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PRINCIPLES OF PUBLIC LAW

CODE 72695
ACADEMIC YEAR 2022/2023
CREDITS
  • 9 cfu during the 1st year of 11161 SCIENZE DELL'AMMINISTRAZIONE E DELLA POLITICA (L-16) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/09
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 2° Semester
    PREREQUISITES
    Prerequisites (for future units)
    This unit is a prerequisite for:
    • POLITICAL SCIENCE AND ADMINISTRATION 8776 (coorte 2022/2023)
    • ADMINISTRATIVE LAW 74733
    • ADMINISTRATIVE AND POLITICAL SCIENCES 11161 (coorte 2022/2023)
    • LABOUR LAW 57134
    • LAW OF COMPARATIVE PUBLIC CONTRACTS 104951
    • ADMINISTRATIVE LAW 104948
    • ADMINISTRATIVE LAW 74733
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    The course aims to provide a basic 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 powers (between territorial authorities); administrative principles and acts; judicial review.

    AIMS AND CONTENT

    LEARNING OUTCOMES

    At the end of the course students will acquire the basic knowledge of constitutional law and the guiding principles of administrative law in the Italian legal system. 

    AIMS AND LEARNING OUTCOMES

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

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

    PREREQUISITES

    The teaching aims to propose the study of constitutional law starting from the very legal basics for gradually arriving to understand the complexity of the Italian legal system. It may be useful to acquire a preliminary knowledge of the main institutional websites (Parliament, President of the Republic, Government, Constitutional Court) and to follow the main news of constitutional relevance on a daily basis. 

    TEACHING METHODS

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

    However, only for documented situations and under individual requests, students may be authorized to follow classes through the software TEAMS. 

    All the materials needed for the lessons and for individual study (summaries, legislative acts, judgments) will be uploaded on the teaching's Aulaweb webpage.

    In order to deepen the study of specific topics, experts (magistrates, professors of other universities, members of institutions and public administration, etc.) in the field of constitutional law may will be invited and/or seminars and conferences will be indicated. 

    At the end of the lessons, a tutor will be available to students for extra-lessons, insights, group and individual preparation for the exam.

    The attendance of the course is not mandatory BUT strongly recommended. 

    Attending students who will ensure their presence and active participation to all the class hours (the absence to max 3 lessons will be tolerated), will be granted the access to an intermediate exam before the end of the course (written, taking place on April/May); they will complete the exam in one the scheduled dates for the academic year 2022/23 (within February 2024).

    Not-attending students will take the (written) exam on the whole program at once in one of the scheduled dates for the academic year 2022/23 (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 all the classes 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. (2022) (it is strongly recommended not to buy a second hand book published before 2020).

    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. (2022) (it is strongly recommended not to buy a second hand books published before 2020) 

    Foreign students (non-native Italian speakers who have not carried out previous 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 international languages).

    The book 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 2022/23, starting on the 14th of February 2023.

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    EXAM DESCRIPTION

    Students must enroll before taking the exam following the online procedure. 

    The exam is in Italian.

    Under request, the exam can be held in English. 

    Attending students will be granted the access to an intermediate exam before the end of the teaching (single written exam, 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 part of the programme (to be taken by the end of February 2024).

    Not attending students will take the exam on all the program at once, in written form (three open-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 responsible for 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

    Date Time Location Type Notes
    20/12/2022 10:00 GENOVA Orale
    20/12/2022 10:00 GENOVA ORALE PITINO
    10/01/2023 10:00 GENOVA Orale
    10/01/2023 10:00 GENOVA ORALE PITINO
    07/02/2023 10:00 GENOVA Orale
    07/02/2023 10:00 GENOVA ORALE PITINO
    23/05/2023 09:30 GENOVA Orale
    23/05/2023 09:30 GENOVA ORALE PITINO
    13/06/2023 09:30 GENOVA Orale
    13/06/2023 09:30 GENOVA ORALE PITINO
    11/07/2023 09:30 GENOVA Orale
    11/07/2023 09:30 GENOVA ORALE PITINO
    12/09/2023 09:30 GENOVA Orale
    12/09/2023 09:30 GENOVA ORALE PITINO

    FURTHER INFORMATION

    Students with certification of DSA, disabilityand/or other special educational needs are recommended to contact both the referent for disability Prof. Aristide Canepa (aristide.canepa@unige.it) and the professor of the teachingat the beginning of the course, to agree on teaching and examination methodswhich, in compliance with the objectives of the course, will conider individual learning modalities and provide suitablecompensatory instruments.

    For further information please visit the Unige website at  https://unige.it/disabilita-dsa/studenti-disabilità-informazioni-utili