Scientific Disciplinary Sector (SSD)
IUS/09 - PUBLIC LAW
secondo semestre (lauree) dal Feb 21, 2022 al Jun 1, 2022.
The course refers to Italian public law in general, paying particular attention to economic rights and to the economic profiles of the topic, also in light of the influence of the so-called "Economic Constitution" in the face of the phenomenon of globalization, the impact coming from European law and the International economic crisis. Its educational objectives are aimed at providing knowledge of the principles, rules, institutions and basic concepts of this legal discipline. At the end of the classes, the student must demonstrate knowledge of the main legal categories of public law and, in particular, those relating to economic freedoms, to understand and evaluate the normative texts and the judgments relating to the topics analyzed, to be able to apply the knowledge acquired in concrete cases (with particular reference also to events of political and institutional relevance) and to sustain their presentations with an adequate language and proper arguments.
The program is divided into two parts: the first part focuses on the institutions of public law to provide students with the essential notions of the subject; the second part - also through seminars - will go to deepen the profiles relating to the economic Constitution and economic freedoms.
1. Introduction: the Law and the State; Forms of State and Government; the EU integration.
2. The sources of law.
3. The forms of direct democracy.
4. The Italian Parliament.
5. The Italian Government.
6. The Italian President of the Republic.
7. The Judicial Power.
8. The Italian Constitutional Court.
9. The Regions and the local Authorities.
10. The fundamental rights and the mandatory duties.
11. The Public Administration.
12. The economic Constitution (the right to work and social rights; freedom of economic initiative; private property)
13. The Economic Constitution in the light of the European process and the health emergency;
14. Public finance and fiscal federalism.
The teaching methods consist of frontal lectures. In addition, various institutions of public law will be stressed from the theoretical point of view, and a special attention will be paid to the current events and political and institutional reality in which the principles of public law find concrete application.
About the part relating to the Economic Constitution, a cycle of five / six seminars will be held with the participation of external experts (presumably in May, according to the calendar that will be provided in advance).
The contents of the textbooks as well as the classroom lessons adhere to the program. Any teaching materials used during the lectures will be available in the e-learning platform of the course before of the lesson.
Attending students can prepare the exam on the notes taken and the materials provided on the University e-learning platform, also choosing one of the following options:
- drafting of a short report (5-10 pages) based on the cycle of seminars (to be delivered within seven days before the exam date)
- study of two articles chosen from the list that will be prepared and made available on the e-learning platform
Not-attending students shall prepare the exam on the following textbooks:
- T. Groppi, A. Simoncini, Introduzione allo studio del diritto pubblico e delle sue fonti, Giappichelli, 2021
- F. Clementi, L. Cuocolo, F. Rosa, G.E. Vigevani, La Costituzione italiana Vol. 1, il Mulino, 2021, only Titolo III, “Rapporti economici” (pp. 247-315).
- prepare on four articles chosen from the list that will be prepared and made available on the e-learning platform
In any case, constant direct consultation of the reference regulatory texts and, in particular, of the Constitution, is recommended for all students.
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
The final exam will be oral which aims to verify in-depth all knowledge acquired, the ability to join the various topics, the capacity to present with appropriate legal language, the aptitude to argue and support their thesis.
The report prepared by the attending students will contribute by assigning a score of up to 3 point.
No intermediate tests are provided.