LAW OF ELECTED ASSEMBLIES

Nicola Lupo

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.

Prerequisites

Either Public Law or Constitutional Law; EU Law

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 13. Parliaments during the emergency

Reference Books

Core Textbooks L. GIANNITI-N. LUPO, Corso di diritto parlamentare, IV ed., Il mulino, Bologna, 2023. N. LUPO-A. MANZELLA, Il Parlamento Europeo, II ed., LUP, Roma, 2024 Latest version of the Rules of Procedures of the Chamber of Deputies and of the Senate

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 assessment methods of verification, for attending students, are: - Presentations in groups, on a Court judgment (to be chosen among those selected): 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 40% 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 by the 10th week; - Final oral exam: 30% 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 30%, while 70% will be assigned on the basis of two papers: a a casenote on a Court judgement, and a paper 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.

Week 1

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

Week 2

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

Week 3

Sources of parliamentary law

Week 4

The status of MPs and political representation Constitutional Court's case law on parliamentary law: general notations and preparation for presentations

Week 5

Presentations: Constitutional case law on parliamentary rules of procedure and on parliamentary immunities

Week 6

The Speakers Parliamentary Groups and Committees

Week 7

The functions of Parliament Parliamentary procedures: programming parliamentary activity

Week 8

Intermediate written exam Parliamentary procedures: confidence procedures

Week 9

Parliamentary Procedures: Law-making processes Law-making processes with simulation

Week 10

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

Week 11

EU procedures of the Italian Parliament

Week 12

The European Parliament