CONSTITUTIONAL LAW

Giovanni Piccirilli

Instructional goals

The Course aims to provide to students a systematic knowledge of the Italian Constitutional Law and a general introduction to the institutions of public law, to be applied also in further courses of their career.

Prerequisites

none

Intended learning outcomes

Knowledge and understanding of the Italian constitutional order, placed within the framework of the institutional arrangements of the European Union. Ability to apply knowledge and understanding. The student, acquiring knowledge and understanding the operating dynamics of the main institutions of constitutional law (the State, the State and the international community, the Italian Republic and the European Union, forms of state and forms of government, sources of law , constitutional guarantees, constitutional justice, constitutional organization, judicial power, constitutional principles on administration, territorial autonomies, freedoms and rights) will be able to build more complex concepts in order to achieve a vision of ensemble of the constitutional order in the EU and international context. Autonomy of judgment: the student will be stimulated to achieve his own autonomy of evaluation and judgment on legal problems and the methodological tools useful for the collection, interpretation and application of regulatory sources, in order to apply them independently and original to the analysis of the problems that will be faced in the workplace. Communication skills. The student will be brought to develop and use with mastery the legal lexicon of constitutional area, with terminological precision and an appropriate rhetorical and argumentative ability. Learning ability. The student will develop the ability to identify and interpret regulatory changes and new doctrinal and jurisprudential orientations, also updating independently.

Course Contents

The course consists in the presentation of the main Institutes of Constitutional Law. In brief the themes are the following: Organization of Powers – State – Forms of State – Forms of Government – Italian Constitutional Organization – Regions and Local Government – Public Administration – Public Acts and Rights’ defense - Sources of law – Constitution – The sources of Italian Law – European Sources of Law – Local Sources of Law – Administrative Acts – Rights and Liberties – Judicial Administration – Constitutional Justice - State and the markets Each week, part of the teaching in presence will be dedicated to the deepening of normative or jurisprudential case studies, in order to provide applied and knowledge to the students.

Reference Books

One of the following handbooks, in its last edition: • R. Bifulco, Lezioni di diritto cosituzionale, Torino, Giappichelli • R.Bin, G.Pitruzzella, Diritto costituzionale, Torino, Giappichelli Further materials will be distributed in class Mandatory is the costant reference to the text of the constitution. It is also recommended the use of a code of the main laws of constitutional and public law. As a further suggestion, students are invited to consult the relevant parts of La Costituzione italiana. Commento articolo per articolo, vol. II., edited by F. Clementi et aal. (il mulino, 2018)

Teaching Methods

Traditional teaching will be integrated, in part of face-to-face teaching hours, by the development of case studies, through the direct involvement of students on cases and regulatory and jurisprudential materials.

Assessment Method

Written exercitations will be organised during the course without value for the final exam. Final exam will be oral and will count 100% of the evaluation. During the oral exam the student will be required to show that he/she knows and understands notions and principles of constitutional law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of constitutional law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (65%); - appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%). Learning gaps concerning one or more notions or principles - as well as a seriously inadequate use of the terminology - will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter. A voluntary written self-evaluation test will be held halfway through the course, without impact on the final evaluation, but with the aim of encouraging students to actively participate in the lessons, as well as study in parallel. Furthermore, this test will allow individual students to have greater awareness of their level of preparation in view of the actual assessment.

Thesis assignment criteria

interview

Week 1

Introduction to the course General notion of the legal order online legal actors and basic legal situations

Week 2

The State and its constitutive elements. Forms of State federalism; States and the EU Case study: law no. 91/1992

Week 3

The constitution (notion). Constitutional amendments limits to const amendments case study: ICC, judgment no. 1146/1988

Week 4

Italian constitutional organisation. The government. Ministers and State secretaries case study: ICC, judgment no. 7/1996

Week 5

Leglislative procedure budget session case study: ICC, judgment no. 379/1996

Week 6

The President of the Republic The relationship with the Government case study: ICC, judgment no. 200/2006

Week 7

Regions and local government. The judiciary case study: ICC, judgment no. 303/2003

Week 8

Sources of Law I conflicts among norms and their solution Case study: Law no. 400/1988

Week 9

Sources of Law in the Italian legal order decree-laws case study: ICC judgment no. 32/2014

Week 10

Constitutional adjudication in Italy The US model case study: ICC, judgment no. 1/1956

Week 11

Accessing the constitutional court The re-centralisation of the constitutional adjudication case study: ICC judgment no. 13/2019

Week 12

Fundamental rights - an introduction internet and fundamental rights. Case study: The Charter of fundamental rights in the internet