PUBLIC LAW

Single discipline educational activity

Course Sheet

Course code:

00029L

Academic Year of enrolment:

2018

Year of supply:

2018/2019

Type of Course:

Related/Supplementary

Degree:

Course of 1st Cycle Degree in BUSINESS ADMINISTRATION

Disciplinary Sector:

Institutions of Public Law

Language:

Italian

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

BELLOMO Gianluca

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

153

Prerequisites:

None

Objectives

The main purpose of the course is to provide students with a basic knowledge of the fundamental institutions of public / constitutional law, and, considering the placement of the discipline in the context of a degree course in Business Economics, a public law toolkit for in-depth study of today's world of business and market. For this pourpose, the study of the principles and tools of public environmental law will be studied in depth to allow students to verify the correspondence between the theoretical models of public law institutes and the distinctive material aspects of a specific sector, such as the environmental one, which is well suited to this end as it is characterized by strong general predictability on the evolutionary dynamics of the instruments of public law.
Finally, for those who will have to take the entire exam for 9 credits, it is expected to deepen the issues related to the rights and in particular the social ones in the legal system of the Republic.

More specifically, with reference to Dublin Descriptors, the course aims to the following objectives.

Knowledge and understanding:
- of the foundations of the general theory of law;
- of the sources of law in a multilevel perspective;
- of the main institutes of public and constitutional law and in particular of the forms of state and government, and in particular of the Italian one;
- of the freedom rights ;
- of the main partitions and principles of public environmental law;
- of social rights also in their historical evolution (for those who carry a 9CFU program)

Ability to apply knowledge and understanding:
- In recognition of the various institutions of public and constitutional law;
- in the solution of possible conflicts between sources of law;
- in the critical reading of the action of the public authorities and of the related deeds;
- in the application of the principles of environmental protection even in protected natural areas
- in the fruition and organization of social rights (for those who carry a 9CFU program)

Autonomy of judgment:
- with regard to the action of the public authorities with respect to the constitutional dictates in a multilevel perspective
- in particular with regard to legislative and regulatory acts issued in the environmental field;
- in particular with regard to legislative and regulatory acts issued in the context of social rights (for those who carry a 9CFU program).

Communication skills:
- Acquisition of an adequate technical-legal language in the field of public law.

Learning ability:
- Ability to find and consult autonomously the legal sources, also in a multilevel perspective, in the sectors of interest;
- Ability to find and consult normative and jurisprudential comments of interest.

Contents

MODULE 1 - Institutional Part (4 credits)
MODULE 2 - Elements of public environmental law (2 credits)
MODULE 3 - The rights of persons (3 credits)

MODULE 3 - The only students who will have to take the 9 CFU full exam will take, in addition to Module 1 and 2, this one. This will be specifically dedicated to the rights of individuals and in particular to social rights.

Extended Syllabus

Course program:
MODULE 1 - Institutional Part (4 credits)
MODULE 2 - Elements of public environmental law (2 credits)
MODULE 3 - The rights of persons (3 credits)

MODULE 1 - The course aims to provide basic knowledge on the legal configuration of the state, the system of regulatory sources, the constitutional and administrative organization of the state and public bodies and the regulatory function of the state. The fundamental objective is to acquire the skills necessary to operate in an increasingly dynamic institutional context characterized by market liberalization, globalization of law and the modernization of public administrations.
More specifically, the main topics covered in the module will be the following:
The concept of Constitution
Forms of state and forms of government: historical evolution of the models and current reality of the main contemporary constitutional arrangements.
The Constitution of the Italian Republic: history, structure, contents.
Italy and the European Union: the repercussions on the Italian constitutional order of European and Community integration.
The sources of Italian law.
Constitutional bodies: Parliament (structure and functions); the president of the Republic; the Government, the Constitutional Court.
The role of constitutional justice in the Italian legal system: the attributions of the Constitutional Court.
The judicial system in the Constitution: nature, structure and functions of the Superior Council of Magistracy.
Regions and local authorities.
Constitutional rights.
Public administration.
Elements of Italian administrative law.

MODULE 2 - A second part of the course will be specifically dedicated to the knowledge of the principles of public environmental law, as an application laboratory to allow students to better understand the material mechanisms of the institutions and the concepts learned in the first module with the application to the issues of the juridically assisted environment protection.
More specifically, the main topics discussed will be the following:
The partitions of public environmental law.
The principles of environmental protection.
Structures and tools for environmental protection.
The role of jurisprudence in environmental protection.
Environmental protection and nature protection.
The organizational structure of protected natural areas.
Legal instruments for protection and enhancement in protected areas.

MODULE 3 - The only students who will have to take the 9 credits full exam will take, in addition to Molules 1 and 2, this one. This will be specifically dedicated to the rights of individuals and in particular to social rights. The following topics will be discussed in more detail:
Social rights and their historical affirmation in the constitutionalism of the Second World War.
The theoretical matrices of social rights.
The construction of the social state in Italy: the advent of the republican constitution.
The genesis of social duties in the republican constitutional experience.
Education, health and social services: the regulatory guarantee of social rights between State and Regions.
Italian welfare between needs of substantial equality and pushed towards differentiation: to recover "social" citizenship.

Recommended Bibliography

For the Module 1 a manual chosen from among:
- R. BIN, G. PITRUZZELLA, Diritto pubblico, Giappichelli, Torino, ult. ed.
- L. PALADIN, L.A. MAZZAROLLI, D. GIROTTO, Diritto Costituzionale, Giappichelli, Torino, 2018.
For the MODULE 2:
- G. DI PLINIO, P. FIMIANI (cur.), Principi di diritto ambientale, Giuffrè, Milano, 2008.
- G. DI PLINIO, P. FIMIANI (cur.), Aree naturali protette, Giuffrè, Milano, 2008.
For the MODULE 3:
- A.M. POGGI, I Diritti delle persone. Lo Stato sociale come Repubblica dei diritti e dei doveri, MONDADORI, 2014.
It's mandatory the knowledge of the Italian Constitution and the main laws of Italian public law, available on any code of public law.

Methods of Provision

Conventional

Teaching Methods

The course consists of a 48-hour module (divided into two modules), for those with a 6-cfu program; and an additional 24-hour module for those who have to take the entire 9-cfu exam.
During the course, in addition to the lectures, case law analysis will be carried out.
Attendance is optional but strongly recommended. Any tests in progress and partial tests will be reserved for attending students.
Throughout the entire course, the University's e-learnig platform will be used as much as possible.

Evaluation methods

Verification of learning:

The final test will be carried out through an oral interview with a score of thirty points during which the level achieved in pursuing the objectives set for the course will be ascertained.
During the course it will also be possible and for attending students to administer both multiple choice tests for self-assessment purposes for students, as well as open-ended questionnaires with a mid-term evaluation of the training path and with evaluation of the vote in bands.

Contacts/More Information

E-mail: gianluca.bellomo@unich.it
Telephone: 085-453.7842
Student reception opening time: Wednesday from 3.30 to 5.30 pm

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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