Course description
Public Law: basics of Constitutional Law and general principles of Administrative Law
The course focuses on all the most important issues of public law, dealing with the constitutional law profiles and the principal institutes of administrative law.
To gain knowledge of fundamentals of Italian constitutional law, also from the historical perspective and the perspective of legal scholars. To learn legal terms and interpretative methods which are typically used in Public Law, also as a tool to study its specific fields later. To develop critical thinking skills in using relevant legal texts and constitutional rulings.
The course will consist of frontal lessons (48 hours) and seminars in which the most controversial aspects of public law will be analysed.
Part I: 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 Part II 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 Part III 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 Part IV 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 The program will be the one resulting from the recommended volume and lessons.
The recommended reading and the bibliography useful for the preparation for the exam will be indicated by each professor during the Course.
Students are encourgaged to consult Aulaweb for all information.
Ricevimento: piera.vipiana@unige.it
PIERA VIPIANA (President)
SIMONA RODRIQUEZ
MATTEO TIMO
FABIO TIRIO
PATRIZIA VIPIANA
Sem: 2°
February 2019 - May 2019
INSTITUTIONS OF PUBLIC LAW B
The exam will be written and it shall consist of a written test with three questions and open answers.
With regard to Public Law R/Z (Prof. Simona Rodriquez), the examination shall consist of three oral questions.
Professors will assess, in particular, full knowledge of the matter and correct use of juridical language.
