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INSTITUTIONS OF PUBLIC LAW

CODE 66707
ACADEMIC YEAR 2021/2022
CREDITS
  • 6 cfu during the 1st year of 8699 ECONOMIA E COMMERCIO(L-33) - GENOVA
  • 6 cfu during the 1st year of 8698 ECONOMIA DELLE AZIENDE MARITTIME, LOGISTICA E TRASP.(L-18) - GENOVA
  • 6 cfu during the 1st year of 8697 ECONOMIA AZIENDALE(L-18) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/09
    LANGUAGE Italian
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 2° Semester
    SECTIONING This unit is divided into 4 sections:
    PREREQUISITES
    Prerequisites (for future units)
    This unit is a prerequisite for:
    • Business Administration 8697 (coorte 2021/2022)
    • COMMERCIAL AND CORPORATE LAW 59823
    • TAX LAW 63725
    • LABOUR LAW 63734
    • Maritime, Logistics and Transport Economics and Business 8698 (coorte 2021/2022)
    • COMMERCIAL AND CORPORATE LAW 59823
    • Economics 8699 (coorte 2021/2022)
    • BANKING LAW 24675
    • COMMERCIAL AND CORPORATE LAW 59823
    TEACHING MATERIALS AULAWEB

    OVERVIEW

     

    Public Law contains basics of Constitutional Law and general principles of Administrative Law

    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

    The teaching aims to help students to:

    recognize Italian sources of law, also with reference to international law and European Union law,

    identify the forms of protection of the rights of persons,

    know constitutional organs and territorial articulations of Italian State,

    understand the ways of working of Italia public administration.

    The teaching aims also to help students to understand and use legal terminology and to find and read normative texts and judgements of Constitutional Court.

    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.

    The teaching will be held in presence. If health situation requires distance lessons, totally or partially, notice will be given through Aulaweb page of the teaching: in both cases lessons will be held online, without recording.

     

    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 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

    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

    S. Baroncelli, A. Morelli, G. Moschella, M. Tiberii, P. Vipiana, P. M. Vipiana,, Lineamenti di diritto pubblico, Giappichelli, Torino, 2021

    Students are encourgaged to consult Aulaweb for all information.

    TEACHERS AND EXAM BOARD

    Exam Board

    PATRIZIA VIPIANA (President)

    OMAR CARAMASCHI

    ARMANDO GIUFFRIDA

    LORENZO SOTTILE

    MATTEO TIMO

    FABIO TIRIO

    LESSONS

    LESSONS START

    Sem: 2°

    February 2022 - May 2022

    EXAMS

    EXAM DESCRIPTION

    The exam will be written and will consist in three questions with open answer.

    ASSESSMENT METHODS

    Professors will assess, in particular, full knowledge of the matter and correct use of juridical language.  

    Exam schedule

    Date Time Location Type Notes
    21/12/2021 09:30 GENOVA Scritto
    14/01/2022 09:30 GENOVA Scritto
    08/02/2022 16:00 GENOVA Scritto
    05/05/2022 14:00 GENOVA Scritto appello straordinario riservato esclusivamente ai laureandi a.a. 2020/21
    01/06/2022 10:30 GENOVA Scritto
    16/06/2022 10:30 GENOVA Scritto
    01/07/2022 10:30 GENOVA Scritto
    05/09/2022 10:30 GENOVA Scritto