LAW OF ELECTED ASSEMBLIES

LAW OF ELECTED ASSEMBLIES

Luca Bartolucci, Luigi Gianniti

Instructional goals

The course aims to provide critical knowledge of methods and procedures of the parliamentary work in Italy, also in relationship with other elective assemblies such as the European Parliament.

Intended learning outcomes

1. Knowledge and understanding: knowledge of the main sources, written and unwritten, in which to find the rules in force (including relevant constitutional jurisprudence on the subject); 2. Applying knowledge and understanding: ability to reconstruct the progress of parliamentary activity, on institutional websites: programming procedures, legislative process, oversight procedures, European procedures. 3. Making judgments: evaluate compliance with the rules and, more generally, with the constitutional principles of the individual procedures and the ways in which the rules have been interpreted in individual cases (giving rise to the so-called "precedents") 4. Communication skills: be able to report, summarize and comment (orally and in writing) on the contents of judgments of the Constitutional Court and the main characteristics of each topic of parliamentary law. 5. Learning skills: being able to master and critically analyze the events of parliamentary news, the preparatory activity of a law and the jurisprudence related to it.

Course Contents

1. The Euro-national parliamentary system 2. Politics and its limits 3. Evolution of parliamentary Rules of Procedure 4. Sources of Parliamentary law. 5. The status of MPs and political representation 6. The presiding officer 7. The political groups 8. The parliamentary committees 9. The function of Parliament 10. The parliamentary procedures 11. Italian Parliament in the EU 12. The European Parliament

Reference Books

Core Textbooks L. GIANNITI-N. LUPO, Corso di diritto parlamentare, III ed., Il mulino, Bologna, 2018. N. LUPO-A. MANZELLA, Il Parlamento Europeo. Una introduzione, LUP, Roma, 2019 Latest version of the Rules of Procedures of the Chamber of Deputies and of the Senate Optional texts: A. MANZELLA, Elogio dell’Assemblea, tuttavia, Mucchi, Modena, 2019.

Teaching Methods

Lectures and class discussion; seminars given by parliamentary officials; practice on the websites; class presentations on Constitutional Court's case law; simulation of proceedings; "adoption" of a legislative bill. Constant references to political and institutional current affairs, seen as the application of the norms and procedures studied.

Assessment Method

The assesment methods of verification, for attending students, are: - Presentations in groups, on a Court judgment subject : these presentations will take place in the fifth week of the course. The presentation is worth 20% of the final grade; - Intermediate written exam (compulsory in presence), which will take place during the eighth week of the course. This test is worth 30% of the final grade. The written test will take place on the first six chapters of the book (which should not be taken to the final oral exam); - “Adoption” of a bill: the student must choose a bill under discussion in one of the branches of Parliament and fill in a form made available by the teachers. This paper is worth 10% of the final grade and must be sent the day before the final oral exam; - Final oral exam: 40% of the final grade (on chapters 7 to 10 of the book, as well as on the European Parliament). For non-attending students or those who do not participate in the intermediate assessments: the final oral exam will be worth 70%, while 30% will be a written paper on a casenote on a Court judgement, or on a procedure or a body (to be agreed with the teachers) to be delivered 15 days before the oral.

Thesis assignment criteria

Final mark higher than 27. Vivid interest for the public law courses.

Does the syllabus cover sustainability topics?

In the context of the lesson on Euro-national budgetary procedures, the principle of sustainability of the public debt will be taken into consideration, as well as the parliamentary mechanisms for the implementation of the new art. 9 of the Constitution

Week 1 Contenuto sessioni on line e on campus

On campus: The Euro-national parliamentary system in the European "composite" Constitution On line: Procedures and bodies of the Euro-national parliamentary system

Week 2 Contenuto sessioni on line e on campus

On campus: Politics and its limits. Definition and evolution of parliamentary law On line: The publicity of parliamentary activity in the internet era: websites of the Chamber of Deputies, of the Senate, the European Parliament

Week 3 Contenuto sessioni on line e on campus

On campus: Sources of parliamentary law (1) On line: Sources of parliamentary law (2)

Week 4 Contenuto sessioni on line e on campus

On campus: The status of MP and political representation On line: Constitutional case law on parliamentary law: general notations and preparation for presentations

Week 5 Contenuto sessioni on line e on campus

On campus: Presentations: Constitutional case law on parliamentary rules of procedure and on parliamentary immunities (1) On line: Presentations: Constitutional case law on parliamentary rules of procedure and on parliamentary immunities (2)

Week 6 Contenuto sessioni on line e on campus

On campus: The Speakers On line: Parliamentary Groups and Committees

Week 7 Contenuto sessioni on line e on campus

On campus: The functions of Parliament On line: Parliamentary procedures: programming parliamentary activity

Week 8 Contenuto sessioni on line e on campus

On campus: Intermediate written exam (compulsory in presence) On line: Parliamentary procedures: confidence procedures

Week 9 Contenuto sessioni on line e on campus

On campus: Parliamentary Procedures: Law-making processes On line: Law-making processes with simulation

Week 10 Contenuto sessioni on line e on campus

On campus: The euro-national budgetary procedures On line: Parliamentary procedures: informative and political direction procedures

Week 11 Contenuto sessioni on line e on campus

On campus: EU procedures of the Italian Parliament On line: EU procedures of the Italian Parliament, with simulation

Week 12 Contenuto sessioni on line e on campus

On campus: Parliaments during the emergency On line: The European Parliament