|SCIENTIFIC DISCIPLINARY SECTOR||IUS/21|
The course aims to provide an adequate knowledge of the fundamental freedoms recognized by the Italian Constitution, by those of some other Western countries (France, Germany, USA) and by the main international charters (ECHR and EU Charter of Fundamental Rights). After an introductory analysis on the methods of protection, we will focus mainly on the freedom of manifestation of thought and rights related to the new media.
The course aims to provide students with a sufficiently in-depth knowledge of fundamental freedoms, with a particular focus on the freedom of expression and its implications.
By the end of the course, students will have acquired a good level of awareness of the role of fundamental rights in shaping public debate in democratic countries; they will also have understood the main issues involved in balancing constitutional rights and will be able to use the conceptual tools of comparative constitutional law to analyse complex social contexts.
The primary objective of the course is to provide students with a good level of critical awareness of fundamental rights.
To this purpose, at the end of the course the student will:
- know the positive discipline of the main fundamental rights, in Italy and in some particularly significant foreign experiences, as well as the most important ways of protection;
- will be able to use autonomously and correctly the legal vocabulary;
- will have understood the fundamental functions of fundamental rights (in particular, to protect the individual from the abuses of public power and the arbitrariness of social powers; to promote the participation of the individual in the economic, political and social community in which he lives);
- will be able to identify the main risks arising from technological development for the concrete enjoyment and effective protection of the main rights enshrined in constitutional texts.
In order to usefully undertake the course, a basic knowledge of public law main concepts is reccomended. For students not having a legal background, the teacher could indicate some additional readings.
The course consists of 36 hours of lectures.
The first part of the course, estimated at 12 hours, is aimed at focusing on the main notions relevant to the discourse on fundamental rights and is structured in lectures.
The second part of the course will be more dialogical. The teacher will provide through the aulaweb platform some materials that students must read before the lesson (for each lesson will be read contributions of about 20 pages); the lesson, after an introduction of the teacher, will be aimed to discuss, under the supervision of the teacher, the materials provided, in order to highlight the most significant or problematic aspects.
The purpose of the discussions is to promote a certain level of autonomy in the analysis of legal texts.
Part 1 - Introductory Elements
- The categories in fundamental rights;
- Freedom in the nineteenth-century liberal state and freedom in the contemporary pluralist democratic state.
- Constitutional protection of fundamental rights and supranational protection.
Part 2 - Freedoms and fundamental rights
- The freedoms of the private sphere;
- The freedoms of the public sphere;
- ( follows) Freedom of expression and its declinations;
- Equality, social rights and labor rights;
- The rights of political participation.
Attending students may prepare for the exam on the following texts:
- L. Cuocolo, Costituzioni, Milano, Egea, 2021;
- F. Clementi, L. Cuocolo, F. Rosa, G.E. Vigevani, Commentario alla Costituzione, Vol. 1, Bologna, il Mulino, 2021.
Some of the course material will be provided by the instructor via the aulaweb platform.
In addition to the two texts mentioned above, non-attending students can also prepare themselves on:
G.F. Ferrari, Le libertà. Profili comparatistici, Torino, Giappichelli, 2011
EDMONDO MOSTACCI (President)
LORENZO CUOCOLO (Substitute)
FRANCESCO GALLARATI (Substitute)
The lectures are scheduled in the second term, starting February 2023.
As a general rule, the exam will be oral and held in Italian.
Students of Erasmus programme (or other similar programmes scheduling only a temporary stay) are allowed, on request, to sit the exam in other languages (English and French are available).
The oral discussion is designed to specifically test the following abilities:
- the student's ability to express himself/herself in technically appropriate language;
- the knowledge of the main fundamental rights and their peculiarities;
- the understanding of the main functions of fundamental rights in the face of both public and social powers;
- the student's ability to identify the main risks posed by technological development to the effective protection of fundamental rights.