Knowledge of the fundamental features of the Italian Constitutional system, with special reference to: The sources of law; The evolution of the forms of State and Government;
The structure and functions of the Constitutional Bodies; The various forms of territorial autonomy recognized by the Italian Constitution; The Judiciary and the protection of Fundamental Rights; The relationship between National and EU law.
For students that either do or do not attend the course:
- P. Barile, E. Cheli, S. Grassi, Istituzioni di diritto pubblico, Cedam, Padova, ultima edizione;
- P. Caretti, U. De Siervo, Diritto costituzionale e pubblico, Giappichelli, Torino, ultima edizione.
The study of the course subjects presupposes, beyond the above mentioned manuals, the reading of the Constitution and of the laws illustrated in the manuals that can be found in one of the following collections:
- M. Bassani - V. Italia e altri, Leggi fondamentali del diritto pubblico e costituzionale, Giuffrè, Milano 2006;
- M. Ainis – T. Martines, Codice costituzionale, Laterza, Roma-Bari, ultima edizione;
- A. Cariola, Le leggi dell’organizzazione costituzionale, Giuffrè, Milano, ultima edizione.
Learning Objectives
Under standing:
Understanding of the sources and development of the forms of State and of Government Structure and functions of the Constitutional Bodies and of public administration; central and peripheral, regional and local. The Judiciary, autonomous territorial authorities (Regions, Provinces and Councils). The rights of freedom and its protection.
Relationships with the European Community Law
Skills:
The ability to research normative, bibliographical and case law material, pertinent and useful with regard to solving legal issues The ability to confront the principal issues that emerge at a Public-Constitutional level, starting from a correct identification of the relevant regulations.. The ability to hold and adequately select the principal meaning of such regulations as interpreted by scholars and in the case law, taking into consideration the increase in complexity of the legal sources following Community regulations.
Competences:
Sesitivity towards the role that the Constitutional view point puts forward not only in the capacity of a fundamental discipline (contingent to nearly all the other exams), but also as a useful instrument for the interpretation of Law especially with reference to the fundamental freedoms. Understanding of the constitutional values to be found in the 1948 Charter and of its lasting importance with respect to the Italian Republic; awareness of the incidence of the enacted adjustments (in particular “fair trail” and the new Fifth Chapter of the Constitution) and understanding of the complex system of connection between the Powers of the State themselves and the higher levels of Authority in the European Union. Understanding of the importance of the recognition of Constitutional control and, more in general, of the role of the Judiciary in a civil law environment.
Teaching Methods
Classrom: Total 60 hours
Workshops: the teacher organizes optional exercises on subjects studied in the lessons, in ways and in times scales that will bee defined at the beginning of the course, using decisions, acts of Parliament, Presidential decrees, act of government and other documentation available in Constitutional and Public Lae “collections” (as for instance that prepared by R. Zaccaria, CEDAM, Padova last edition). Guided visits to the Houses of Parliament, the Constitutional Court and Quirinale can be organized.
Type of Assessment
Intermediate tests of learning: at the beginning of the course the teacher let the students know if he or she intends to cayy out intermediate tests on the parts of the program already covered, which, pursuant to art. 15, sixth comma, of the “Regolamento didattico”, may be detracted from the final exam relevant to the subjects in questions; in the under standing that knowledge of the basic concepts will be in any event required
Exams: the exams for students not attending the course will include a written paper based on multiple choice tests. The exam can last up to one hour. Correction will start immediately, to be followed by the oral exam. The result of the written exam will be taken into account in the final marking. The oral exam cannot be taken in the case of a negative mark in the written paper.
For students attending the course the exam is only oral exam.
Course program
The course will revolve around the following subjects:
• the basic notions of law, with particular references to the sources;
• the evolution of the forms of State and of the forms of Government in Italy from the “Statuto Albertino” to the Republican Constitution.• the structure and functions of Constitutional Bodies (the Constituency, the Parliament, the Government, the President of the Republic, the Constitutional Court) and of other bodies with a Constitutional relevance;
• the structure and the functions of public administrations (both central and peripheral to the State, both Regional and local)
• the structure and functions of the Judiciary (with reference to both ordinary and administrative judges);
• the structure and the functions of the territorial autonomous bodies (Regions, Provincies and Councils);
• the right sto freedoms and their instruments of protection;
• relationships with the EU.