Safeguarding Human Rights
A.Y. 2023/2024
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
- 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
At the end of the course the student who has successfully learned the subject will have a thorough knowledge of the course topics, with the acquisition of a reasoning method suitable for dealing with more specific and complex legal issues with respect to the institutional notions of constitutional law.
Lesson period: year
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
year
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 professor - 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.
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 professor - 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
- 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
Attending and not attending students:
- M. D'Amico - G. Arconzo - S. Leone, Lezioni di diritto costituzionale, FrancoAngeli, Milano, 2018, chapters VII and IX.
- M. D'Amico, I diritti contesi. Problematiche attuali del costituzionalismo, FrancoAngeli, Milano, 2016.
- P. Caretti - G. T. Barbieri, I Diritti fondamentali, Giappichelli, 2022.
The Court's decisions are available on www.cortecostituzionale.it or www.giurcost.org.
On the Ariel website platform are available all additional information and additional teaching materials.
- M. D'Amico - G. Arconzo - S. Leone, Lezioni di diritto costituzionale, FrancoAngeli, Milano, 2018, chapters VII and IX.
- M. D'Amico, I diritti contesi. Problematiche attuali del costituzionalismo, FrancoAngeli, Milano, 2016.
- P. Caretti - G. T. Barbieri, I Diritti fondamentali, Giappichelli, 2022.
The Court's decisions are available on www.cortecostituzionale.it or www.giurcost.org.
On the Ariel website platform are available all additional information and 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 professor, on one or more case law cases, focused on the analysis of procedural and merit profiles. The professor will provide the relevant materials.
It 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 teacher on the course program. The final grade will be out of 30).
It 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 teacher on the course program. The final grade will be out of 30).
IUS/08 - CONSTITUTIONAL LAW - University credits: 12
Lessons: 84 hours
Professor:
Liberali Benedetta Maria Cosetta
Educational website(s)
Professor(s)