OVERVIEW

The subject of the course is the study of the principles and regulations governing the welfare state system. The fundamental functions of the welfare state system are social assistance, based on the principle of solidarity, and social welfare, informed by a more complex balancing of the labour (or meritocratic) principle and the principle of solidarity. 

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to provide students with a thorough knowledge about issues related to the social security laws, with special regards to constitutional principles, its financial sources and legal rules regulating the access into the social protection system. Expected learning outcomes: students shall be able to identify and undertstand the legal institutions governing the social security system and shall acquire skills, appropriate technical language and understanding of the current legal regulation.

AIMS AND LEARNING OUTCOMES

Individual study and lessons participation  will enable the student to 

- understand and remember the main regulatory distinctions governing the legal institutions that govern the social security system.

- interpret social security legislation, in the light of the existing case law on the subject. 

- identify, understand and apply the rules governing the protection in the event of old age, illness, accident, unemployment, poverty and social exclusion, employer insolvency.

-understand and critically evaluate, with autonomy of judgement, the regulatory framework and the social policy choices made through the social security and welfare reforms 

- read and critically examine, with autonomy of judgement, scientific articles on the subject, texts of judgements concerning social security issues

-express oneself in appropriate technical legal language

TEACHING METHODS

During the course, the main theoretical notions of social security law will be presented and analysed, also based on practical examples or case law, encouraging the active participation of students.

SYLLABUS/CONTENT

GENERAL PART: - The foundations of social protection. - Welfare state models. - Welfare, assistance and social security. - The sources of social security law. - The constitutional principles of social security. - Solidaristic principle and labour principle. - Article 38 of the Constitution. - The social security legal relationship. - The contributory legal relationship.

SPECIAL PART: - The protection for old age. - The social security law of the crisis: from the 1990s to the 2011 reforms. - The protection of employer insolvency. - Supplementary social security. - The protection of sickness. - The protection of disability from common risks. - The protection of disability from occupational risks. - Family protection. - Unemployment protection. - Protection against poverty and the risk of social exclusion.

RECOMMENDED READING/BIBLIOGRAPHY

Textbooks for attending students (at least 75% of the recorded attendance or no more than 4 absences) Cinelli Maurizio, Giubboni Stefano, Lineamenti di diritto della previdenza sociale, Cedam, 2022 or, alternatively, Persiani Mattia, D'Onghia Madia, Fondamenti del diritto della previdenza sociale, Giappichelli, 2019.

Further study materials for attending students will be indicated on Aulaweb.

Textbooks for non-attending students: Cinelli Maurizio, Giubboni Stefano, Lineamenti di diritto della previdenza sociale, Cedam, 2022 or, alternatively, Persiani Mattia, D'Onghia Madia, Fondamenti del diritto della previdenza sociale, Giappichelli, 2019.

Reading materials for non-attending students: Persiani Mattia, Crisi economica e crisi del welfare State, 2013, in aidlass.it, Atti nel cinquantenario, pp.133 - 164; Somaini Eugenio, Sicurezza sociale, Enciclopedia delle scienze sociali Treccani, 1997, in Treccani.it; Giubboni Stefano, Struttura ed evoluzione del sistema previdenziale italiano: note di ricerca, 2017, in csdl.lex.unict.it

TEACHERS AND EXAM BOARD

Exam Board

ANNAMARIA DONINI (President)

CINZIA CARTA

MARCO NOVELLA (President Substitute)

GIULIA BANDELLONI (Substitute)

LESSONS

LESSONS START

I semester

Class schedule

RIGHT OF SOCIAL SECURITY

EXAMS

EXAM DESCRIPTION

For attending students, the exam is oral and consists of three/four open questions designed to verify adequate learning of the general and special parts of the course.

Non-attending students are also required to present one of the reading materials in addition to attending students.

ASSESSMENT METHODS

The oral examination aims at verifying the student's actual knowledge of the ability to identify the normative sources of the social security system, as well as the basic theoretical notions, but also the ability to identify and apply the norms to specific concrete cases. Through general theoretical questions and the proposal of practical cases and problems, it will be ascertained whether the student can

- identify and define legal concepts using appropriate technical language

- identify, distinguish, know, and apply the main legal provisions regulating the social security system 

- understand and interpret, critically and independently, the main regulatory texts

Students who have valid certification of disability or Specific Learning Desorders (DSA) on file with the University may request the use of compensatory measures during the exams (e.g. additional time, concept maps, modifications in the written/oral mode), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

Exam schedule