|SCIENTIFIC DISCIPLINARY SECTOR||IUS/09|
|SECTIONING||This unit is divided into 4 sections:|
Prerequisites (for future units)
Public Law contains basics of Constitutional Law and general principles of Administrative Law
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
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.
No prerequisite is required.
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.
Students with disabilities/DSA are invited to contact the referent of the Department of Economics for disabled students.
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
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
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
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.
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.
Office hours: The professor receives on Tuesday afternoon from 2,30 to 4,00 p. m., in presence at Department of political and international sciences, Albergo dei poveri, Piazzale Emanuele Brignole 3a, third upper floor or, in case of health emergency, at distance on Team "RV Ricevimento Vipiana" code to enter: wmktdhn In both cases it is better to fix an appointment by sending an e-mail to the address: patrizia.vipiana@unige.
PATRIZIA VIPIANA (President)
The exam will be written and will consist in three questions with open answer.
Professors will assess, in particular, full knowledge of the matter and correct use of juridical language.