0055004 - GENERAL CONSTITUTIONAL LAW

Italian

Italian

Italian

Knowledge of the of the Italian constitutional system, with particular regard to the sources of law, development of state and government, constitutional review and constitutional judgment, the structure and functions of the constitutional bodies, territorial autonomies and national law. Particular attention will be paid to constitutional guarantees, judicial power and the protection of fundamental rights.

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.

Fundamental features of the Italian constitutional system, with particular regard to the sources of law, to the development of the forms of State and government, to the structure and functions of the constitutional bodies and of the public administration, to the territorial autonomies, to the protection of fundamental rights, to the relations between the Italian and EU legal systems.

P.Caretti, U. De Siervo, Diritto costituzionale e pubblico, Giappichelli, Torino, ultima edizione.
L'apprendimento della materia presuppone, oltre allo studio del manuale, la lettura della Costituzione e delle leggi più significative illustrate dal manuale.

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. ANIS – T. MARTINES, Codice costituzionale, Laterza, Roma-Bari, ultima edizione;

One of the following, to be chosen by the student:
- A. Barbera, C. Fusaro, Corso di diritto costituzionale, Il Mulino, Bologna, last edition;
- P. Barile, E. Cheli, S. Grassi, Istituzioni di diritto pubblico, Cedam, Padova, last edition;
- P. Caretti, U. De Siervo, Diritto costituzionale e pubblico, Giappichelli, Torino, last edition.

In any case, a particularly careful study of the text of the Italian Constitution is recommended.

Knowledge: Knowledge of the sources of Italian law and development of government; constitutional review and revision; structure and functions of constitutional bodies and public administration: central, regional and local; judicial power; the territorial autonomies; the fundamental rights and their instruments of protection; relationship with the European Union system.
Capacity: Ability to address the main issues of the public-constitutional level, starting from a correct identification of the relevant legislation.
Skills: Sensibility for the role that the constitutional perspective plays not only as a fundamental disciplinary dimension but also as a necessary instrument for the interpretation, especially with reference to fundamental freedoms and the guarantee of the rights of persons. Sensitivity to the constitutional values of the 1948 Charter and their enduring character of our Republic. Awareness of the importance of the control of constitutionality and, more generally, of the role of judicial power in a civil law system. Development of an indipendent judgment and ability to apply the acquired knowledge.

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.

Knowledge
Knowledge of the fundamental features of the Italian constitutional system, with particular regard to the sources of law, to the development of the forms of State and government, to the structure and functions of the constitutional bodies and of the public administration, to the territorial autonomies, to the protection of fundamental rights, to the relations between the Italian and EU legal systems.

Capacity
Ability to deal with the main issues of the public-constitutional level, starting from a correct identification of the relevant legislation.

Skills
Sensibility for the role that the constitutional perspective plays not only as a fundamental disciplinary dimension, but also as a necessary instrument for the interpretation of law, especially with reference to fundamental freedoms and to the guarantee of human rights. Sensitivity to the constitutional values of the 1948 Charter and to their enduring character of our Republic. Awareness of the importance of the control of constitutionality and, more generally, of the role of judicial power in a civil law system. Development of an indipendent judgment and of an ability to apply the acquired knowledge.

None

None

None

Teaching through lectures, exercises and conferences.

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.

Teaching through lectures, exercises and conferences.

None

Students wishing to attend are required to register for the course through the Moodle platform within two weeks of the start of the course.
Attendance will be verified by roll call during the lessons. Maximum three unjustified absences are allowed.

None

During the course the teacher will use innovative forms of teaching in order to control the progress of learning.
Profit exam: The exam can include an intermediate written exam. However, the profit check will include an oral exam.

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.

For all students, attending and non-attending, the exams will be held in writing and oral.


Intermediate tests of learning.

Intermediate tests , concerning the parts of the program already covered during the lectures, will take place in written form and will consist of two open-ended questions, to be answered within an hour. Pursuant to art. 15, sixth comma, of the "Regolamento didattico" of Corso di laurea, such parts of the program 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.
For students who have not taken or passed the intermediate written test, the final exam initially includes a written test consisting of two open ended questions, to be answered within an hour. After that, the correction wil be made immediately and, subsequently, an oral test will take place for those who have obtainend a sufficiency assessment in the written test. In the final evaluation, the evaluation of the written test will be taken into account.


For the students who have passed the intermediate written test, the final exam includes only an oral test.

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 tothe 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 of their effects) can in any case determine a sufficient evaluation.

The course will essentially cover the following topics: the basic notions of law, with particular reference to sources of Italian and European Union law; the evolution of the form of state and government in Italy from the Albertine Statute to the Republican Constitution; constitutional review; the structure and functions of the constitutional bodies (electoral body, Parliament, Government, President of the Republic, Constitutional Court) and of constitutional relief bodies; the structure and functions of the Public Administration (both central and peripherical of the State, regional and local); the structure and functions of judicial power (with reference to ordinary and administrative justice); the structure and functions of the system of territorial autonomies; the fundamental rights and their instruments of protection; relationship with the European Union system. Particular attention will be given to the issues of constitutional guarantees, judicial power, fundamental rights.

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 and ECHR.

The course will essentially cover the following topics: basic notions of law, with particular reference to the sources of Italian and European Union law; typology of forms of State and forms of government; evolution of the form of State and government in Italy from the Albertine Statute to the Republican Constitution; structure and functions of the constitutional bodies (electoral body, Parliament, Government, President of the Republic, Constitutional Court) and of constitutional relief bodies; structure and functions of the public administration (both central and peripherical of the State, regional and local); the structure and functions of judicial power (with reference to ordinary and administrative justice); structure and the functions of the system of territorial autonomies; fundamental rights and their instruments of protection. Particular attention will be given to the issues of constitutional guarantees, of judicial power, of fundamental rights.