Administrative, Constitutional and European Justice
A.Y. 2019/2020
Learning objectives
The course has the aim of providing to the students the basic tools for the writing of some of the most frequent legal documents encountered in the legal practice, with specific focus on the protection of fundamental rights.
The students will be guided in the writing of the legal documents related to selected practical cases (e.g. acts instituting the proceedings; defenses; questions of constitutional; conventional; European legitimacy and preliminary referrals to the European Court of Justice; final sentences).
The students will be guided in the writing of the legal documents related to selected practical cases (e.g. acts instituting the proceedings; defenses; questions of constitutional; conventional; European legitimacy and preliminary referrals to the European Court of Justice; final sentences).
Expected learning outcomes
At the end of the course students will be required to demonstrate the following skills:
- Understanding and analysis of legal problems related to the selected practical cases. Students will have to show the ability to identify, understand and analyse the legal issues underlying the practical cases regarding administrative law, constitutional law and European law, with particular attention to the protection of fundamental rights.
- Ability to autonomously and critically assess the legal issues stemming from the practical cases. Students will have to be able to analyse the law and the case law; and to finalise the learnt legal notions and the knowledge related to the course's programme for the specific needs stemming from the practical cases and thus for the redaction of legal documents.
- Ability to find concrete solutions to practical cases. Students will have to demonstrate the ability to identify effective solutions to the identified legal problems, in accordance to the specificities and purposes of the considered legal document.
- Practical ability of redacting legal documents. Students will have to give proof of the ability to handle the tools needed to redact various legal documents in a coherent and technically appropriate style.
- Understanding and analysis of legal problems related to the selected practical cases. Students will have to show the ability to identify, understand and analyse the legal issues underlying the practical cases regarding administrative law, constitutional law and European law, with particular attention to the protection of fundamental rights.
- Ability to autonomously and critically assess the legal issues stemming from the practical cases. Students will have to be able to analyse the law and the case law; and to finalise the learnt legal notions and the knowledge related to the course's programme for the specific needs stemming from the practical cases and thus for the redaction of legal documents.
- Ability to find concrete solutions to practical cases. Students will have to demonstrate the ability to identify effective solutions to the identified legal problems, in accordance to the specificities and purposes of the considered legal document.
- Practical ability of redacting legal documents. Students will have to give proof of the ability to handle the tools needed to redact various legal documents in a coherent and technically appropriate style.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Lesson period
Second semester
Prerequisites for admission
No preliminary knowledge is needed. However, attendance to the courses admin-istrative justice (or advanced administrative law), constitutional justice and pro-cedural EU law and litigation is recommended.
The modules can be attended by the students of 4th and 5th year.
The modules can be attended by the students of 4th and 5th year.
Assessment methods and Criteria
Attendance is compulsory.
The calendar of the course is available on Arial website.
In each of the modules three legal acts will be redacted. Students will be evaluated on the basis of the redaction of these legal acts. The final grade will be jointly de-cided by the Professors on the basis of the student's active participation during classes and the legal acts that are redacted in the three modules.
The calendar of the course is available on Arial website.
In each of the modules three legal acts will be redacted. Students will be evaluated on the basis of the redaction of these legal acts. The final grade will be jointly de-cided by the Professors on the basis of the student's active participation during classes and the legal acts that are redacted in the three modules.
Modulo I
Course syllabus
The protection of citizens in administrative proceedings with particular refer-ence to the protection of fundamental rights.
The case studies will concern topics that are of greatest current interest, amongst the ones that have been already scrutinised by administrated or supranational courts (CJEU or ECHR), that are pending before these courts or that could pose grounds for litigation.
The module will focus on the identification of the relevant remedies and on the redaction of the correspondent legal documents.
No specific programmes for Erasmus students are envisaged.
The case studies will concern topics that are of greatest current interest, amongst the ones that have been already scrutinised by administrated or supranational courts (CJEU or ECHR), that are pending before these courts or that could pose grounds for litigation.
The module will focus on the identification of the relevant remedies and on the redaction of the correspondent legal documents.
No specific programmes for Erasmus students are envisaged.
Teaching methods
Professors will conduct the course through:
a) Lectures
b) Exercises
c) Seminars
d) Simulations
a) Lectures
b) Exercises
c) Seminars
d) Simulations
Teaching Resources
The course material needed for the redaction of the legal documents will be made available during each of the modules.
Modulo II
Course syllabus
The protection of fundamental rights before the Constitutional court.
The module will be devoted to the redaction of legal documents of relevance in the proceedings before the constitutional court (mainly acts instituting the pro-ceedings; and defences). The case studies, which will concern the protection of fundamental rights, will be selected through reference to the cases pending before the constitutional court, and in light of the topics that are of greatest current im-portance. The case studies will be communicated at the beginning of the module.
No specific programmes for Erasmus students are envisaged.
The module will be devoted to the redaction of legal documents of relevance in the proceedings before the constitutional court (mainly acts instituting the pro-ceedings; and defences). The case studies, which will concern the protection of fundamental rights, will be selected through reference to the cases pending before the constitutional court, and in light of the topics that are of greatest current im-portance. The case studies will be communicated at the beginning of the module.
No specific programmes for Erasmus students are envisaged.
Teaching methods
Professors will conduct the course through:
a) Lectures
b) Exercises
c) Seminars
d) Simulations
a) Lectures
b) Exercises
c) Seminars
d) Simulations
Teaching Resources
The course material needed for the redaction of the legal documents will be made available during each of the modules.
Modulo III
Course syllabus
The protection of fundamental rights before the European Court of Justice.
The module will concern the protection of fundamental rights before the Europe-an Court of Justice. The focus will be set on the redaction of legal documents rel-evant in the proceedings before the European Court of Justice (e.g. the act insti-tuting an action of annulment or defences in the context of a preliminary referral). The topics addressed will be identified at the beginning of the course, in light of the recent case law of the European Court of Justice and the most interesting questions referred to it.
No specific programmes for Erasmus students are envisaged.
The module will concern the protection of fundamental rights before the Europe-an Court of Justice. The focus will be set on the redaction of legal documents rel-evant in the proceedings before the European Court of Justice (e.g. the act insti-tuting an action of annulment or defences in the context of a preliminary referral). The topics addressed will be identified at the beginning of the course, in light of the recent case law of the European Court of Justice and the most interesting questions referred to it.
No specific programmes for Erasmus students are envisaged.
Teaching methods
Professors will conduct the course through:
a) Lectures
b) Exercises
c) Seminars
d) Simulations
a) Lectures
b) Exercises
c) Seminars
d) Simulations
Teaching Resources
The course material needed for the redaction of the legal documents will be made available during each of the modules.
Modulo I
IUS/08 - CONSTITUTIONAL LAW
IUS/09 - PUBLIC LAW
IUS/10 - ADMINISTRATIVE LAW
IUS/14 - EUROPEAN UNION LAW
IUS/21 - COMPARATIVE PUBLIC LAW
IUS/09 - PUBLIC LAW
IUS/10 - ADMINISTRATIVE LAW
IUS/14 - EUROPEAN UNION LAW
IUS/21 - COMPARATIVE PUBLIC LAW
Lessons: 14 hours
Modulo II
IUS/08 - CONSTITUTIONAL LAW
IUS/09 - PUBLIC LAW
IUS/10 - ADMINISTRATIVE LAW
IUS/14 - EUROPEAN UNION LAW
IUS/21 - COMPARATIVE PUBLIC LAW
IUS/09 - PUBLIC LAW
IUS/10 - ADMINISTRATIVE LAW
IUS/14 - EUROPEAN UNION LAW
IUS/21 - COMPARATIVE PUBLIC LAW
Lessons: 14 hours
Modulo III
IUS/08 - CONSTITUTIONAL LAW
IUS/09 - PUBLIC LAW
IUS/10 - ADMINISTRATIVE LAW
IUS/14 - EUROPEAN UNION LAW
IUS/21 - COMPARATIVE PUBLIC LAW
IUS/09 - PUBLIC LAW
IUS/10 - ADMINISTRATIVE LAW
IUS/14 - EUROPEAN UNION LAW
IUS/21 - COMPARATIVE PUBLIC LAW
Lessons: 14 hours