OVERVIEW

The teaching deals with the study of the basic categories of constitutional law, also in historical perspective, in addition to the fundamental notions and principles of administrative law

AIMS AND CONTENT

LEARNING OUTCOMES

The teaching 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

Learning of the language and interpretative method of public law, also as tools with which to then deal with the study of its individual sectors. Conscious and critical use of the normative texts and of the constitutional jurisprudence of reference. In particular, individual study, attendance and participation in the proposed training activities will allow the student to achieve the following learning outcomes:

Knowledge and understanding

Students must acquire adequate knowledge and 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 acquired knowledge and to understand and solve problems related to the interpretation of constitutional and administrative law, with particular reference to the issues of balancing rights and the principle of proportionality.

Judgment autonomy

Students must know how to use the knowledge acquired both conceptually and operationally with autonomous assessment skills and ability 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 autonomously, especially in the working contexts in which they will operate.

PREREQUISITES

In order to prepare for the exam, careful and reasoned study of the recommended Manual and the text of the Italian Constitution in force is necessary.

TEACHING METHODS

The course will mainly take place through frontal lessons (48 hours in total). Some in-depth lessons on specific and current topics may be scheduled. Supplementary materials will be provided via the Aulaweb platform, to which registration is required.

The lessons will be held in presence.

Some in-depth lessons may be provided, even remotely, on specific and current topics. In more detail, scholars and experts in the field or professionals may occasionally be invited to lecture on topics of particular interest and topicality, also in order to allow students to acquire greater awareness of the concrete and applicative dimension of the subject.

SYLLABUS/CONTENT

The teaching program is divided into the following four parts:

Part I
Legal rule and legal system - Sources of law - Criteria for the resolution of normative antinomies - Interpretation - Repeal - Reserve of the law, principle of legality - Constitution - Constitutional revision laws - Ordinary laws - Legislative decrees - Decree-laws - Regulations of the 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, of domicile, of assembly, of association - Ethical-social relationships: family discipline, right to health, right to education - Economic relationships, in part. right to work, freedom to trade union, right to strike, freedom of private economic initiative, right to property - Political relations, in part. right to vote and constitutional duties, in part tax 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, policy-making function, in part. the budget maneuver, control function - President of the Republic: election, presidential acts, presidential responsibility - Government: structure and training procedure, powers, 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 detail administrative judges - Local authorities: Regions, in part. statutes and bodies, organization of Provinces, Metropolitan Cities and Municipalities, regional legislative autonomy, administrative and financial autonomy of Regions and sub-regional entities - Constitutional Court: structure and competences in general, judgment on the constitutionality of laws, judgment on attribution conflicts between powers of the State and between the State and the 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 and 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 public administration, administrative deed, administrative procedure, access to administrative documents, defects in the administrative deed - Self-protection powers of the public administration - Administrative and jurisdictional appeals - Public goods, in part. State concessions - Public contracts.

RECOMMENDED READING/BIBLIOGRAPHY

Textbooks and study materials

The preparation for the exam must take place on the following text:

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

TEACHERS AND EXAM BOARD

Exam Board

ARMANDO GIUFFRIDA (President)

FABIO TIRIO (President)

SILVIA BATTISTELLA

GIOVANNI BOTTO

MASSIMO RUARO

MATTEO TIMO

PATRIZIA VIPIANA

LESSONS

LESSONS START

Teaching will take place in the second semester (February 2024 - May 2024). The exact start date of the course will be indicated on aulaweb.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

For attending students:
The exam is in written form. During the course, the attending student will have the right to take an intermediate test (also written), limited to Part I and Part II of the program, as indicated above. If the student passes this test positively, 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 test or fails to pass it, the final exam will take place in written form and will cover the entire program.

The final mark is given out of thirty.

In order to sit the test, the student is required to register online for the chosen ordinary exam session. It is strongly recommended to cancel the registration, in case of renunciation to appear for the exam.

For non-attending students:
The exam takes place exclusively in written form on the entire program, as indicated above.

ASSESSMENT METHODS

The intermediate test and the official test at the appeal stage will always take place in written form. In both cases the test consists of three open-ended questions.

Exam schedule

FURTHER INFORMATION

In the summer session, the skipping of the exam session will be applied: if the student does not pass the exam, he will not be able to retake the immediately following exam session.