Public Law

A.Y. 2020/2021
9
Max ECTS
60
Overall hours
SSD
IUS/09
Language
Italian
Learning objectives
The course aims at providing students with an in-depth knowledge, and its related technical-legal language and logical reasoning, of the main concepts of constitutionalism and of the fundamental institutes of Italian public law (sources of law, constitutional and administrative organization of the State and public bodies, judiciary, rights of the citizens). It will allow students to develop the fundamental competences needed to in other legal courses of the bachelor programme

To achieve the above-mentioned learning objectives, in addition to the study of textbooks, attendance of lessons, although not compulsory - is highly recommended. They are essential training moments on the public law methodological approach and for the discussion of legal case studies.
Expected learning outcomes
Knowledge and understanding
At the end of the course, students will understand the main concepts of contemporary constitutionalism and the fundamental institutes of Italian public law.

Applying knowledge and understanding
Students will be able to apply the main concept of contemporary constitutionalism and the fundamental institutes of Italian public law, to analyze the Italian constitutional system, also in its relations with supranational systems, and to solve relevant cases and problems of political-institutional nature.

Making judgements
The student will be able to elaborate an autonomous interpretation, from a legal perspective, of the political-institutional framework.

Communication skills
The student will be able to illustrate with properties of language and clarity, even to non-specialist interlocutors, the main concepts of contemporary constitutionalism and the fundamental institutes of Italian public law.

Learning skills
The course aims at providing students with knowledge and methodological skills regarding the legal phenomenon in general and public law in particular, useful to pursue successfully the legal studies provided in the degree course.
Course syllabus and organization

A-K

Lesson period
First trimester
COURSE SYLLABUS
No variations.

TEACHING METHODS
The lessons (academic lectures) will be taught in class (room 11) and simultaneously via web-conference on the Microsoft Teams platform of the course, code to join: 5nbxfkr
The recorded lessons will be available on the Ariel platform of the course until the end of the course.

TEACHING RESOURCES
All the students (with no distinction) study for the exam on the lectures' notes taken by themselves, and on the book: P. Bilancia - E. De Marco (editors), L'Ordinamento della Repubblica. Le Istituzioni e la Società, Cedam (publisher), 3d edition, year 2018 (chapter V, section VI of chapter VII and chapter X excluded).

ASSESSMENT METHODS AND CRITERIA
Whenever the exam in presence is not allowed, the exam will take place, with the same assement methods and criteria, on the Microsoft Teams platform of the course.

FURTHER INFORMATION
For any further information and notice about the lessons or the exam, please refer, frequently, to the Ariel platform of the course.
Course syllabus
As an indication, the course examines: the foundations of a legal order and the principles of legal reasoning; the forms of State; the international law (overall view) and the relationships between the international legal order and domestic legal order; the European integration's process and the European legal order (overall view); the system of the sources of law; the forms of government; the principles of Italian constitutional order; the Italian constitutional history; the fundamental rights; the referendum and the institutions of representative democracy; the Italian Legislative Power; the Italian President of the Republic; the Italian Executive Power; the Italian regional and local system of government; the Italian system of Public Administration; the Italian Judiciary; the Italian judicial review of legislation and Constitutional Court.
Prerequisites for admission
As a first-year, first trimester course, there are no specific prerequisites for taking the exam other than those required for admission to the degree course.
Teaching methods
Fontal lessons (academic lectures taught in class with slides support) in the Italian language.
Attending lessons is strongly recommended.
Teaching Resources
Attending students study for the exam on the notes taken by themselves during class and on the book: P. Bilancia - E. De Marco (editors), L'Ordinamento della Repubblica. Le Istituzioni e la Società, Cedam (publisher), 3d edition, year 2018 (chapter V, section VI of chapter VII and chapter X excluded).

Non attending students study for the exam on the following three books:
P. Bilancia - E. De Marco (editors), L'Ordinamento della Repubblica. Le Istituzioni e la Società, Cedam (publisher), 3rd edition, year 2018; F. Sorrentino, Dell'eguaglianza, Mucchi (publisher), year 2014; S. Bartole, La repubblica italiana e la sua forma di governo, Mucchi (publisher), year 2018; F. Rimoli, Sulla retorica dei diritti, Mucchi (publisher), year 2018.
A student is considered as "non attending" if he/she attends less than sixteen lessons.
Assessment methods and Criteria
The examination is exclusively in oral form and in the Italian language (without exceptions). It consists of three questions, usually, each of which relates to any of the topics of the program, aimed at ascertaining the student's actual achievement of the expected learning outcomes of the course. The result, expressed in thirtieths, takes into account the level of knowledge and mastery of the matter, and the ability to expose it in a logical-systematic method, with properties of technical-legal language and correctness of legal references (possibly even framing new phenomena or case studies).
Students are called to the exam according to the order in which they register for the exam.
During the exam, the student is not allowed to use texts or notes of any kind (included slides, on-line materials, or electronic files of any type).
IUS/09 - PUBLIC LAW - University credits: 9
Lessons: 60 hours

L-Z

Responsible
Lesson period
First trimester
The lessons (classroom 6, 8.30-10.30, from 24 September, every Thursday, Friday, and Saturday) will be streamed on the youtube channel "Davide Galliani UNIMI" (it is advisable to register) and then uploaded to the official website of the course: www.lifeimprisonment.eu
During the lessons, you can ask questions in the streaming chat.
During the course, "Questions & Answers" meetings will be organized for clarification.
Course syllabus
As an indication, the course examines: the foundations of a legal order and the principles of legal reasoning; the forms of State; the international law (overall view) and the relationships between the international legal order and domestic legal order; the European integration's process and the European legal order (overall view); the system of the sources of law; the forms of government; the principles of Italian constitutional order; the Italian constitutional history; the fundamental rights; the referendum and the institutions of representative democracy; the Italian Legislative Power; the Italian President of the Republic; the Italian Executive Power; the Italian regional and local system of government; the Italian system of Public Administration; the Italian Judiciary; the Italian judicial review of legislation and Constitutional Court.
Prerequisites for admission
None, only attendance to lessons.
Teaching methods
The teaching will take place through lectures, with the use of slides, videos and digital materials, facilitating questions and reflections for further insights. All lessons will be audio-video recorded and immediately made available to students on the wed page "Public law" of the website www.lifeimprisonment.eu
Teaching Resources
First and second units:
- notes from lessons;
- manual: L'ordinamento della Repubblica. Le Istituzioni e la Società, (a cura di) P. Bilancia e E. De Marco, III edizione, Cedam, Padova, 2018.
Third units:
- notes from lessons;
- manual: L'ordinamento della Repubblica. Le Istituzioni e la Società, (a cura di) P. Bilancia e E. De Marco, III edizione, Cedam, Padova, 2018;
- book: P. Pinto de Albuquerque, I diritti umani in una prospettiva europea. Opinioni concorrenti e dissenzienti (2011-2015), a cura e con un saggio di Davide Galliani, prefazione di P. Bilancia, Giappichelli, Torino, 2016 (almeno dieci opinioni).
- one of these two books:
a) Emilio Dolcini, Elvio Fassone, Davide Galliani, Paulo Pinto de Albuquerque, Andrea Pugiotto, Il diritto alla speranza. L'ergastolo nel diritto penale costituzionale, Giappichelli, Torino, 2019.
b) Emilio Dolcuni, Fabio Fiorentin, Davide Galliani, Raffaello Magi, Andrea Pugiotto. Il diritto alla speranza davanti alle corti. Ergastolo ostativo e articolo 41-bis, Giappichelli, Torino, 2020 (in corso di pubblicazione).
Assessment methods and Criteria
The exam takes place in an oral test, usually three questions, each on a topic of a teaching unit, aimed at ascertaining the full knowledge of the subject and the ability to expose it with logical-systematic method and technical-legal language properties ( also to frame and describe new phenomena or case studies). In order to take the exam, therefore, the student must set up the study using a systematic interpretation of the institutes addressed during the course. The exam, in fact, requires the student to be able to handle all the subject, demonstrating that he or she has the ability to navigate public law topics.
IUS/09 - PUBLIC LAW - University credits: 9
Lessons: 60 hours
Professor: Galliani Davide
Educational website(s)
Professor(s)
Reception:
Friday, h. 3 p.m. - 6 p.m.
At distance on MS Teams (code: 24z1sj9)