Public and Eu Law
A.Y. 2020/2021
Learning objectives
The Private Law course includes an overall analysis of the essential branches of private law as regulated in the Italian Civil Code and in its most important complementary laws.
The aim of the course is to provide students with the tools to understand the basic and main institutions of private law and, above all, to allow students to know how to deal with a private law problem at an institutional level by being able to understand its importance in practice and to provide an appropriate response at an institutional level.
The structure of the Italian Civil Code will be part of the course, as it is essential to know where it governs each institute.
Attendance of the course is highly recommended.
The Public Law course, instead, aims to provide students with the tools to orient themselves in the study of the fundamental institutes of Italian Public Law.
In particular, the course focuses on the characteristics of Italian Public Law, the sources of Italian Public Law, the Italian constitutional organisation, regionalism, public administrations and general notions of administrative acts, the organisation of the judiciary, constitutional justice, fundamental principles, constitutional rights and duties.
Attendance of the course is highly recommended.
The course of European Union Law aims to provide students with knowledge of the institutions of the European Union.
After illustrating the origins and evolution of the European integration process, the current structure of the European Union will be analysed, focusing in particular on the following aspects: general characteristics of the European Union and its competences, institutional framework of the European Union, functions attributed to political institutions, the legal system of the European Union and its sources, characteristics and effects of European Union law, the structure and competence of the Court of Justice and the relations between the European Union legal system and the Italian legal system.
Attendance of the course is highly recommended.
The aim of the course is to provide students with the tools to understand the basic and main institutions of private law and, above all, to allow students to know how to deal with a private law problem at an institutional level by being able to understand its importance in practice and to provide an appropriate response at an institutional level.
The structure of the Italian Civil Code will be part of the course, as it is essential to know where it governs each institute.
Attendance of the course is highly recommended.
The Public Law course, instead, aims to provide students with the tools to orient themselves in the study of the fundamental institutes of Italian Public Law.
In particular, the course focuses on the characteristics of Italian Public Law, the sources of Italian Public Law, the Italian constitutional organisation, regionalism, public administrations and general notions of administrative acts, the organisation of the judiciary, constitutional justice, fundamental principles, constitutional rights and duties.
Attendance of the course is highly recommended.
The course of European Union Law aims to provide students with knowledge of the institutions of the European Union.
After illustrating the origins and evolution of the European integration process, the current structure of the European Union will be analysed, focusing in particular on the following aspects: general characteristics of the European Union and its competences, institutional framework of the European Union, functions attributed to political institutions, the legal system of the European Union and its sources, characteristics and effects of European Union law, the structure and competence of the Court of Justice and the relations between the European Union legal system and the Italian legal system.
Attendance of the course is highly recommended.
Expected learning outcomes
Al termine dell'insegnamento lo studente dovrà essere in grado di declinare i principali istituti del diritto privato, del diritto pubblico e del diritto dell'unione europea nella pratica socio economica ed essere in grado di affrontare, valutare qual è il problema giuridico che viene in rilevo in una determinata fattispecie attinente ai rapporti fra privati, fra imprese e fra enti pubblici anche a livello transnazionale e dovrà altresì essere in grado di fornire risposte logiche e coerenti al problema individuando l'istituto giuridico applicabile al caso di specie.
Lesson period: Second trimester
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
Responsible
Lesson period
Second trimester
SYLLABUS
Syllabus is the same as last year.
EDUCATIONAL METHODS
With regard to the teaching of Istituzioni di Diritto Pubblico e dell'Unione Europea the lessons are held, according to the frontal teaching method, in the presence, in classroom 5, and simultaneously in synchronous mode (web-conference) in the channel "Institutions of public law and law of the EU" of the MS TEAMS teaching platform, code: clum0xz
The lesson schedule is Monday and Tuesday, from 8.30 am to 10.30 am
The registration of lessons will be made available subsequently, on a weekly basis, on the ARIEL platform of teaching.
With regard to the teaching of Istituzioni di Diritto Privato The Private Law classes will take place during the second quarter, with frontal teaching, unless otherwise indicated. Later, the recorded lessons will be available once a week on the Ariel teaching platform.
STUDY MATERIAL
With regard to the teaching of Istituzioni di Diritto Pubblico e Istituzioni di Diritto dell'Unione Europea all students (without distinction) prepare the exam on the manuals: P. Bilancia - E. De Marco (a cura di), L'Ordinamento della Repubblica. Le Istituzioni e la Società, III edizione, Cedam, Padova 2018 e U. Draetta, F. Bestagno, A. Santini, Elementi di diritto dell'Unione europea. Parte istituzionale. Ordinamento e struttura dell'Unione europea, VI ediz., Giuffrè Francis Lefebvre, Milano 2018.
With regard to the teaching of Istituzioni di Diritto Privato All students will have to prepare the exam on the manual: Mario Bessone, (edited by) , Lineamenti di diritto privato, Giappichelli, Ult. Ed., regarding the chapters of the program. It is also essential to study the Civil Code, using its updated version.
ASSESSMENT METHODS AND ASSESSMENT CRITERIA
In the event that the exams are not allowed to take place in the presence, the exam is held at a distance on the MS TEAMS platform of the teaching in the appropriate channel "Exams".
The methods of verification of learning and the evaluation criteria are the same as for the mode in presence.
FURTHER INFORMATION
Further information, notices and updates, both on lessons and exams, are published on the ARIEL teaching website.
We strongly recommend to consult the site frequently.
Syllabus is the same as last year.
EDUCATIONAL METHODS
With regard to the teaching of Istituzioni di Diritto Pubblico e dell'Unione Europea the lessons are held, according to the frontal teaching method, in the presence, in classroom 5, and simultaneously in synchronous mode (web-conference) in the channel "Institutions of public law and law of the EU" of the MS TEAMS teaching platform, code: clum0xz
The lesson schedule is Monday and Tuesday, from 8.30 am to 10.30 am
The registration of lessons will be made available subsequently, on a weekly basis, on the ARIEL platform of teaching.
With regard to the teaching of Istituzioni di Diritto Privato The Private Law classes will take place during the second quarter, with frontal teaching, unless otherwise indicated. Later, the recorded lessons will be available once a week on the Ariel teaching platform.
STUDY MATERIAL
With regard to the teaching of Istituzioni di Diritto Pubblico e Istituzioni di Diritto dell'Unione Europea all students (without distinction) prepare the exam on the manuals: P. Bilancia - E. De Marco (a cura di), L'Ordinamento della Repubblica. Le Istituzioni e la Società, III edizione, Cedam, Padova 2018 e U. Draetta, F. Bestagno, A. Santini, Elementi di diritto dell'Unione europea. Parte istituzionale. Ordinamento e struttura dell'Unione europea, VI ediz., Giuffrè Francis Lefebvre, Milano 2018.
With regard to the teaching of Istituzioni di Diritto Privato All students will have to prepare the exam on the manual: Mario Bessone, (edited by) , Lineamenti di diritto privato, Giappichelli, Ult. Ed., regarding the chapters of the program. It is also essential to study the Civil Code, using its updated version.
ASSESSMENT METHODS AND ASSESSMENT CRITERIA
In the event that the exams are not allowed to take place in the presence, the exam is held at a distance on the MS TEAMS platform of the teaching in the appropriate channel "Exams".
The methods of verification of learning and the evaluation criteria are the same as for the mode in presence.
FURTHER INFORMATION
Further information, notices and updates, both on lessons and exams, are published on the ARIEL teaching website.
We strongly recommend to consult the site frequently.
Course syllabus
With regard to the teaching of Istituzioni di Diritto Pubblico syllabus includes: the characteristics of the legal phenomenon, legal entities and legal relationship, the concept and elements of the legal order and the relationship between the sources of law and interpretation, the division of law and the areas of public law, the different conceptions and characteristics of the Constitution, the constituent elements of the State and the concept of the form of the State and the concept of the form of government, the outlines of Italian institutional history and the principles characterising the Italian legal order, the electorate, electoral function and referendum to repeal, electoral laws and political rights, the Parliament (historical origins, structure, training and duration, organisation and autonomy, the status of parliamentarian and the Parliament in a joint session), the Government of the Republic (structure, training, organisation, functions and responsibilities), the legislative and regulatory function of the State (ordinary law and constitutional laws and constitutional revision, acts having the force of law and regulations), the function of political direction and control between Parliament and Government, the Public Administration (organization and public service relations), the independent authorities and auxiliary bodies, the President of the Republic (role and position in the Italian constitutional system, election and term of office, impediments and substitution, functions, responsibilities and institution of counter-signature); the regions and local authorities (constitutional position, form of government, statutory and regulatory autonomy, sharing of legislative and administrative powers, relations with the European Union) and the regulatory function of the regions and local authorities (regional statutes and laws, local statutes and regulations), the judicial system (the legal status of magistrates and the Superior Council of the Judiciary, the system of administrative and accounting justice, constitutional principles relating to the exercise of judicial function, double degree of jurisdiction and role of the Court of Cassation), the Constitutional Court and the constitutional justice system (incidental and direct access, types of judgments, judgment on attribution conflicts and between State and Region, judgment on the accusations), personal freedom, freedom of domicile, movement and residence, secrecy of correspondence, religious freedom, expression of thought, assembly, association.
With regard to the teaching of Istituzioni di Diritto dell'Unione Europea syllabus includes: the origins and development of the European integration; the general characteristics of the European Union and its competences; the institutional framework of the European Union; the functions assigned to the political institutions; the legal order of the European Union and its sources; the character and effects of European Union law; the powers of the Court of Justice of the European Union; the relationships between the legal order of the European Union and Italian law.
With regard to the teaching of Istituzioni di Diritto Privato the course provides an overview and analysis of Italian private law concerning legal persons, businesses and companies, property law, contract law, tort law.
The course aims to give an institutional preparation about the laws which regulate relationships between private parties.
With regard to the teaching of Istituzioni di Diritto dell'Unione Europea syllabus includes: the origins and development of the European integration; the general characteristics of the European Union and its competences; the institutional framework of the European Union; the functions assigned to the political institutions; the legal order of the European Union and its sources; the character and effects of European Union law; the powers of the Court of Justice of the European Union; the relationships between the legal order of the European Union and Italian law.
With regard to the teaching of Istituzioni di Diritto Privato the course provides an overview and analysis of Italian private law concerning legal persons, businesses and companies, property law, contract law, tort law.
The course aims to give an institutional preparation about the laws which regulate relationships between private parties.
Prerequisites for admission
It requires a good knowledge of the italian language and a good level of speaking.
No prior knowledge of the subject is required.
No prior knowledge of the subject is required.
Teaching methods
Whit regard to the teaching of Istituzioni di Diritto Pubblico and of Istituzioni di Diritto dell'Unione Europea the lessons, which take place according to the method of frontal teaching, aim to promote the active participation of the students also through a deepening of the themes of the teaching that takes into account the events of the most pressing political-constitutional relevance. Attendance is highly recommended.
Whit regard to the teaching of Istituzioni di Diritto Privato, frontal lessons. In addition to the main course, there will also be a seminar on the main typical contracts: sale, lease and tender.
Whit regard to the teaching of Istituzioni di Diritto Privato, frontal lessons. In addition to the main course, there will also be a seminar on the main typical contracts: sale, lease and tender.
Teaching Resources
With regard to the teaching of Istituzioni di Diritto Pubblico The study materials are:
-the book P. Bilancia e E. De Marco (a cura di), L'ordinamento della Repubblica. Le Istituzioni e la Società, Padova, CEDAM, 2018,
chapter I Società e diritto;
· chapter II Lo Stato, paragrafi 1-4;
· chapter VI, L'ordinamento italiano;
· chapter VII Le fonti del diritto: Sez. I; Sez. II; Sez. III;
· chapter VIII, La Repubblica e le sue istituzioni: Sez. I; Sez. II, paragrafi 1-5; Sez. III; Sez. IV; Sez. V; Sez. VI; Sez. VII, paragrafi 1-9, sez. VIII;
· chapter IX, La società civile. Diritti e doveri costituzionali: Sez. I; Sez. II; Sez. III.
-lecture notes.
The direct knowledge of the text of the Italian Constitution and of the main sources of the Italian and European constitutional system is also necessary.
With regard to the teaching of Istituzioni di Diritto dell'Unione Europea The study materials are:
U. Draetta, F. Bestagno, A. Santini, Elementi di diritto dell'Unione europea. Parte istituzionale. Ordinamento e struttura dell'Unione europea, VI ediz., Giuffrè Francis Lefebvre, Milano 2018, except Chapter 9.
-lecture notes.
The direct knowledge of the main sources of the European legal order is also necessary.
With regard to the teaching of Istituzioni di Diritto Privato: Mario Bessone (edited by), Lineamenti di diritto privato, Giappichelli, Ult. Ed., with regard to the chapters covered by the syllabus.
It is also necessary to study from the Civil Code, using any updated edition.
-the book P. Bilancia e E. De Marco (a cura di), L'ordinamento della Repubblica. Le Istituzioni e la Società, Padova, CEDAM, 2018,
chapter I Società e diritto;
· chapter II Lo Stato, paragrafi 1-4;
· chapter VI, L'ordinamento italiano;
· chapter VII Le fonti del diritto: Sez. I; Sez. II; Sez. III;
· chapter VIII, La Repubblica e le sue istituzioni: Sez. I; Sez. II, paragrafi 1-5; Sez. III; Sez. IV; Sez. V; Sez. VI; Sez. VII, paragrafi 1-9, sez. VIII;
· chapter IX, La società civile. Diritti e doveri costituzionali: Sez. I; Sez. II; Sez. III.
-lecture notes.
The direct knowledge of the text of the Italian Constitution and of the main sources of the Italian and European constitutional system is also necessary.
With regard to the teaching of Istituzioni di Diritto dell'Unione Europea The study materials are:
U. Draetta, F. Bestagno, A. Santini, Elementi di diritto dell'Unione europea. Parte istituzionale. Ordinamento e struttura dell'Unione europea, VI ediz., Giuffrè Francis Lefebvre, Milano 2018, except Chapter 9.
-lecture notes.
The direct knowledge of the main sources of the European legal order is also necessary.
With regard to the teaching of Istituzioni di Diritto Privato: Mario Bessone (edited by), Lineamenti di diritto privato, Giappichelli, Ult. Ed., with regard to the chapters covered by the syllabus.
It is also necessary to study from the Civil Code, using any updated edition.
Assessment methods and Criteria
With regard to the teaching of Istituzioni di Diritto Pubblico and Istituzioni di Diritto dell'Unione Europea the examination is performed exclusively in oral form and it usually consists of two questions, each relating to any of the subjects of the programme, to determine whether the student has achieved the expected learning outcomes of teaching.
The evaluation, expressed in thirtieths, takes into account the level of knowledge and mastery of the subject and the ability to expose it by a logical-systematic method, with technical-legal language properties and correctness of normative and jurisprudence references (possibly also framing new phenomena or case studies).
Students are called to the exam according to the order of enrolment at the appeal. During the examination, students are not allowed to use texts or notes of any kind.
With regard to the teaching of Istituzioni di Diritto Privato During the oral exam, the student's learning will be evaluated and the evaluation criteria will be based on the student's knowledge of syllabus and his speaking level.
The evaluation, expressed in thirtieths, takes into account the level of knowledge and mastery of the subject and the ability to expose it by a logical-systematic method, with technical-legal language properties and correctness of normative and jurisprudence references (possibly also framing new phenomena or case studies).
Students are called to the exam according to the order of enrolment at the appeal. During the examination, students are not allowed to use texts or notes of any kind.
With regard to the teaching of Istituzioni di Diritto Privato During the oral exam, the student's learning will be evaluated and the evaluation criteria will be based on the student's knowledge of syllabus and his speaking level.
IUS/01 - PRIVATE LAW - University credits: 6
IUS/09 - PUBLIC LAW - University credits: 3
IUS/14 - EUROPEAN UNION LAW - University credits: 3
IUS/09 - PUBLIC LAW - University credits: 3
IUS/14 - EUROPEAN UNION LAW - University credits: 3
Lessons: 80 hours
Professors:
Camilletti Francesco, Fusco Alessia
Professor(s)