Course of Constitutional Justice [6 credits]
The 6 credits course focuses on the constitutional scrutinity of the Constituional Court on questions of constitutionality promoted by a referral of the judge (giudizio in via incidentale): the teaching will be held through the direct exam of the cases pertaining to the pivotal features of the constitutional process, which will be carried out from the students under the guide of the teacher.
The course will address the following topics:
a)the legitimacy of the a quo judge to referr a question to the Constitutional Court; the relevance ("rilevanza") of the question of constitutionality; the thema decidendum along with the investigation over the relationship among the Constitutional Court and judges; b) the process before the Constitutional Court; the proceeding; the parties; the powers of investigation of the Constitutional Court; c) the types of decisions of the Constituttional Court; d) the effects of the Constitutional Court's judgements.
The choice of the law-cases depends on the student's interests or on the recent changes in the jurisprudence.
Students attending the course will be involved in the following practical activities:
· Redaction of a referral order;
· Individual report on one or more law-cases, focused on the analysis of the procedural and substantial terms of the question of constitutionality;
· Group report on a topic agreed with the Professor among the most important in the context of the Italian constitutional justice.
Course of Constitutional Justice [9 credits]
In addition to the program defined for the 6 credits course, the 9 credits course focuses on the further powers of the Constitutional Court: a) the scrutiny on the constitutionality of laws "in via principale", which is originated by a recourse promoted by the State and the Regions; b) the conflict between the branches of the State, the State and the Regions or among the Regions; c) the proceeding on the admissibility of referenda for the repeal of legislation; d) the proceeding on the impeachment of the President of the Republic.
Text book and didactic material
- M. D'Amico - F. Biondi, La giustizia costituzionale, Torino, Giappichelli, in process of being published;
- E. Malfatti - S. Panizza - R. Romboli, Giustizia costituzionale, Torino, Giappichelli, last edition available;
- G. Zagrebelsky - V. Marcenò, Giustizia costituzionale, Bologna, Il Mulino, last edition available.
Constitutional Court's judgements can be consulted on the following links: www.cortecostituzionale.it
For a detailed overview over the most recent developments in the Constitutional Court's jurisprudence, students are reccomended to review the annual reports of the Constitutional Court's President on the constitutional jurisprudence on www.cortecostituzionale.it
, "Documentazione" section.
All the information regarding the course's schedule and topics are available on the Ariel Platform.
Learning Outcome Goals and method of evaluation
At the end of the course, students will be able to:
-understand the system of Italian Constitutional Justice;
-apply the acquired knowledge to facts;
-analyze the jurisprudence of the Constitutional Court;
-understand the use of specific and proper language in the context of Constitutional Justice;
-know the historical development of Constitutional Justice;
Attending students will be involved in practical activities, such as the redaction of a referral order, an individual report or a group report. They will be required to choose between the redaction of the individual and the group report. The final vote consists in the evaluation of the practical activities. The evaluation will take into account the ability of identifying the procedural and substantial features of the assigned case law.
In order to integrate the evaluation of the practical activities, attending students can ask to substain an oral exam.
Attending students will have also the chance not to getting involved in the practical activities: in this case, the evaluation will consist in an oral exam (upon agreement with the Professor).
For the students who do not establish attendance, the exam will consist in an oral exam on the program.
In addition to the ways of examination provided for the 6 credits course, the oral exam of the 9 credits course will cover the related part of the program.