Course teached as: A000835 - DIRITTO PUBBLICO AVANZATO 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
Examination of Italian Government role, with regard to its structure, formation, organisational principles, and functions; relationship with Parliament, Regions and European Union.
Students regularly attending classes will take the exam studying class notes, handouts.
For students who have already passed Constitutional law (special) on System of Government, a different program is provided to be decided by the professor in each case.
Other students will take the exam studying
F. Musella (a cura di), "Il Governo in Italia. Profili costituzionali e dinamiche politiche", Bologna, Il Mulino, 2019 (pp. 11-241);
"La Presidenza del Consiglio dei Ministria trent’anni dalla legge n. 400 del 1988" in http://www.governo.it/it/articolo/line-il-volume-la-presidenza-del-consiglio-dei-ministri-trent-anni-dalla-legge-n-400-del (pp. 30-52; 82-173).
Learning Objectives
The course aims to provide students with:
- the knowledge and understanding of essential aspects of the Italian Government;
- the ability to critically elaborate on the main topics of the course;
- the ability to develop a research methodology;
- the ability to read and understand the constitutional jurisprudence about the Italian Government;
- the ability to apply the constitutional principles analyzed in concrete cases.
Prerequisites
Students must have passed these exams: constitutional law;private law.
Teaching Methods
Class based teaching for an amount of 48 h. The comprehension of the link existing between theoretical knowledge and institutional dimension will be encouraged and made easier through the discussion of legal cases. Students are also invited to actively take part in the lesson solving issues drawn from texts they have previously been given.
Further information
None
Type of Assessment
The final test takes place through an oral examination designed to be a conclusive assessment of the knowledge acquired by students. Students will usually be asked to answer three questions, the first one focusing on general topics, the second and third one s focusing on more specific subjects which should be understood and explained having regard to the main concepts and principles discussed during classes. The quality of the language used by students will also be taken into account.
Course program
The course aims at studying the Government, with particular reference to the evolution of its role in the Italian legal system.
These are the main topics of the course:
1) The Government before the entry into force of the republican Constitution: from the Albertine Statute to the provisional constitutional period;
2) The Government in the republican Constitution: the flexibility of constitutional provisions related to a complex power;
3) The legal sources on Government: the provision of the law No. 400/1988, the internal regulation of the Council of Ministers, and the enduring relevance of unwritten rules;
4) Topic moments in the life of Governments (formation; crisis);
5) The internal organs of the Government and the evolution of their relationships in the last decade; the legal sources setting up Presidency of the Council of Ministers’ organization;
6) Normative powers of the Government: informal and atypical powers in the recent experience;
7) The evolution of relations between Parliament, Government, and President of the Republic in the recent experience;
8) The Government “between Rome and Brussels”: Government and European Union; the Government in the formation of the budget law;
9) The Government and local authorities: The Government and the ‘system of conferences;’
10) The prospects for reform in the framework of possible changes regarding the ‘form of government.’