Multi-Level Constitutionalism
A.Y. 2022/2023
Learning objectives
The course pursues the primary objective of offering students the opportunity to study the notion and characteristics of multilevel constitutionalism from two different perspectives: institutional and implementation theory. The theoretical-institutional perspective aims to analyze the concept of the European Union, both from a geographical point of view and from the point of view of the system of sources. The implementation perspective has the objective of applying the prerequisites identified for the study of positive legislation in the field of personal data protection.
Expected learning outcomes
At the end of the course, will gain an advanced knowledge and understanding of Multilevel Constitutionalism, with particular regard to the governance and decision-making processes at the European and national constitutional levels. Students will also gain the ability to read and interpret constitutional rules and their intersection. Therefore, students must have acquired knowledge of the fundamental legal concepts of European constitutional law; ability to understand the impact of technologies on fundamental rights; awareness of the relevance of personal data protection in the digital society.
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
Course syllabus
The course program is divided into two parts.
The first part is devoted to a constitutional theoretical framework of the subject.
In this context, particular attention will be paid to the following topics:
a. The affirmation of the constitutional right to privacy and the right to the protection of personal data.
b. The transformation of this right in the digital society and the emergence of a constitutional interest in the protection of personal and non-personal data;
c. The role of the ECHR, the European Union and the Member States
d. The influence of the jurisprudence of European Courts on the formation of data protection law.
e. The digital strategy of the European Union
f. The data protection framework between regulations already in force and regulations in the process of being approved
The second part is dedicated to the examination of the Regulation 679/2016 on data protection and the Italian Code:
a. The objectives, the territorial and material scope of the GDPR and the spaces for national legislators
b. The "definitions" and the "subjects" of the protection of personal data.
c. The general principles of processing and the conditions of legitimacy.
d. The rights of the interested parties.
e. The obligations of the owner and manager. The role of the DPO.
f. The transfer of personal data abroad;
g. the national and European authorities for the protection of personal data: remedies and sanctions
The first part is devoted to a constitutional theoretical framework of the subject.
In this context, particular attention will be paid to the following topics:
a. The affirmation of the constitutional right to privacy and the right to the protection of personal data.
b. The transformation of this right in the digital society and the emergence of a constitutional interest in the protection of personal and non-personal data;
c. The role of the ECHR, the European Union and the Member States
d. The influence of the jurisprudence of European Courts on the formation of data protection law.
e. The digital strategy of the European Union
f. The data protection framework between regulations already in force and regulations in the process of being approved
The second part is dedicated to the examination of the Regulation 679/2016 on data protection and the Italian Code:
a. The objectives, the territorial and material scope of the GDPR and the spaces for national legislators
b. The "definitions" and the "subjects" of the protection of personal data.
c. The general principles of processing and the conditions of legitimacy.
d. The rights of the interested parties.
e. The obligations of the owner and manager. The role of the DPO.
f. The transfer of personal data abroad;
g. the national and European authorities for the protection of personal data: remedies and sanctions
Prerequisites for admission
No prerequisites are required
Teaching methods
The course is divided into theoretical lectures and lessons based on the examination of case studies
Teaching Resources
F. Pizzetti, Intelligenza artificiale, protezione dei dati personali e regolazione, Giappichelli, Torino, 2018. (pp. 1- 190)
The manual available on the website: https://op.europa.eu/it/publication-detail/-/publication/5b0cfa83-63f3-11e8-ab9c-01aa75ed71a1/language- it
The manual available on the website: https://op.europa.eu/it/publication-detail/-/publication/5b0cfa83-63f3-11e8-ab9c-01aa75ed71a1/language- it
Assessment methods and Criteria
The exam consists of an interview on scheduled topics aimed at assessing the students' preparation and argumentative skills.
Unità didattica 1
IUS/08 - CONSTITUTIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/08 - CONSTITUTIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/08 - CONSTITUTIONAL LAW - University credits: 3
Lessons: 20 hours
Educational website(s)
Professor(s)