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INSTITUTIONS OF PUBLIC LAW

CODE 66707
ACADEMIC YEAR 2022/2023
CREDITS
  • 6 cfu during the 1st year of 8697 ECONOMIA AZIENDALE(L-18) - GENOVA
  • 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
  • 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 2022/2023)
    • LABOUR LAW 63734
    • COMMERCIAL AND CORPORATE LAW 59823
    • TAXATION LAW 63725
    • Maritime, Logistics and Transport Economics and Business 8698 (coorte 2022/2023)
    • COMMERCIAL AND CORPORATE LAW 59823
    • Economics 8699 (coorte 2022/2023)
    • BANKING LAW 24675
    • COMMERCIAL AND CORPORATE LAW 59823
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    Course description

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

    AIMS AND CONTENT

    LEARNING OUTCOMES

    The course 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

    AIMS AND LEARNING OUTCOMES

    To gain knowledge of fundamentals of Italian constitutional law, also from the historical perspective and the perspective of legal scholars. To learn legal terms and interpretative methods which are typically used in Public Law, also as a tool to study its specific fields later. To develop critical thinking skills in using relevant legal texts and constitutional rulings.

    In particular, individual study, attendance and participation in the proposed educational activities will allow the student to achieve the following learning outcomes:

    • Knowledge and understanding. Students must acquire adequate knowledge and an 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 knowledge acquired and understand and solve problems related to the interpretation of constitutional and administrative law, with reference to the issues of the balance between rights and the principle of proportionality
    • Autonomy of judgment. Students must be able to use the acquired knowledge both on a conceptual and operational level with autonomous assessment skills and skills 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 independently, especially in the work contexts in which they will work. 

    PREREQUISITES

    To prepare for the exam, careful and reasoned study of the recommended manual and the text of the Italian Constitution in force is required.

    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. Additional materials will be provided through the Aulaweb platform, to which it is advisable to register.

    Lessons will be held face to face, possibly remotely or in mixed mode in light of the pandemic trend and the decisions taken by the University (it is advisable to monitor the University website and the Aulaweb page of the teaching).

    Some in-depth lessons on specific and topical topics may be provided, even remotely. More specifically, experts on the subject or professionals may occasionally be invited to lecture on topics of particular interest and current events in order to allow students to acquire greater awareness of the concrete and applicative dimension of the subject

    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

    Preparation for the exam must take place on the following text:

    AA.VV., Lineamenti di diritto pubblico, Giappichelli, Torino, 2021.

    Students are encourgaged to consult Aulaweb for all information.

    TEACHERS AND EXAM BOARD

    Exam Board

    ARMANDO GIUFFRIDA (President)

    SILVIA BATTISTELLA

    GIOVANNI BOTTO

    MASSIMO RUARO

    MATTEO TIMO

    FABIO TIRIO

    LESSONS

    LESSONS START

    Sem: 2°

    February 2022 - May 2022. 

    ORARI

    INSTITUTIONS OF PUBLIC LAW B

     

    EXAMS

    EXAM DESCRIPTION

    For attending students:

    The exam is in written form. During the course, the attending student will have the right to take any intermediate test (also written), limited to Part I and Part II of the program, as indicated above. If the student successfully passes this test, the exam (always in written form) will focus on the remaining Part III and Part IV of the program.

    The eligibility obtained in the intermediate test will remain valid for one calendar year. If, on the other hand, the student prefers not to take the intermediate exam or does not pass it, the final exam will take place in writing and will cover the entire program.

    The final grade is awarded out of thirty. In order to take the test, the student is required to register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam

    For non-attending students:

    The exam takes place exclusively in writtern form on the entire program, as indicated above.

    ASSESSMENT METHODS

    For attending students:

    The possible intermediate test consists of the answer to three questions. If the mid-term exam is written, the questions will require an open answer.

    During the oral exams (both for the intermediate test and for the official test), the first question is generally wide-ranging, in order to allow the student to present an articulated answer and the teacher to evaluate the candidate's learning with reference both the memorization of precise notions, as well as the organization of thought and the articulation of speech.

    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 ability are the subject of evaluation of the candidate as well as, where possible on the basis of the topic, the ability to place the answers within the general principles of law.

    On the basis of the answer given to the first question, the next two questions are then formulated, generally more limited and specific. Overall, the three questions cover different topics included in the exam program (intermediate or final).

    The final grade is awarded out of thirty. In order to take the final exam, the student is required to register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam.

    For non-attending students:

    During the official oral exam, the first question is generally wide-ranging, in order to allow the student to present an articulated answer and the teacher to evaluate the candidate's learning with reference both to the memorization of precise notions and to the organization of thought and the articulation of speech.

    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 ability are the subject of evaluation of the candidate as well as, where possible on the basis of the topic, the ability to place the answers within the general principles of law.

    On the basis of the answer given to the first question, the next two questions are then formulated, generally more limited and specific. Overall, the three questions cover different topics included in the exam program (intermediate or final).

    The final grade is awarded out of thirty. In order to take the final exam, the student is required to register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam.  

    Exam schedule

    Date Time Location Type Notes
    10/01/2023 14:30 GENOVA Scritto
    24/01/2023 14:30 GENOVA Scritto
    07/02/2023 14:30 GENOVA Scritto
    06/06/2023 14:30 GENOVA Scritto
    20/06/2023 14:30 GENOVA Scritto
    04/07/2023 14:30 GENOVA Scritto
    13/09/2023 14:30 GENOVA Scritto

    FURTHER INFORMATION

    During the summer session everybody who fails the exam will not be able to take it again in the next scheduled appeal.