Knowledge of the constitutional fundament of the welfare state and of the decalogue of social rights, among the field of the more complex category of fundamental rights. Structure of welfare state, especially referring to the principle of subsidiarity (“vertical” and “horizontal” subsidiarity); to the category of essential levels of civil and social services to be provided all over the national territory; to the role of third sector.
For all students (attending classes and not):
1) P. Caretti, I diritti fondamentali: libertà e diritti sociali, Giappichelli, Torino, Capitoli I, II, III, IV, V, VI, XII e XIV;
2) A. Simoncini, Le "caratteristiche costituzionali" del terzo settore ed il nuovo titolo V della Costituzione, in AA.VV., Diritti, nuove tecnologie, trasformazioni sociali. Studi in memoria di Paolo Barile, Cedam, Padova, 2003, 697-734.
Learning Objectives
In-depth analysis of legislation and constitutional principles about the welfare state and social rights, also in the light of the economic Constitution and of the process of European integration. The institutional mechanisms of functioning of the welfare state. Knowledge of the meaning, both in juridical and economic terms, of the concept of a modern welfare state. Acquiring of functional skills for workers in the third sector, also capable of providing legal consulence. Attitude to the comprehension of the law not only as a legal system, but also as a social issue.
Prerequisites
In order to sustain the exam, students must have passed: General Constitutional Law, Private Law I and II.
Teaching Methods
Frontal teaching: 48 hours (including frontal lessons and seminars, depending on the number of attending students).
Further information
None.
Type of Assessment
Each attending student is asked to prepare a brief essay on a subject agreed upon with the professor that will be discussed in class with students participation.
Periodically, the professor will recall any subject already explained in order to evaluate the knowledge of students and take the cue for in-depth analysis, even suggested from the same students.
The exam will be oral and comprehensive of all three modules. At the end of each module each student will be able to sustain an oral text with the teacher who did the teaching. The result of the text will be considered for the final evaluation.
Course program
The module will concerning the following subjects:
The well-structured category of fundamental rights.
The constitutional fundament of welfare state in our Constitution and the relative decalogue of social rights.
Legge 8 novembre 2000, n. 328, “Legge quadro per la realizzazione del sistema integrativo di interventi e servizi sociali”.
The incidence of the new Title V in the Italian Constitution in the structure of welfare state, with particular reference to the principle of vertical and horizontal subsidiarity and to the category of the essential levels of civil service to be provided on the entire national territory.
The principle legislation and its role in the third sector.