ITALIAN PUBLIC LAW

The course aims to provide for findamental elements of knowlegde about Public Law, inteded as the basic discipline of State and other institutions’ powers, as well as framework course for further development of the study of legal subject in the Department of Political Science. Together with the general introduction to Public law, the course aims to provide the students with essential elements of legal language and practical tools for the access to sources of law, jurisprudence and legal literature. Also written exercitations, seminars and class discussions will help to reach these objectives.

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Knowledge and understanding of the Italian constitutional order, located within the framework of the institutional arrangements of the European Union, and of the fundamental mechanisms of the administrative apparatus of the State and local authorities. Ability to apply knowledge and understanding. The student, acquiring knowledge and understanding the functioning dynamics of the main Italian public law institutions (the state, relations with the European Union, forms of state and government, sources of law, constitutional guarantees, justice constitutional, constitutional organization, judicial power, constitutional principles on administration, territorial autonomies, freedoms and rights, the fundamental elements of administrative law) 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 led to develop and use with mastery the legal lexicon of the publicity 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

The first part of the course Is devoted to illustrate the basic and fundative elements of Law in general, as well as to the essential elements of the general theory of law (notions of legal subjects, legal orders and legal norms, sources of law and collision rules, interpretation of law). This part is followed by the introduction to the theory of the State, paying specific attention to the evolution of the contemporary form of State between substatal entities and sovranational interdependence (starting with the European integration). The central part of the course focuses on the Italian constitutional order, the Italian constitution and its most relevant principles, the organization of public powers and institution. Particular attention is paid to dynamics linked to the separation of powers and the existence of checks and balances among public powers. The final part of the course is devoted to the constitutional principle on public administration and to the system of administrative justice.

It is possible to adopt as reference textbook one of the following: - A. Barbera-C. Fusaro, Corso di diritto pubblico, il Mulino, Bologna. - R. Bin-G. Pitruzzella, Diritto pubblico, Giappichelli, Torino. - P. Caretti-U. De Siervo, Istituzioni di diritto pubblico, Giappichelli, Torino. - F. Modugno (ed.), Lineamenti di diritto pubblico, Giappichelli, Torino. - S. Cassese, Manuale di diritto pubblico, Giuffrè, Milano. - C. Rossano, Manuale di diritto pubblico, Jovene, Napoli. It is mandatory to stody the textbook together with the text of the constitution It is suggested to consult also a code of the main text of Public law.

Classes, legal case studies and focuses on selected legal texts

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 public 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 public 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.

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yes, to the extent that it addresses the issue of the sustainability of the public budget and the rights of future generations