42972 - Social Services Law

Course Unit Page

Academic Year 2017/2018

Learning outcomes

Basic elements of public law, paying particular attention to legislation about social rights an social services. .

Course contents

The constitutive elements of legal systems. Public Law and Private Law.

Constitutive elements of the State (community, territory, sovereignty).

Form of State. Feudal System. Absolute State. Liberal State. Democratic or Pluralistic State. Totalitarian and Authoritarian States. Socialist State.

Form of Government. Parliamentary Republic. Presidential Executive. Directorial Executive. Semi-presidential Executive.

Type of State. Unitary, Federal and Regional State.

National and supra-national legal systems. The State into the international framework. International law and EU law.

Sources of law

Definitions.Source of production.

Sorting the sources of law: chronological principle; hierarchical principle; competence and specialization principles.

Constitution and constitutional sources. Laws amending the Constitution; other constitutional acts. Constitutional conventions and customaries.

International sources of law. Treaties, Conventions and international customaries.

International bodies and justice.

The European Convention of Human Rights (Rome, 1950).

EU sources of law. The Treaty on European Union. The Treaty on the Functioning of the European Union (TEU-TFEU). The Charter of fundamental rights of the European Union (2009).

Derived EU sources: Regulations; Directives; Decisions. Other (formally not binding) acts: opinions and advisories; recommendations; guide-lines.

Domestic law. Law of the Parliament. Statute Law. Statutory limits.

Acts having force of law (Legislative Decrees. Law Decrees).

Abrogative referendum.

Regional Laws.

Secondary sources.

Fact sources. Customaries.

Organization of constitutional powers

The Parliament. Representative principle and legislative power.

The Government. Mandate and executive power.

Auxiliary bodies (CNEL, Council of State and Court of Auditors).

Executive power and the Administrative State.

The constitutional principles of the Administrative State. Separation between political power and public service. The (ongoing) reform of the contemporary Administrative State.

The President of the Republic.

The Constitutional Court.

The Italian Constitutional Court. Functions and jurisdiction.

Jurisdictional power.

Fundamental Rights- Social Rights -

Public services. Social Services.

Administrative power in public and social  services. 

Public\ private Partnership in Social Services.

Allocation according to the principle of subsiadiarity. In particular: basic functions. The financing of the functions of regional and local authorities.

Readings/Bibliography

I.For basic notions: 

CARULLO CASTORINA, Istituzioni di diritto pubblico, CEDAM 2016.

II. For public services: :

NICODEMO, Appunti su finanza pubblica e costituzione, CACUCCI, 2015 (capitolo I e capitolo V

Teaching methods

Frontal lesson. If the number of students let me done, in addition to basic notion, we're going to study matters interested by recent reforms. We use text of laws, decisions.

Assessment methods

Students attended lessons: the assesment methods consist in 2 written test, with open answers. Verification try to ensure the successful acquisition of the principles and tools of public law. Students may choose an oral exam to improve the text result.

Students non-attended lessons: the final exams will be oral.

To attend the exam, each student must sign up via AlmaEsami within the deadline. Those who cannot sign up must immediately (before the official closing of the subscription lists) communicate the problem to the teaching secretariat. Deciding whether to allow not enrolled students to attend the exam or not is up to the teacher.

The teacher will minute the final mark on the date set and indicated in Almaesami.

Office hours

See the website of Silvia Nicodemo