Public Law

A.Y. 2020/2021
9
Max ECTS
60
Overall hours
SSD
IUS/09
Language
Italian
Learning objectives
The students must demonstrate a broad knowledge and a clear understanding of contemporary constitutionalism and Italian Public Law, in particular, considering: the legal phenomenon, the sources of law, the forms of State and of Government, the electoral law and the institutes of direct democracy, the Italian Parliament, the Italian President of the Republic, the Italian Government, the Italian regionalism and system of local government, the Italian Public Administration and the general notions about administrative acts, the Italian Judiciary, the Constitutional justice, the fundamental rights at national and European level
Expected learning outcomes
The course aims to provide students with a correct legal methodology. Attendance of the course is strongly recommended also in order to get an adequate methodological approach to the study of public law and legal studies. The course will allow the student to acquire the fundamental notions of the Italian Public Order, in its historical evolution, in its current structure and in the light of the European integration process.
The course intends to develop the critical skills of the students in relation to the topics dealt with, that will be addressed through the analysis of the institutions, the constitutional text, the main laws and case law that will also be examined in the light of the most recent institutional, political and social developments. Students must be able to analyse and interpret the Constitution and the main Laws, to acquire a correct legal reasoning and a critical capacity in relation to the different topics covered by Public Law. The course also aims to enable students to interpret the main political and institutional events related to Public law in an autonomous way, from a legal point of view.
Students must be able to communicate their knowledge with correct legal terminology, systemic thought and proper logical reasoning. The course provides the tools to develop a legal reasoning and also gives the students the necessary bases to study other Law Courses such as Comparative Constitutional Law, Administrative Law, International Law, Immigration Law and European Union Law.
Course syllabus and organization

A-K

Responsible
Lesson period
Second trimester
The course, scheduled in the second semester, will be held in presence unless circumstances will impose to turn online.
Course syllabus
As an indication, the course examines: the foundations of a legal order; the forms of State; the forms of government; the international law and the relationships between the international legal order and the national legal order (overall view); the European legal order and the relationships between the European Union law and the national law; the system of the sources of law; the principles of Italian constitutional order; the institutions of representative democracy and the referendum; the Italian legislative power; the Italian President of the Republic; the Italian executive power; the Italian regional and local government; the Italian system of public administration; the Italian judicial system; the Italian judicial review of legislation and the Constitutional Court, the fundamental rights.
Prerequisites for admission
There are no prerequisites, (Attendance of the course is strongly recommended)
Teaching methods
Frontal lesson. The cours aims to encourage the active participation of the students examining the most important and recent political-constitutional events.
Teaching Resources
P. Bilancia e E. De Marco (a cura di), L'ordinamento della Repubblica. Le Istituzioni e la Società, Padova, CEDAM, 2018, capitoli I, II, III, IV, V, VI, VII, VIII, IX, X.
Assessment methods and Criteria
The exam consists in an oral test concerning the topics covered in the course: three questions covering (as an indication) each part of the course. The test aims to verify the achievement of the course objectives and, in particular, the full knowledge of the subject and the ability to expose it with legal logic, legal language and good reference to the main constitutional rules and laws.
IUS/09 - PUBLIC LAW - University credits: 9
Lessons: 60 hours
Professor: Scuto Filippo

L-Z

Responsible
Lesson period
Second trimester
SYLLABUS
Syllabus is the same.
EDUCATIONAL METHODS
The lessons are held, according to the frontal teaching method, in the presence, 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.
The registration of lessons will be made available subsequently, on a weekly basis, on the ARIEL platform of teaching.

STUDY MATERIAL
All students (without distinction) prepare the exam on the manual: P. Bilancia - E. De Marco (a cura di), L'Ordinamento della Repubblica. Le Istituzioni e la Società, III edizione, Cedam, Padova 2018.

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
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 forms of State (absolute, police, liberal, pluralist and social, unitary, federal, regional), the concept of the form of government and the forms of government (presidential, semi-presidential and parliamentary, and their variants), 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, balance between constitutional values), personal freedom, freedom of domicile, movement and residence, secrecy of correspondence, religious freedom, expression of thought, assembly, association, private economic initiative, the right to property, the right to education, the right to health, the right to social security and employment, public duties, the European protection of the rights of freedom and new rights, the mechanisms for institutional linkage between the Italian Republic and the European Union.
Prerequisites for admission
No prior knowledge of the subject is required.
Teaching methods
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. References to the cases dealt with in lesson will be spread through the Ariel platform. Attendance is highly recommended.
Teaching Resources
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, chapters I, II, III, IV, V, VI, VII, VIII, IX;
-lecture notes.
Assessment methods and Criteria
The examination is performed exclusively in oral form and it usually consists of three 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.
IUS/09 - PUBLIC LAW - University credits: 9
Lessons: 60 hours
Professor: Fusco Alessia
Educational website(s)