Course description
Public Law: basics of Constitutional Law and general principles of Administrative Law
The course focuses on all the parts of public law, that is constitutional law and the main aspects of administrative law; particular attention will be given to the issues of economic interest
The teaching aims to help students to:
recognize Italian sources of law, also with reference to international law and European Union law,
identify the forms of protection of the rights of persons,
know constitutional organs and territorial articulations of Italian State,
understand the way of working of Italian public administration.
The teaching aims also to help students to understand and use legal terminology and read normative texts and judgements of Constitutional Court
The course will consist of frontal lessons (48 hours) and seminars in which the most controversial aspects of public law will be analysed. Additional materials will be provided through the Aulaweb platform, to which it is advisable to register.
Lessons will be held in presence
Students with disabilities or DSA are invited to contact the referent of the Department of Economics for disabled students.
Legal norm and legal system - Sources of law - Criteria for the resolution of normative antinomies - Interpretation - Repeal - Reserve of law, principle of legality - Constitution - Constitutional judicial review - "Ordinary Acts" - Legislative decrees - Decrees-law - Regulations of executive - Sources of local authorities - State: concept and constituent elements - Forms of state - Forms of government, in part. parliamentary form of government.
Fundamental principles of the Constitution - Civil relations, in part. personal freedom, domicile, meeting, association - Ethico-social relationships: family discipline, right to health, right to education - Economic relations, in part. right to work, freedom of trade union, right to strike, freedom of private economic initiative, property right - Political relations, in part. voting rights and constitutional duties, in part. tributary duty - Representative democracy / direct democracy, in part. abrogative referendum.
Constitutional organization - Parliament: bicameralism, electoral systems of the Chamber and the Senate, internal organization and functioning, legislative function, address function, in part. the budget maneuver, control function - President of the Republic: election, presidential acts, presidential responsibility - Government: structure and procedure of formation, competences, governmental responsibility, in part. the fiduciary relationship with the Chambers - Auxiliary Bodies, in part. Court of Auditors - Judiciary: constitutional principles, superior council of the judiciary, ordinary judges / special judges, in part. administrative judges - Local authorities: Regions, in part. statutes and organs, organization of provinces, metropolitan cities and municipalities, regional legislative autonomy, administrative and financial autonomy of regions and sub-regional authorities - constitutional court: structure and skills in general, judgment on the constitutionality of laws, judgment on conflicts of attribution between powers of the State and between State and Regions - European Union: EU institutions, EU sources, EU policies in part. the protection of competition, the relationship between the EU and the Italian legal system, in part. during the years of the economic-financial crisis.
Elements of administrative law - Constitutional principles on public administration - Administrative organization, in part. the independent administrative authorities - Administrative activity: silence of the administrative document, administrative procedure, access to administrative documents, defects in the administrative act - Self-protection powers of the p.a. - Administrative and jurisdictional appeals - Public assets, in part. State concessions - Public contracts.
Preparation for the exam must take place on the following text:
S. Baroncelli, A. Morelli, G. Moschella, M. Tiberii, P. Vipiana, P.M. Vipiana, Lineamenti di diritto pubblico, Giappichelli, Torino, last edition.
Students are encouraged to consult Aulaweb for all information.
Ricevimento: The professor receives on Tuesday afternoon from 2,30 to 4,00 p. m., in presence at Department of political and international sciences, Albergo dei poveri, Piazzale Emanuele Brignole 3a, third upper floor or, in case of health emergency, at distance on Team "RV Ricevimento Vipiana" code to enter: wmktdhn In both cases it is better to fix an appointment by sending an e-mail to the address: patrizia.vipiana@unige.
PATRIZIA VIPIANA (President)
LUCA BALDINI
ARMANDO GIUFFRIDA
ANDREA MOLFETTA
LORENZO SOTTILE
MATTEO TIMO
FABIO TIRIO
Sem: 2°
February 2024 - May 2024
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The exam will be written, in the forms ( test, questions with open answers) indicated by the professor at the beginning of lessons.
The professor will assess, in particular, full knowledge of the matter and correct use of juridical language
