Safeguarding human rights

A.Y. 2020/2021
12
Max ECTS
84
Overall hours
SSD
IUS/08
Language
Italian
Learning objectives
The teaching activity, in accordance with the indications provided by the Dublin descriptors, aims to provide students with:
- Knowledge of the characteristic elements of the Italian system of fundamental rights and of Italian constitutional and supranational justice;
- Ability to apply the concepts learned in relations to specific case-law and to know how to tailor them in the current situation, also through the identification and interpretation of the relevant regulatory provisions and the jurisprudence;
- Ability to defend a legal point of view with reference to the topics learnt during the course;
- Ability to express the acquired notions with argumentative coherence, systematic method and language properties;
- Ability to detach the historical and evolutionary profiles of constitutional law
Expected learning outcomes
Al termine del corso lo studente che abbia proficuamente appreso la materia avrà una conoscenza approfondita degli argomenti del corso, con l'acquisizione di un metodo di ragionamento idoneo ad affrontare temi giuridici più specifici e complessi rispetto alle nozioni istituzionali del diritto costituzionale.
Course syllabus and organization

Single session

Responsible
Lesson period
year
Teaching method
The lesson will be held in presence, if it is possible, and they will be also synchronously transmitted on the Microsoft Teams platform. If it is not possible, the lessons, according to the first semester timetable, will be held synchronously on the Microsoft Teams Platform.
All lessons can also be followed asynchronously because they are recorded and made available to students on the same Microsoft Teams platform and Ariel.

Program and material

The program and the material will not be changed.

Learning verification and evaluation criteria
The exam will take place in oral form using the Microsoft Teams platform or, if permitted, in presence, always in oral form.
The evaluation criteria will not be changed.

There could be variations due to the development of the health situation.
In any case, in the event that it would be impossible to attend in presence, the development of distance learning would be guaranteed.
Course syllabus
The course deals with the issues related to the recognition and guarantee of fundamental rights.
The teaching activity will be conducted primarily through the analysis of the classical freedoms, expressly recognized by the Italian Constitution, and also of the "new rights", in the light of the Italian Constitution as well of supranational conventions.
Secondly, the tools of judicial protection of the rights will be analzed, with attention to the impartiality of the judges and to the right of defense; in this perspective, particular attention will also be payed to the role of the italian Constitutional Court.
Furthermore, the lessons will focus on the system of protection of fundamental rights at the level of the European Union and, more generally, at a supranational level, by examining the main international treaties and the corresponding control mechanisms.
In this perspective, a specific part of the course will be devoted to the relations between the national, the european and sopranational legal systems, with specific regard to the relations between the italian Constitutional Court, the Court of Justice of the European Union, the European Court of Human Rights and the European Committee of Social Rights.
The lessons will be conducted through direct examination - also by the students, under the supervision of the professors - of the most significant cases and of the most important decisions set by the Courts.
Analytical program:
- introductory notions on the recognition and protection of human fundamental rights;
- classic freedom rights, expressly cited in the Italian Constitution;
- cd. "new rights" and related underlying issues;
- the italian judicial protection of rights;
- the constitutional judgment of the Italian Constitutional Court;
- the recognition and protection of human fundamental rights at the supranational level;
- relationship between the Courts in the protection of human rights.

Erasmus students: No specific programmes for Erasmus students.
Prerequisites for admission
The prerequisites provided by the Sciences of Legal Services Course
Teaching methods
- Frontal lessons on general topics
- Case-law analysis to allow students to engage in the challenges concerning the national as well as the supranational system of rights' protection
Teaching Resources
- M. D'Amico - G. Arconzo - S. Leone, Constitutional Law Lessons, FrancoAngeli, Milan, 2018, chapters VII, IX and X;
- M. D'Amico, the disputed rights. Current issues of constitutionalism, FrancoAngeli, Milan, 2016.

The Court's decisions are available on www.cortecostituzionale.it or www.giurcost.org.
On the Ariel website platform are available all additional teaching materials.
Assessment methods and Criteria
Attending students will be asked to attend the practical activities offered by the course, which will consist of an individual oral speech, guided by the teachers, on one or more case law cases, focused on the analysis of procedural and merit profiles. The teachers will provide the relevant materials.
The grade of the practical activity will be communicated in a class after the discussion, will take into account the capacity to identify the critical elements of the case-law and to explain them in technical language and in a clear way.
The final grade (out of 30) will consist of an overall evaluation of the practical activity and the outcome of the final oral exam.

For non-attending students, the exam will consist only of an oral examination with the teachers on the course program. The final grade will be out of 30).
IUS/08 - CONSTITUTIONAL LAW - University credits: 12
Lessons: 84 hours