The course aims to provide an adequate knowledge of the fundamental freedoms recognized by the Italian Constitution and the main supranational charters (ECHR and EU Charter of Fundamental Rights). After an introductory analysis of the methods of protection, the focus will be on the freedom of speech and the rights related to the new media. A fuller understanding of the Italian experience will be facilitated by comparative considerations.
The course aims at providing the students with the essential legal concepts to understand the substance and the limits of human rights, particularly those related with the freedom of speech, also with a view to career opportunities in the fields of journalism and publishing.
SPECIFIC AIMS:
The course aims to provide students with a general overview of the means of guaranteeing constitutionally recognised rights and freedoms, with particular reference to the freedom of speech and the way it is implemented (press, television, internet, etc.).
Specifically, the course aims to provide students with a general framework:
- a basic knowledge of the fundamental institutions of constitutional and comparative law;
- a historical framework of the process of constitutionalisation of national states, in parallel with the progressive affirmation of the protection of fundamental rights;
- an introduction to the supranational protection of rights and the so-called dialogue between courts;
- an overview of the main rights and freedoms protected by national constitutions and supranational charters, focusing in particular on those recognized in the first part of the Italian Constitution;
- an in-depth examination of the freedom of speech, its limits and its different declinations in a comparative perspective.
- a specific focus on the rights linked to new technologies and the Internet, such as the right to privacy and the right to oblivion.
LEARNING OUTCAMES
At the end of the course the student will be able to: - know and use correctly the legal-constitutional language; - integrate legal, political and historical approaches in the study of teaching topics in order to develop good critical and multidimensional analysis skills. - analyse the text of a judgment and grasp the legal issues underlying it. - Address the complexity of issues related to conflicts between fundamental rights and freedoms, making appropriate use of balancing techniques.
In order to usefully undertake the course, a basic knowledge of public law main concepts is reccomended. For students not having a legal background, the teacher could indicate some additional readings.
The professor will mainly give lectures, but teaching activities can also consist of the analysis of legislative and jurisprudence texts. Lectures will be given in Italian and will be complemented by slides. External lectures, speeches and congresses related to the discipline could be considered as part of the course. In this case, the professor will inform the students about them, during the lectures and through AulaWeb.
The attendance of the teaching activities isn't compulsory, but students attending the course will be provided with a specific programme, that will be communicated in class.
The first part of the course will be dedicated to the study of the main fundamental rights and freedoms recognised by the Italian Constitution and the main supranational Charters of fundamental rights.
The second part of the course will deal with the freedom of speech sactioned by art. 21 It. Const. This right will be examined in a historical perspective. Particular attention moreover will be given to the protection of this rights in other countries. Finally, the lectures will focus on the practical application of this right in the fields of press, television and new forms of communication (internet, social networks, etc), also in view of its implications with regard to the future of democracy itself.
All students are required to further analyze the constitutional principles debated during the course by reading:
F. Clementi, L. Cuocolo, F. Rosa, G.E. Vigevani, La Costituzione italiana - Commento articolo per articolo, il Mulino, 2018 (2 voll.).
Students attending the class will have to study for the exam mainly basing on their notes, the slides and the other documents that will be uploaded on Aulaweb during the course.
Students non attending the class will have to study for the exam basing alternatively on:
P. Caretti, Diritto dell’informazione e della comunicazione, Il Mulino, Bologna, last edition; or
S. Sica, V. Zeno-Zenchovic, Manuale di diritto dell'informazione e della comunicazione, CEDAM, Padova, Ultima edizione.
Ricevimento: Prof. Mostacci receives students by appointment to be agreed upon by e-mail at edmondo.mostacci@unige.it.
EDMONDO MOSTACCI (President)
LORENZO CUOCOLO
FRANCESCO GALLARATI
ARIANNA PITINO
The lectures are scheduled in the second term, starting February 2021.
CIVIL LIBERTIES AND HUMAN RIGHTS
Students attending the classes will have to attend some teamwork during the course, which will be taken into account for the final judgement.
The exam will be oral and in Italian.
Students of Erasmus programme (or other similar programmes scheduling only a temporary stay) are allowed, on request, to sit the exam in other languages (English and French are available).
Students should demonstrate: the knowledge of the course topics, an accurate use of the language, a suitable order in the presentation of the subjects, competence in the technical language, juridical, politicological and historical.
