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.