sesitivity towards the role that the Constitutional view point puts forward not only in the capacity of a fundamental discipline (contingent to nearly all the other exams), but also as a useful instrument for the interpretation of Law especially with reference to the fundamental freedoms. Understanding of the constitutional values to be found in the 1948 Charter and of its lasting importance with respect to the Italian Republic; awareness of the incidence of the enacted adjustments (in particular "fair trail" and the new Fifth Chapter of the Constitution) and understanding of the complex system of connection between the Powers of the State themselves and the higher levels of Authority in the European Union. Understanding of the importance of the recognition of Constitutional control and, more in general, of the role of the Judiciary in a civil law environment.
Learning Objectives
Under standing:
Understanding of the sources and development of the forms of State and of Government Structure and functions of the Constitutional Bodies and of public administration; central and peripheral, regional and local. The Judiciary, autonomous territorial authorities (Regions, Provinces and Councils). The rights of freedom and its protection.
Relationships with the European Community Law
Skills:
The ability to research normative, bibliographical and case law material, pertinent and useful with regard to solving legal issues The ability to confront the principal issues that emerge at a Public-Constitutional level, starting from a correct identification of the relevant regulations.. The ability to hold and adequately select the principal meaning of such regulations as interpreted by scholars and in the case law, taking into consideration the increase in complexity of the legal sources following Community regulations.
Competences:
Sesitivity towards the role that the Constitutional view point puts forward not only in the capacity of a fundamental discipline (contingent to nearly all the other exams), but also as a useful instrument for the interpretation of Law especially with reference to the fundamental freedoms. Understanding of the constitutional values to be found in the 1948 Charter and of its lasting importance with respect to the Italian Republic; awareness of the incidence of the enacted adjustments (in particular “fair trail” and the new Fifth Chapter of the Constitution) and understanding of the complex system of connection between the Powers of the State themselves and the higher levels of Authority in the European Union. Understanding of the importance of the recognition of Constitutional control and, more in general, of the role of the Judiciary in a civil law environment.
Learning Objectives - Last names O-Z
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 (in particular, due process and title 5th od the Constitution), 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 a civil law law system.
Teaching Methods
Classrom: Total 72 hours
Workshops: the exercises on subjects studied in the lessons are an integral part of the course, in ways and in times scales that will bee 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.
Teaching Methods
Classrom: Total 72 hours
Workshops: the exercises on subjects studied in the lessons are an integral part of the course, in ways and in times scales that will bee defined at the beginning of the course, using decisions, acts of Parliament, Presidential decrees, act of government and other documentation available in Constitutional and Public Lae “collections” (as for instance that prepared by R. Zaccaria, CEDAM, Padova last edition). Guided visits to the Houses of Parliament, the Constitutional Court and Quirinale can be organized.
Teaching Methods - Last names O-Z
Professor led classes: 72 Total hours (including seminars)
Seminars: seminars areintegral part of the course on the topics covered in class, in the manner and times that will be indicated at the beginning of the course, through reference to judicial decisions, parliamentary acts, presidential decrees, government acts and other documents, available in the "Subsidiary" of constitutional or public law (see., eg, the one edited by R. Zaccaria CEDAM, Padua, latest edition). Guided visits to the Parliament, the Constitutional Court, the Presidency of the Republic might be organized.
Further information
None
Type of Assessment
Intermediate tests of learning: at the beginning of the course the teacher let the students know if he or she intends to cayy out intermediate tests on the parts of the program already covered, 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 under standing 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 multiple choice tests. The exam can last up to one hour. Correction will start immediately, to be followed by the oral exam. The result of the written exam will be taken into account 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.
Type of Assessment
Intermediate tests of learning: at the beginning of the course the teacher let the students know if he or she intends to cayy out intermediate tests on the parts of the program already covered, 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 under standing 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 multiple choice tests. The exam can last up to one hour. Correction will start immediately, to be followed by the oral exam. The result of the written exam will be taken into account 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.
Type of Assessment - Last names O-Z
Esame di profitto: per i non frequentanti l’esame comprende una prova scritta avente ad oggetto domande che potranno essere a risposta “chiusa” o a risposta “aperta”. La prova potrà avere la durata massima di un’ora. Si procederà subito alla correzione.
Per i frequentanti, l’esame scritto non è obbligatorio.
Midterm tests: teachers will communicate at the beginning of the course whether midterm tests will be made on subject alredy covered in classes, pursuant to art. 15, sixth paragraph, of the Regulations of the degree course, and may exempt from further examination on the parts on which the test has been made, provided that in the final examination knowledge of basic concepts related to such parts will still be required.
Final test: for students not attending class (non frequentanti) the final test will be made in writing. The test will have a maximum duration of one hour. The correction will be made in short and results will be communicated to students as soon as possible.
For students attending class (frequentanti), the test can be made orally, if student so chooses.
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.
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.
Course program - Last names O-Z
The course will focus mainly on the following issues:
- The basics of the law, with particular reference to the sources;
- The evolution of the form of state and the form of government in Italy from the Albertine Statute to the Constitution of the Republic;
- The structure and functions of the constitutional bodies (electoral body, Parliament, Government, President of the Republic, the Constitutional Court) and of the bodies of constitutional importance;
- The structure and functions of public administration (both central and local state, both the regional and local);
- The structure and functions of the judiciary (with reference to the ordinary justice than to the administration);
the structure and functions of the system of local government bodies (regions, provinces and municipalities);
- The rights of freedom and their instruments of protection;
- Relations with the EU.