Course description
Public Law: basics of Constitutional Law and general principles of Administrative Law
The teaching focuses on all the parts of public law, that is constitutional law and the main aspects of administrative law; particular attention will be given to the issues of economic interest
Learning of the language and interpretation method of public law, also as tools with which then to deal with the study of its individual sectors. Conscious and critical use of the normative texts and of the constitutional jurisprudence of reference. In particular individual study, atttendance and participation in the proposed training activities will allow students to achieve the following learning outcomes
Knowledge and understanding
Students must acquire adequate knowledge and effective understanding of the fundamental institutions of constitutional law and administrative law
Ability to apply knowledge and understanding
Students may be able to apply the acquired knowledge and to understand and solve problems related to the interpretation of constitutional and administrative law, with particular reference to the issues of balancing rights and the principle of proportionality
Judgement autonomy
Students must know how to use the knowledge acquired both conceptually and operationally with autonomous assessment skills and ability in the various application contexts
Communication skills
Students must acquire the technical language typical of the discipline to communicate clearly and unambiguously with specialist and non-specialist interlocutors
Learning ability
Students must develop adequate learning skills that allow them to continue to explore the main issues of the discipline autonomously, especially in the working contexts in which they will operate
The teaching will take place through frontal lessons (48 hours in total). Some in-depth lessons on specific and current topics may be scheduled.
With regard to the teaching methods, however, it is necessary to consult periodically Aulaweb for any furher updates
Students who have valid certification of physical or learning disabilities and who wish to discuss possible accommodations or other circumstances regarding lectures, coursework and exams, should speak both with the instructor and with Professor Serena Scotto (scotto@economia.unige.it), the Department's disability liaison.
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.
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.
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.
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.
S. Baroncelli, A. Morelli, G. Moschella, M. Tiberii, P. Vipiana, P.M. Vipiana, Lineamenti di diritto pubblico, Giappichelli, Torino, last edition.
Ricevimento: The professor receives on Tuesday afternoon from 2,30 to 4,00 p. m., in presence at Department of political and international sciences, Albergo dei poveri, Piazzale Emanuele Brignole 3a, third upper floor or, in case of health emergency, at distance on Team "RV Ricevimento Vipiana" code to enter: wmktdhn In both cases it is better to fix an appointment by sending an e-mail to the address: patrizia.vipiana@unige.
PATRIZIA VIPIANA (President)
LUCA BALDINI
ARMANDO GIUFFRIDA
ANDREA MOLFETTA
LORENZO SOTTILE
MATTEO TIMO
FABIO TIRIO
February 2025 (second semester)
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The exam is in written form. During the period of the teaching a possible intermediate test (in written form) may be scheduled, limited to the parts of the program indicated by the professor. If the student pass this test positively, the exam (always in written form) will focus on the remaining parts of the program.
The qualification obtained in the intermediate test will remain valid for one calendar year. However if the student does not take part to the intermediate test or does not pass it, the final exam will take place in written form and will cover the entire program.
The questions are formulated in such a way as to allow an articulated answer.
In this way it is possible to evaluate the candidate's learning linked not only to the memorization of punctual notions, but also to the organization of thought and to the articulation of speech.
Object of assessment are the completeness of the topics covered, the overall construction of the answer, the order in the sequence of concepts, any links established between different topics of the teaching, the effective understanding of the substance of what is exposed, the critical capacity of the candidate as well as, where possible according to the topic, the ability to place the answers within the general principles of law.
