OVERVIEW

AIMS AND CONTENT

LEARNING OUTCOMES

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.

AIMS AND LEARNING OUTCOMES

A first knowledge of fundamentals of Italian constitutional law, also from the historical perspective and that of legal scholars. To learn legal terms and interpretative methods which are typically used in Public Law. To develop critical thinking skills of legal texts and constitutional rulings.

TEACHING METHODS

The course will consist of frontal lessons (48 hours) and seminars in which the most controversial aspects of public law will be analysed and discussed

The course is going to be tought as follow:

24 hours Prof.ssa Arianna Pitino

24 hours Prof.ssa Maria Angela Orlandi

If the Covid-19 Emergency is not overcome next February 2021 the teaching is going to take place through the TEAMS platform or, whether possible, in a mixed mode in presence/online. 

All informations are going to be published on Aulaweb 2020/21. 

SYLLABUS/CONTENT

Part I:

Legal norm and legal system - Sources of law - Criteria for the resolution of normative antinomies - Interpretation - Repeal - Reserve of law, principle of rule of law - 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.

RECOMMENDED READING/BIBLIOGRAPHY

- The main book is G.F. Ferrari, L. Cuocolo, O. Pollicino, A. Vedaschi, (a cura di), Diritto Pubblico, Egea ed., 2019.
- Italian Constitution (download it from www.quirinale.it, available in different languages other than italian);

- Students have to consult Aulaweb for all information and materials.

Students whose mother tongue is not italian (for ex. Erasmus students and other foreigners) may prepare the exam by studying one of the following books (after consulting with the professors of the course):

T. Groppi, A. Simoncini, Introduzione allo studio del diritto pubblico e delle sue fonti,Giappichelli, 2019 (italian book)

or

G.F. Ferrari, Introduction to Italian Public Law, Giuffrè, 2018 (english book)

TEACHERS AND EXAM BOARD

Exam Board

MARIA ANGELA ORLANDI (President)

ARIANNA PITINO (President)

PATRIZIA VIPIANA

LESSONS

LESSONS START

Second semester.

Check on aulaweb for time schedule and first lesson's date. 

Class schedule

PUBLIC LAW D

EXAMS

EXAM DESCRIPTION

As long as the COVID-19 emergency remains, the exam will take place as follows:

STUDENTS ATTENDING CLASSES

1 mid-course exam (sequential QUIZ of 10 multiple choice questions) and 1 end-of-course exam (sequential QUIZ of 10 multiple choice questions) + ORAL (one question, only with the parts of the program that have not been the subject of the QUIZ)

The passing and the grade of the exam will be determined by the average of the marks obtained in the two QUIZ and in the oral exam.

For attending the oral exam it is necessary to have obtained in the two quiz an average grade not less than 15/30.

Students who do not pass the exam as described above, will repeat it in the manner provided for non-attending students.

STUDENTS NON ATTENDING CLASSES

Sequential quiz (20 questions) multiple choice + ORAL (two questions).

The sequential QUIZ (20 questions) and the oral exam include the entire exam program.

The dates of the appeals and the methods of registration remain unchanged.

For further details, please refer to Aulaweb and TEAM

ASSESSMENT METHODS

Professors will verify mostly the knowledge of the fundamental apsects of public law and the correct use of juridical language.  

Exam schedule

FURTHER INFORMATION

During the summer session everybody who fails the exam will not be able to take it again in the next scheduled appeal.