Public Law

A.Y. 2021/2022
9
Max ECTS
60
Overall hours
SSD
IUS/09
Language
Italian
Learning objectives
The aim of the course is to provide students with the tools to understand and master the main concepts of contemporary constitutionalism and the fundamental institutions of - not only - Italian public law, with particular regard to: the legal phenomenon; the State and its constituent elements; the forms of State; the forms of government; the relationship between the state system and the other legal systems; the institutional system of the European Union and its impact on national law; the system of sources of law in the Italian legal system and its relations with the sources of the European Union; the general principles of the Italian constitutional order; the electoral body and the institutions of direct democracy; the Italian constitutional organization (Parliament, President of the Republic, Government); the regionalism and the local government system; the constitutional principles relating to public administrations; freedoms and fundamental rights; the organization of the judiciary and constitutional justice. The issues will be addressed through the analysis of the institutions, of the constitutional text (to which constant reference will be made during the lectures) and of the main laws, which will also be examined considering the most recent institutional, political and social developments. Furthermore, the necessary tools to develop legal reasoning and to study other legal subjects will be provided.
Expected learning outcomes
At the end of the course the student will acquire a correct legal methodology and the fundamental notions of Italian public law in its historical evolution, in its current structure and in the light of the process of European integration. The student will be able to: develop critical and in-depth skills in public law and comparative public law, thanks to the analysis of some jurisprudential cases that will be presented during the lectures; recognize and interpret the constitutional rules and the main laws considering the main issues related to contemporary constitutionalism and public law; communicate knowledge through the proper legal language and logical reasoning. Attending the lectures is strongly recommended in order to acquire an adequate methodological approach to the study of the discipline.
Course syllabus and organization

Single session

Responsible
Lesson period
Third trimester
More specific information on the delivery modes of training activities for academic year 2021/22 will be provided over the coming months, based on the evolution of the public health situation.
Course syllabus
The course has as its object the study, with an adequate methodological approach, of the main concepts of contemporary constitutionalism and of the fundamental institutions of Italian public law (but not only) with particular regard to: the legal phenomenon; the State and its constituent elements; the forms of State; the forms of government; the relationship between the state system and other legal systems; the system of the sources of the law in the Italian legal system and its interactions with the sources of the European Union; the institutional system of the European Union and its impact on national law; regionalism and the local government system; the general principles of the Italian constitutional order; the electoral body and the institutions of direct democracy; the Italian constitutional organization (Parliament, President of the Republic, Government); the public administration; fundamental freedoms and rights; the organization of the judiciary and constitutional justice. The issues will be addressed through the analysis of the institutions, of the constitutional text (to which constant reference will be made during the lectures) and of the main laws, which will also be examined in the light of the most recent institutional, political and social developments.
Prerequisites for admission
No prior knowledge is required.
Teaching methods
The course is divided into three modules. A first module will be dedicated to the examination of the legal phenomenon; the State and its constituent elements; the forms of state; the forms of government; the system of sources of law in the Italian legal system and its relations with the sources of the European Union. The second module will deal with the following aspects: the relationship between the state system and the other systems; the institutional system of the European Union and its impact on national law; the Regions and Local Authorities; the electoral body and direct democracy institutions; the Italian constitutional organization (Parliament, President of the Republic, Government); the public administration. In the third module, the course will focus on: the general principles of the Italian constitutional order; fundamental feedoms and rights; the organization of the judiciary and constitutional justice.
The teaching method is mainly based on lectures. However, during the course students will be offered the opportunity to carry out group works and to conduct research on topics related to those covered by the course. This in order to develop opportunities for collaborative interaction between students, and between the latter and teachers.
Teaching Resources
Reference material for attending and non-attending students:

- for the 1st module: P. Bilancia, E. De Marco (eds.), L'ordinamento della Repubblica. Le Istituzioni e la Società, Milano, Wolters Kluwer-CEDAM, 2021, chapters I, II, III, IV e VII.

- for the 2nd module: P. Bilancia, E. De Marco (eds.), L'ordinamento della Repubblica. Le Istituzioni e la Società, Milano, Wolters Kluwer-CEDAM, 2021, chapters V, VI, VIII (sections I, II, III, IV, V, VII)

- for the 3rd module: P. Bilancia, E. De Marco (eds.), L'ordinamento della Repubblica. Le Istituzioni e la Società, Milano, Wolters Kluwer-CEDAM, 2021, chapters VIII (sections VI, VIII) and IX.

Furthermore, the purchase of the following constitutional code is recommended: P. Bilancia, F.G. Pizzetti, Testi e progetti del sistema costituzionale italiano ed europeo. Edizione speciale per il Referendum costituzionale 2016, Giappichelli, Torino, 2016.

Additional materials will be available on Ariel platform.
Assessment methods and Criteria
Attending students can take partial oral exams, aim at verifying not only the knowledge acquired in relation to specific parts, but also their argumentative and critical abilities, as well as their ability to expose the topics. At the end of the course, the final exam mark - which must be recorded after the enrollment - via SIFA - of the students in an exam session among those set in the calendar - will be given by the mathematical average of the marks reported in the partial tests. Also attending students will, however, be able to choose to take the exam in a single oral exam, including all three modules, in an exam session among those set in the calendar, upon enrollment via the SIFA system.
The exam for non-attending students consists of a single oral exam, including both of the foreseen modules, to be taken during an examination session among those fixed in the calendar.
The exam aims to verify the knowledge of the topics covered in the course and the argumentative and critical abilities of the students.
IUS/09 - PUBLIC LAW - University credits: 9
Lessons: 60 hours
Professor: Marchetti Gloria
Professor(s)
Reception:
see website http://www.intgiurpol.unimi.it
see website http://www.intgiurpol.unimi.it