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 participants will acquire the knowledge necessary to understand the impact of equality between women and men both in the private (family and relationships, reproductive rights, gender violence) and in the public spheres (school, work and politics); they will be able to recognize and evaluate laws and Courts’ decisions at national, EU and international level related (even indirectly) to gender equality; they will be able to compare the situation in Italy with that in other States as regard the equality between men and women.

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, students may 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 webpage called Aulaweb.

In order to deepen the study of specific topics, experts (judges, 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. 

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

The professor will communicate the text to study for the exam at the beginning of the course.

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 2023/24 starting from the 13th of February 2024.

All students are invited to check the time schedule on the web calendar at the following link: https://easyacademy.unige.it/portalestudenti//index.php?_lang=it

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. 

For those who have attended at least 70% of the lessons: written test (three open-ended questions on the topics covered during the course, which must be answered starting from the general concepts and progressively entering into detail); for each question there is a maximum score of 10/30 for a maximum total of 30/30; possible oral exam on the same day of the written exam, at the request of the students, with which it will be possible to improve / worsen the grade of the written test by +/- 3 points. For those who do not request an oral exam, the exam is concluded with the written test. Attendance at lessons gives anyone 1 point. 

For those who, despite having attended, have not reached 70% attendance and for those who have not attended the lessons: written test (three open-ended questions on the topics covered during the course, which will have to be answered starting from the general concepts and progressively entering into detail); For each question there is a maximum score of 10/30 for a maximum total of 30/30.

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

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