OVERVIEW

The course aims to provide an adequate knowledge of constitutional law and the fundamental aspects of administrative law in the Italian legal system, by focusing in particular on: the protection of fundamental rights and freedoms; the sources of Italian law; the horizontal (between constitutional bodies) and vertical distribution of power (between territorial authorities); administrative principles and acts; judicial review.

AIMS AND CONTENT

LEARNING OUTCOMES

At the end of the course students: will know the general features of constitutional law and the fundamental principles of administrative law into the Italian legal system; will be able to understand and evaluate current issues related to constitutional law.

AIMS AND LEARNING OUTCOMES

Attendance and active participation in the proposed training activities (lectures and other activities) and individual study will allow the student to: 

• understand and comment on the articles of the Italian Constitution;
• recognize the different sources of Italian law, also in relation to the sources of both International and European Union law;
• understand the relations between the constitutional bodies of the State;
• understand the relationship between jurisdictions;
• know the territorial organization of the Italian State;
• know the principles, procedures and acts of the Italian public administration;
• understand the role of judicial review;
• read and critically analyse the judgments of the Constitutional Court;
• analyse and interpret critically, from the perspective of constitutional law, the main current events;
• identify the ways of protecting fundamental rights and freedoms;
• acquire and use the legal language appropriately. 
   

PREREQUISITES

The course aims to propose the study of constitutional law starting from the very bases to gradually arrive at understanding the complexity of the Italian legal system. It may be useful to acquire a preliminary knowledge of the main institutional sites (Parliament, President of the Republic, Government, Constitutional Court) and to follow the main facts of constitutional relevance on a daily basis. 

TEACHING METHODS

The course is made of 54 hours and lectures are "in presence".

However, due to the Covid19 emergency, for documented situation (quarantine, self-isolation, residing outside the Region, other still documented needs) and on individual request, students may be authorized to follow classes through TEAMS (code eupdz9w)

It will be uploaded on Aulaweb all the useful materials for the lessons and for the individual study (summaries, legislative acts, judgments). 

Experts in the field of constitutional law may be invited to deepen specific topics (magistrates, professors of other universities, members of institutions and public administration, etc.), or seminars and conferences will be suggested to deepen individual topics.

At the end of the lessons, a tutor will be made available to the students for any additional lessons, insights, group and individual exams.

Attending the course is not mandatory.

However, attending students who will ensure their presence and active participation at least 2/3 of the class hours, will be granted the access to an intermediate exam (written, taking place on the 20th of April 2022); they will complete the exam in one the scheduled dates for the academic year 2021/22 (within February 2023). Non-attending students will take the exam on the entire exam program at once in the scheduled dates.

Not-attending students will do all the exam at once in one the scheduled dates for the academic year 2021/22 (or after). 

Students are recommended to enroll in Aulaweb to be constantly informed about the course.

SYLLABUS/CONTENT

The teaching programme includes the study of the following topics:

• The concepts of law and State; 
• the Constitution and the system of sources of law; 
• forms of State and forms of government; 
• relations between the State, the European Union and the international legal order; 
• the rights and duties of citizens and persons; 
• the constitutional bodies and their functions; 
• ordinary and special judges; 
• constitutional guarantees: the Constitutional Court and the constitutional revision procedure; 
• Regions and local authorities; 
• principles and structure of the public administration;
• administrative acts and procedures.

RECOMMENDED READING/BIBLIOGRAPHY

Students who attend at least 2/3 of the lessons will prepare the exam on the notes of the lessons integrated by the text A. Barbera - C. Fusaro, Corso di diritto pubblico, Il Mulino, last ed. (2020) (it is strongly recommended not to buy the books published before 2018).

Students who cannot guarantee the minimum attendance will prepare the exam on the text A. Barbera - C. Fusaro, Corso di diritto pubblico, Il Mulino, last ed. (2020) (it is strongly recommended not to buy the books published before 2018) 

Foreign students (non-native Italian speakers who have not carried out education cycles in Italy) and Erasmus students will prepare the exam on the text

T. Groppi - A. Simoncini, Introduzione al diritto pubblico e alle sue fonti, Giappichelli, last. ed. (in italian)

or on the text Ferrari, G.F., Introduction to Italian Public Law, Giuffrè, 2018 (in english).

The study of all the programs must be accompanied by a careful reading of the Constitution (it can be downloaded from the website www.quirinale.it in Italian and translated into the main languages).

The text L. Cuocolo, Costituzioni, Egea, 2021 may also be useful for the study. 

TEACHERS AND EXAM BOARD

Exam Board

ARIANNA PITINO (President)

PATRIZIA VIPIANA

ARISTIDE CANEPA (Substitute)

LORENZO CUOCOLO (Substitute)

EDMONDO MOSTACCI (Substitute)

MARIA ANGELA ORLANDI (Substitute)

MASSIMO RUARO (Substitute)

LESSONS

LESSONS START

The lessons will be held in the second semester of the academic year 2021/22, starting on the 15th of February 2022.

EXAMS

EXAM DESCRIPTION

The exam is in Italian.

On request, the exam can be held in English. 

Attending students (at least 2/3 of classes) will be granted the access to an intermediate exam (single written exam, on the 20th of April 2022, on the part of the programme indicated by the professor, made of 6 quizzes and one open question), followed by an oral exam on the remaining subjects of the programme (to be taken by the end of February 2023).

Not attending students will take the exam on all program at once, in written form (three open-answer questions to be done starting from the general concepts and gradually going into details). 

The Examination Committee is appointed by the Department's Board and, unless prevented, is chaired by the professor in charge of the course.

ASSESSMENT METHODS

First of all, the students will have to demonstrate: the knowledge of the topics of the course, an adequate order in the presentation of the topics, the competence in the legal language.

A preferential assessment will be given to the following competences: 

• consistency and completeness of the answers; 
• careful reading of the Constitution, also remembering by heart the numbering and content of the most relevant articles; 
• ability to apply the acquired information and topics covered to current events; 
• reference to judgments and/or legislative acts of particular importance; 
• possible expression of personal considerations, duly substantiated and justified. 

Attendance and active participation in the lessons will also be evaluated. 

Exam schedule

FURTHER INFORMATION

Students must enroll before the exam.