B014437 - CONSTITUTIONAL LAW OF NON-PROFIT SECTOR

Italian

The course provides students with a structured knowledge of fundamental rights in their legal and jurisprudential perspective, starting from the historical origin to the current constitutional protection system.
While fostering critical thinking, the course offers an overview of different theoretical reconstructions concerning fundamental rights also in a comparative perspective, through European and international jurisdictions. The effects of the technological evolution will be also explored.

ATTENDING STUDENTS
They will be able to take the exam on the notes, and on the materials distributed during the course (through MOODLE platform). It is recommended as a textbook: P. Caretti, G. Tarli Barbieri, I diritti fondamentali: libertà e diritti sociali. V ed., Torino, Giappichelli, 2021 (forthcoming).
The study must be integrated with the examination of judgments handed down by the Italian Constitutional Court and European Courts. As a general rule, attending students are requested to find statutes, judgments and other sources of law indicated by the professors during the lectures.

In addition, for the special part: A. Cardone, “Decisione algoritmica” vs decisione politica. A.I., Legge, Democrazia, Editoriale Scientifica, Napoli, 2021.

NON-ATTENDING STUDENTS
For the preparation is essential the textbook: Paolo Caretti, Giovanni Tarli Barbieri, I diritti fondamentali: libertà e diritti sociali. V ed., Torino, Giappichelli, 2021 (forthcoming).
In addition, for the special part: A. Cardone, “Decisione algoritmica” vs decisione politica. A.I., Legge, Democrazia, Editoriale Scientifica, Napoli, 2021.

Knowledge related to the system of protection of fundamental rights, with regard to both the origin and historical evolution and the current structure, with reference to the rules and methods of Constitutional, European and International protection.
Ability to identify the main legal issues related to the protection of rights and to address the main constitutional aspects concerning the protection of freedoms.
Ability to search for relevant legislative, bibliographic and jurisprudential material and their use for the purpose of setting up legal problems.
Ability to adequately select the main interpretations of the reference legislation which give doctrine and jurisprudence, also with reference to the increasing complexity of sources of law as a result of European and international legislation.
Critical understanding of the main issues Critical understanding of the main issues of the system of protection of fundamental rights, its evolution, its problematic aspects and the various doctrinal and jurisprudential orientations.
Critical understanding of the main issues of the impact of technological innovation on fundamental rights and freedoms.

Constitutional law (General) and Private law shall be already taken.

Teaching takes place through:
a) face-to-face lectures;
b) case studies;
c) seminars and conferences.
The case studies will concern judgments and may take place with the teaching method of the debate and the flipped lecture and are aimed at familiarizing with:
- the fundamental principles of Italian Constitutional law;
- jurisprudential disputes on constitutional matters;
- apply constitutional principles to real cases.

Students wishing to attend must register on the platform MOODLE.
For the purpose of assigning the final thesis, optional exams are required: Advanced constitutional law; Regional law. A good knowledge of the English language is recommended. Priority will be given to students who have attended the course.

The exam will take place for all students, attending and non-attending, in oral form. For attending students, grades will be based on a combination of class participation and oral exam. For attending students, grades will be based on the ability of the candidate to demonstrate knowledge and critical understanding of the notions and information that can be acquired from the textbook, also considered in a historical context, with particular reference to legislation and caselaw.
The oral exam will consist of three questions: one on the history and theory of fundamental rights; one regarding the description of one liberty or right and the general aspects of rights protection; one on the topics covered in the final part of the course (special part).
The evaluation will be expressed in thirtieths according to the following voting ranges:
-18/23: the student shows sufficient knowledge of the topics and does not make gross mistakes or has no serious shortcomings;
- 24-26: in addition to the above requirements, the student shows a good knowledge of the topics, organizes a good quality speech, demonstrates an adequate lexicon and linearly exposes the arguments.
- 27-30: in addition to the above requirements, the student answers brilliantly with critical ability, knows how to make connections and links between topics, demonstrates that he/she knows not only the constitutional principles of reference but also the most relevant constitutional jurisprudence.
So the assessment will allow to pass the exam if the answers are fully sufficient and no gross errors or gaps emerge. The evaluation will be excellent if the answers are exhaustive also with reference to the relevant constitutional principles and relevant jurisprudence. The following profiles will also be taken into consideration: ability to discursively organize knowledge, critical reasoning skills, quality of exposure, competence in the use of specialist vocabulary, effectiveness and linearity of exposure. Descriptive knowledge, more or less extensive, but without critical analysis and without references to the constitutional and jurisprudential context, can only determine a sufficient evaluation.

The course aims at deepening the knowledge of fundamental rights, considered in their normative (constitutional and ordinary) regulation and in jurisprudential living law.

The first part of the course (general part) concerns the framework of fundamental rights from a theoretical point of view, through the reconstruction of the various doctrinal positions on the subject and the different protection models also in a comparative perspective; analysis of the historical evolution of the models for the protection of fundamental rights, starting from the discipline of the Albertine Statute up to the Republican Constitution; the analysis of protection mechanisms (rigidity and constitutional law review, rule of law, judicial protection, with particular attention to the principle of equality and the jurisprudential techniques of balancing rights); the supranational dimension of protection, with particular reference to the system of the European Convention on Human Rights and Fundamental Freedoms and to the protection system provided for by the European Union.

The final part of the course (special part) will focus on political freedoms and freedom of expression in the context od technological development, with particular regard to the effects on the form of state.

This teaching contributes to the realization of the UN objectives of the 2030 Agenda for Sustainable Development.