OVERVIEW

The course focuses on the principles that underpin the welfare state system and the legislation that governs the welfare state system. Social assistance, which is based on the principle of solidarity, and social security, which involves striking a balance between work-based (or meritocratic) principles and solidarity, contribute to the constitutional objective of protecting citizens in need.

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

PREREQUISITES

In order to profitably achieve the educational objectives of this course, it is highly recommended to have previously acquired the basics of labour law (in particular: the system of sources, the employment contract, the regulation of the employment relationship from establishment to termination, labour relations in business transformation), as well as of constitutional or public law (fundamental rights, relations between domestic and EU law, hierarchy of sources).

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.

Working students who cannot attend lectures can refer to the bibliography provided for non-attending students. You can always arrange a meeting with the teacher for questions and clarifications, including those regarding the teaching content.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs and having complied with Unige procedures (described here) who need
compensatory measures to prepare the exams or during the exams are invited to contact the teacher at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles. For requesting Unige services for students with disabilities and other information, please visit https://giurisprudenza.unige.it/serv_disabili. For further information, please visit https://unige.it/disabilita-dsa and contact the Department's disability liaison officer (isa.fanlo@unige.it).

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:Persiani and Martone, Social Security Law (Giappichelli, latest edition), or alternatively Ales, Canavesi, Casale, Casillo, Esposito and Vianello, Social Security Law (Giuffrè, latest edition)  Limited to the topics covered in class.

Textbooks for non-attending students: Persiani and Martone, Diritto della sicurezza sociale (Giappichelli, latest edition), or alternatively Ales, Canavesi, Casale, Casillo, Esposito and Vianello, Diritto della sicurezza sociale (Giuffrè, latest edition). Reading materials for non-attending students (to be used in addition to the textbook) will be posted on Aulaweb at the start of the course.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

I semester, see https://easyacademy.unige.it/portalestudenti

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 having a valid certification of disability or Specific Learning Disorders (DSA) and having complied with Unige procedures (described here) may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps). In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

Please contact the lecturer for other information not contained in the course description.