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 interpretative method of public law, also as tools with which to then 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, attendance and participation in the proposed training activities will allow the student 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 must 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. Judgment 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.
To prepare for the exam, careful and reasoned study of an updated university-level manual and the text of the current Italian Constitution is required.
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 periodically consult Aulaweb for any further 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
Part I: Legal rule and legal system - Sources of law - Criteria for the resolution of normative antinomies - Interpretation - Repeal - Reserve of the law, principle of legality - Constitution - Constitutional revision laws - Ordinary laws - Legislative decrees - Decree-laws - Regulations of the 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, of domicile, of assembly, of association - Ethical-social relationships: family discipline, right to health, right to education - Economic relationships, in part. right to work, freedom to trade union, right to strike, freedom of private economic initiative, right to property - Political relations, in part. right to vote and constitutional duties, in part tax 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, policy-making function, in part. the budget maneuver, control function - President of the Republic: election, presidential acts, presidential responsibility - Government: structure and training procedure, powers, 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 detail administrative judges - Local authorities: Regions, in part. statutes and bodies, organization of Provinces, Metropolitan Cities and Municipalities, regional legislative autonomy, administrative and financial autonomy of Regions and sub-regional entities - Constitutional Court: structure and competences in general, judgment on the constitutionality of laws, judgment on attribution conflicts between powers of the State and between the State and the 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 and 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 public administration, administrative deed, administrative procedure, access to administrative documents, defects in the administrative deed - Self-protection powers of the public administration - Administrative and jurisdictional appeals - Public goods, in part. State concessions - Public contracts
Barbera-Fusaro, Corso di diritto pubblico, Bologna, Il Mulino, latest edition or S. Baroncelli, A. Morelli, G. Moschella, M. Tiberii, P. Vipiana, P.M. Vipiana, Lineamenti di diritto pubblico, Giappichelli, Torino, latest edition.
Ricevimento: The reception will take place in person at the end of the lessons or by appointment remotely.
FABIO TIRIO (President)
PAOLA FRULIO
PAOLA NAVONE
february 2025
The exam is in written form. During the course of the teaching, a possible intermediate test (also written) may be scheduled, limited to the parts of the program indicated by the teacher. If the student passes 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 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 for 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 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 covered in the course, 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.
