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Single discipline educational activity
Course Sheet Academic Year of enrolment:
Disciplinary Sector:
Institutions of Public Law
Professor and Collaborators:
Hours of classroom activity:
Prerequisites:
A good knowledge of European history is recommended
Objectives
Contents The legal system, public law and the Constitution. Forms of Government and jurisdictions. The Italian Constitution. The European Union within the Italian legal system.
Fundamental Rights. The European Convention on Human Rights. The EMU and its implications on the Italian constitutional system.
Sources of Law.
Democracy and political participation.
Parliament. The President of Italian Republic. Government. The Italian Constitutional Court. Constitutional review on: legislation; conflicts of competence resolution within the constitutional system; Referendum admissibility; criminal prosecution versus the President of Italian Republic. The Judiciary and the Italian CSM.
Regional and local government. Constitutional Rights.
Public administration, administrative proceedings and procedural requirements. Judicial review on administrative decisions.
Extended Syllabus - Legal systems: difference from other normative others; public and private law;
- The state: the origin of the notion e the relationship with law; the rule of law and constitutionalism;
- Government and democracy;
- Supranational institutions as public powers;
- The international order;
- The sources of the law: notion and use; techniques of identification and application of the law; legal interpretation and legal reasoning;
- State and society relationships: public power legitimation and the authority of law;
- Contemporary constitutions: common notions and features;
- The Italian constitution: history and fundamental contents; the fundamental constitutional structure of the European Union;
- Public power organization: public authorities and their organs. Principle and criteria of organization and functioning of public offices;
- Representative bodies and administrative apparatuses: legislature (Italian Parliament, EU Parliament, regional councils); the governmental role; public administration;
- Political parties, social organisations, non-governmental authorities, direct democracy;
- Judicial function: judiciary in Italy and Europe;
- Guarantee constitutional bodies: the President of the Republic; the Constitutional Court;
- Local government;
- The processes to determine Public policies: decision-making procedures; Parliamentary procedures; administrative procedure; judicial proceedings; automated decision-making;
- The protection of rights: fundamental rights, human rights, principles, families of rights, protection techniques;
- Political economy and the market: models of economic policies; fiscal and monetary policy, the entrepreneurial state, public services, market regulation; ecological transition;
- Social rights: the welfare state; social assistance;
- Constitutional guarantee and review: the Italian Constitutional Court and Court of Justice of the EU;
- Administrative justice: administrative and ordinary courts
Recommended Bibliography F. Bilancia, S. Civitarese, Il diritto pubblico nelle società contemporanee, Giappichelli, 2022 (forthcoming)
or
R. Bin, G. Pitruzzella, Diritto pubblico, Giappichelli, 2020
Edizione XVIII
Further readings will be provided during the course using the e-learning and Teams platforms
Methods of Provision
Teaching Methods The aim of this course is to provide students not only an understanding of this area of law, but also to raise their ability to subject it to critical legal analysis. Lectures will be carried out with the active participation of students.
Evaluation methods Verification of learning:
Final exam: attending students, already participating in case presentations during the workshops, will be partly evaluated on these discussions; they shall pass also a final oral examination, managed through about three questions on the fields dealt by the literature they have to study. For the first part of final exam NOT attending students will be tested on the literature indicated above. The final test can be taken in English
Contacts/More Information e-mail: francesco.bilancia@unich.it
Office hours: during term before and after classes. After term, write an email to the Professor.
Office hours can also be in English