00534 - Principles of Public Law

Learning outcomes

At the end of course, the student:

- knows the fundamental principles and features of the in force costitutional system;

- has knowledge about the organisation of the State, of the constitutional bodies and of the bodies that have constitutional significance;

-knows how to analyse the most important studied aspects in order to understand the recent constitutional reforms;

- knows the legal framework about the reference categories for the social intervention;

- is able to understand the vocabulary and the specific terminology.

Course contents

Contents

The course's goal is to provide students with a basic overview of the italian constitutional judicial system: from the foundation of the State to the analysis of competences and functions of each constitutional body. The in-depth analysis of the European union institutional framework will be essential (first module): from the founding principles of the aggregations of states to the examination of the sources of European union law and the role played by European union Justice Court.

The course, designed for students of social services, will have a specific focus on the protection of constitutional rights with particular reference to the right to health and, then, to the national health system, as well as to social rights and care system, which the constitutional principle of horizontal subsidiarity plays a fundamental role about.

Program:

First module (Marchianò):

1-. The fundamental characteristics of the legal phenomenon. The concept of legal order and the plurality of legal orders. Legal systems of common law and civil law. Forms of state and forms of government: a distinction that has now been partially overcome. Form of government: parliamentary government, presidential government, semi-presidential government. Constitution: constitutional principles and fundamental freedoms.

2-. Art. 11 of Italian Constitution and the creation of the European Union: brief notes on the historical path of the European Union

3-. The supremacy of the Community norms over the national norms and the role of the jurisprudence of the Court of Justice. The reflections on the hierarchy of sources with respect to European regulations and constitutional changes being adopted

4-. Content of the status of EU citizen and principle of non-discrimination (Art. 20 TFEU). The Charter of Fundamental Rights

5-. The problem of European citizenship: from national to global citizens

6-. The protection of fundamental rights in the European legal system. Coordination in the application of fundamental principles and the accession of the Union to the European Convention on Human Rights

7-. The right to free movement and residence on the territory of the Member States. The Schengen Treaty

8-. Immigration policy and protection of migrants: first reflections in the community context

9-. The free movement of workers and the so-called public service exeption

10-. Judgment Court of Justice (Major sections) July 18, 2013, so-called «Kadi II»

Second module (Scavone):

The italian law sources: sources on creation of law, sources of law creation and sources of awareness. The criterions of antinomys' resolution.

The organisation of the Constitution in Italy: constitutional bodies.

The Parliament.

The Government.

The President of the Republic.

The magistratures.

The Constitutional Court.

The regional and local system.

Constitutional rights: possibilities to seek legal protection.

Constitution and Welfare State: birth and evolution of Welfare State in Italy.

Right to health and healthcare service: definition and possible conjugations, content of the right and ways of protection, evolution of the italian healthcare national service, organisation of healthcare in Italy.

Social rights and helpful system: constitutional principles, types and conjugations of the right to social helpful services, application of horizontal subsidiarity principle.

Readings/Bibliography

Attending students who have passed the test of the first module (prof.ssa Marchianò)

1. A. Barbera - C. Fusaro, corso di Diritto Pubblico, Bologna, Il Mulino, Ult. Ed., except for the following chapters: III, IV, IX, X, XI.

Non-attending students

1. A. Barbera - C. Fusaro, corso di Diritto Pubblico, Bologna, Il Mulino, Ult. Ed.

Teaching methods

About the module of prof. Marchianò:

The teaching methods will take place at a distance. The teacher will present slides for the students. Students will send the teacher papers on specific topics agreed from time to time

Assessment methods

The final exam of the Prof. Marchianò module will take place orally and will consider both the papers and the oral presentation

The exam on the second module will be oral and it will be held during the ordinary examination dates at the end of prof. Scavone's module.

The non-attending students must take oral exam on the whole program at the end of prof. Scavone's module.

As a precaution, students are advised that the verification methods indicated above may be subject to changes based on the evolution of the health situation.

 

Office hours

See the website of Angelo Scavone

See the website of Giovanna Marchianò