The Course provides a "definition" of fundamental rights and defines the importance of their inclusion in Constitutions, in the European Treaty and in other treaties such as the European convention on human rights, focusing on the protection of fundamental rights: jurisdictional and non-jurisdictional mechanisms of guarantee and jurisprudence of the Constitutional Court and other European Court.
The Course is aimed at introducing students to some basic problems and techniques of fundamental rights' systems, as recognized by the different constitutional systems. This analysis will be carried out by taking into account the legal texts of reference, as well as the main decisions of Courts.
The course provide a critical understanding of the main ideas, issues and methods in the field of comparative public law and. The course provides the knowledge necessary to critically examine the legal issues concerning the field of protection of fundamental rights and freedoms. These issues will be analysed to highlight the peculiar legal issues related to the intertwining of constitutional principles, national law cases and legal constraints arising from European Union law and from the European Convention on Human Rights.
Particular attention shall be devoted both to the use of languages and to the students' skill to find juridical resources.
On completion of this course, the students should: have an improved understanding of the Italian legal system; understand how the States studied have developed and applied constitutional principles, especially in the light of processes of globalization and democratization; be able to use (constitutional) legal material from the States studied and to analyse and evaluate the relevance of this material to the Italian legal system; be able to use comparative methods to deepen and enhance any legal analysis.
Classes are delivered by means of lectures and group discussion. Students are invited to contribute by presenting personally prepared topics. Students should be proficient (almost) in written English.
The main topics covered will be:
- Introduction
- Liberty and security: limits
- Right to life and limits.
- Public order and freedom of association;
- Privacy and secrecy;
- Discrimination;
- Terrorism law
G. Rolla, La tutela costituzionale dei diritti, Milano, Giuffrè, 2014 (with the exclusion of the third part concerning economic rights);
G. Rolla, La giustizia costituzionale, Milano, Giuffrè, 2014: only the part "Materiali: (first part: par. 1-2-3-4-5 and second part: point 1).
Reading materials and learning resources will be provided at the beginning of the module and made available on AulaWeb.
Ricevimento: To set an appointment, please write to: simona.rodriquez@unige.it.; simona.rod79@gmail.com. The professor will meet with students at the Department of Law, Via Balbi 22, 3rd floor.
SIMONA RODRIQUEZ (President)
SIMONE PITTO
ALESSIA TRANFO
I semester from September, 18th to December, 7th 2017 (12 weeks)
FREEDOM RIGHT AND SOCIAL RIGHTS
The oral exam will focus on the program of the course. Students must register on line (www.unige.it) by the deadline.
Final assessment of the oral exam aims at testing the knowledge of the issues covered by the course, the appropriate use of the technical and legal language, as well as the ability to critical analyse and revise the subjects which are being studied.
