The course aims to provide students with: - the knowledge and understanding of essential aspects of the Italian system of constitutional justice; - the ability to critically elaborate on the main topics of the course; - appropriate use of legal terminology; - the ability to develop a research methodology; - the ability to read and understand the constitutional jurisprudence; - the ability to apply the constitutional principles analyzed in concrete cases.
Expected learning outcomes
The course aims to fulfill the following goals: knowledge and understanding of the topics addressed; the ability to develop critical judgments. These goals aim to empower students in their university career and in their professional future.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
In the 6-credit course, the following topics will be specifically examined: a) the legitimacy to appeal to the italian constitutional Court; the relevance of the issues of the constitutional issues; thema decidendum, with attention to the relationship between the italian Constitutional Court and common judges; b) the judgment before the Court: the procedure; the subjects of the process; the instructive powers; c) the typology of the Court's decisions, with particular regard to interpretative and manipulative techniques; d) the effects of constitutional decisions.
Prerequisites for admission
Students must have passed these exams: constitutional law; private law.
The course will be conducted through the direct examination of cases relating to the main problems of the constitutional process, carried out by students under the supervision of the teacher. The examination of cases is aimed at specific students' interests or in depth examination of the most recent decisions.
Students shall choose one of the following books: - E. Malfatti - S. Panizza - R. Romboli, Constitutional justice, Turin, Giappichelli, last ed. available; - G. Zagrebelsky - V. Marcenò, Constitutional justice, Bologna, Il Mulino, last ed. available.
The decisions of the Constitutional Court are available on the website www.cortecostituzionale.it or www.giurcost.org. Furthermore, for an overview of the most recent trends in the constitutional jurisprudence, reports can be readily read in the annual press conferences of the President of the Court, available on the website www.cortecostituzionale.it, Documentation section. All communications relating to the course can be found on the Ariel teaching platform.
Assessment methods and Criteria
Attending students will be called to do the practical activities offered by the course, which will consist of: drafting of a "ordinanza di rimessione" or an act of the private party or of the State Attorney General in the constitutional judgment; individual report on one or more leading cases, focused on the analysis of the procedural and merit profiles (chosen by the student, also in writing form); group report on a topic agreed with the teacher among the most relevant ones in the context of Italian constitutional justice (chosen by the student, also in writing form). The final grade will consist of the overall evaluation of the practical activities. To this end, the ability to identify the most significant procedural and merit profiles will be taken into account. The student may also request the integration of the assessment of the practical activities by taking an oral exam. It will be possible for attending students to agree with the teacher not to carry out the practical activities offered in the course: in this case, the evaluation will be carried out through an oral exam with the teacher on the program.
For non-attending students, the exam will consist of an oral exam with the teacher on the program.
Erasmus students: There are no specific programs for Erasmus students.