REGIONAL AND LOCAL GOVERNMENT LAW

REGIONAL AND LOCAL GOVERNMENT LAW

Marco Di Folco, Vincenzo Antonelli

Instructional goals

The course aims to deepen the study of territorial autonomies as planned by the Italian Constitution and regulated by the law in recent decades in order to allow a complete vision of the autonomistic system as a whole, even in the evaluation of the differential elements that distinguish municipalities, provinces, metropolitan cities and regions. The course intends to foster the development of the ability to understand the relationships between the different levels of government and administration also in relations with the European Union, as well as the changes that concern them and to analyze the most relevant jurisprudential decisions.

Intended learning outcomes

Knowledge and understanding: the student will acquire basic knowledge concerning the fundamental characteristics of the system of territorial autonomies, the constitutional and ordinary discipline and the main reforms that have affected the territorial autonomies Ability to apply knowledge and understanding: the student will be able to understand the fundamental logic of the system of territorial autonomy which allows to work concretely within and with regional and local administrations Making judgements: the student will develop the ability to autonomously integrate legal knowledge with that of other disciplinary sectors and to analyze the complexity of the phenomena concerning territorial autonomy, developing critical thinking, problem solving, self-management, teamwork skills , initiative, relationship and communication, and will have the critical tools to understand the dynamics of social and political changes, and to develop policy responses or strategies capable of best representing them within the political system. Communication skills: the student will be able to communicate the results of legal analyzes and the consequent implications in a clear and persuasive way, motivating them in an open way for their better development also in the operational phase and also towards non-specialist interlocutors. Learning skills: the student will be able to autonomously identify paths for deepening their knowledge, in particular to develop insights also in the form of a debate on opposing theses, to write effective reports and articles, to conduct research by consulting texts, journals specialist and databases, to organize and manage work, even in aggregate form.

Course Contents

Federalism and regionalism History of Italian regionalism Ordinary statutes and form of government of the Regions Special autonomies and forms of differentiated regionalism The financial autonomy of the regions Functions and organization of the Regions Regulatory autonomy of local authorities The administrative autonomy of local authorities The governing organization of local authorities Associative forms and mergers between municipalities The financial autonomy of local authorities Powers of interference and cooperative links The jurisdictional guarantees of autonomy Relations between territorial autonomies and the EU

Reference Books

In addition to the supplementary readings on specific topics indicated during the course, reference can be made to the latest edition of the following manual: E.Carloni, F. Cortese, Diritto delle autonomie territoriali, Cedam, Padova, latest edition. At the beginning of the course, the teachers will indicate the parts of the manual that will be examined.

Teaching Methods

Lectures, seminars, and testimonials. Interventions by experts in the disciplines. Examination of relevant materials and discussion. Periodic simulations of the exams will be organized during the course.

Assessment Method

The verification of the student's learning takes place, in progress, by carrying out an intermediate written test and, at the end of the course, with an oral interview. The intermediate written test has a weight of 50% of the final mark and concerns the first part of the course programme, the contents of which are specified in the dedicated section of the syllabus. The test consists of 3 open-ended questions: each answer will be assigned a score from 0 to 10. The mark is out of thirty. The oral exam has a weight of 50% on the final assessment and concerns the second part of the course programme. The exam consists of an oral interview in which the student will have to demonstrate knowledge and understanding of the institutes and principles of the territorial autonomy system. The student will have to be able to autonomously analyze the relevant legal sources and guidelines and correctly use the technical-legal vocabulary of the subject, thus demonstrating that he has achieved the study method and learning ability necessary to continue the in-depth study of the subject independently . For the purpose of attributing the mark out of thirty, the following evaluation criteria will be taken into account: knowledge and understanding of the institutes of regional law and local authorities (70%); ability to apply them to concrete cases (30 %). The final mark is given by the average between the mark of the intermediate test and the oral interview. The student who does not pass or refuses the mark of the intermediate test, will take the oral exam on the whole course (100%).

Thesis assignment criteria

Subject to motivational interview and consideration of participation in the course activities

Week 1 Contenuto sessioni on line e on campus

Federalism and regionalism History of Italian regionalism

Week 2 Contenuto sessioni on line e on campus

Statutes and form of government of the regions

Week 3 Contenuto sessioni on line e on campus

Legislative and regulatory autonomy

Week 4 Contenuto sessioni on line e on campus

Functions and administrative organization of the regions

Week 5 Contenuto sessioni on line e on campus

Regional financial autonomy

Week 6 Contenuto sessioni on line e on campus

Special autonomy Different forms of autonomy

Week 7 Contenuto sessioni on line e on campus

The constitutional system of local autonomies before and after the reform of Title V Regulatory autonomy of local authorities

Week 8 Contenuto sessioni on line e on campus

The governing organization of municipalities and large area entities

Week 9 Contenuto sessioni on line e on campus

The administrative autonomy of local authorities Associative forms and mergers between municipalities

Week 10 Contenuto sessioni on line e on campus

L’autonomia finanziaria degli enti locali

Week 11 Contenuto sessioni on line e on campus

The guarantees of autonomy: the principle of loyal collaboration The jurisdictional guarantees of autonomy

Week 12 Contenuto sessioni on line e on campus

Relations between territorial autonomies and the EU