C9659 - DIRITTO REGIONALE E ISTITUZIONI DEL FEDERALISMO

Learning outcomes

Understanding of the constitutional framework of Italy's regional system of government, within the theroies and experiences of federalism. Particular emphasis will be given to the distribution of regional governmental powers, legislative and administrative functions, and the financial resources of territorial authorities, as well as the institutional framework governing municipalities, provinces, and metropolitan cities, in light of the current legal framework and ongoing reform trends.

Course contents

The Regional Law course pursues three main objectives:

1) To examine the processes of federalization, also from a comparative perspective, including both centripetal and centrifugal dynamics, up to the most extreme scenarios of secession.

2) To provide an in-depth understanding of the Italian regional legal system through the study of the structure and functions of the territorial entities that constitute the Republic, in light of the constitutional framework established by the Constituent Assembly and the reforms introduced by Constitutional Amendment Acts Nos. 1/1999, 2/2001, and 3/2001.

3) To develop students' ability to analyse and resolve constitutional issues through the study of cases decided by the Italian Constitutional Court, fostering familiarity with the relevant legislation and case law, including the effective use of the legal databases.

The course syllabus covers the following topics:

1. General concepts: centralized state, federal state, regional state, and confederation of states; comparative perspectives.
2. The evolution of Italian regionalism: from the constitutional model established by the Constituent Assembly to the reform of Title V of Part II of the Italian Constitution.
3. The unity of the Republic and territorial pluralism: the constitutional autonomy of regions, provinces, and municipalities.
4. Sources of law: regional statutes; the legislative powers of the State and the Regions; regulatory powers; the normative sources of local authorities, including local statutes and regulations.
5. Regional government: the constitutional model and its regional variations.
6. The principal regional institutions: the President of the Region, the Regional Council, the Regional Executive (Giunta regionale), and the Council of Local Authorities.
7. Allocation and organization of administrative functions.
8. Special-statute Regions and differentiated regionalism.
9. Institutional relations: the State, the Regions, and the European Union; the State, the Regions, and local authorities.
10. Financial autonomy.
11. Constitutional guarantees and mechanisms for the protection of regional autonomy.

Readings/Bibliography

Required Reading

Students attending classes are expected to prepare for the examination using the following textbook:

R. Bin and G. Falcon (eds.), Diritto regionale, Bologna: il Mulino, 2024, 420 pp., limited to the sections indicated during the lectures.

Non-attending students are required to study the followig book: 

R. Bin and G. Falcon (eds.), Diritto regionale, Bologna: il Mulino, 2024, 420 pp

Teaching methods

Classes will be held during the first semester, according to the timetable to be published at a later date.

The lectures will place particular emphasis on both the general principles of regional law and the analysis of leading case law.

As part of the course, students will also visit the Legislative Assembly of the Emilia-Romagna Region in order to gain first-hand insight into the functioning of the regional legislature.

The course is designed to encourage the active participation of students, who will be invited to engage with theoretical issues, practical case studies, and the historical development of the Italian constitutional system.

Assessment methods

Achievement of the learning outcomes will be assessed through the final examination. The examination consists of an oral interview, conducted in person by the professor and members of his teaching staff.

As a general guideline, the final grade will be awarded according to the following criteria:


18–21 (Pass): Satisfactory or barely satisfactory knowledge of the course topics, limited critical thinking skills, and difficulty in using appropriate legal terminology.
22–25: Fair to good knowledge of the course topics, adequate critical thinking skills, and good command of legal terminology.
26–29: Good to very good knowledge of the course topics, well-developed critical thinking skills, and confident use of legal terminology.
30–30 with honours (30 cum laude): Comprehensive and thorough knowledge of the course topics, excellent critical thinking skills, and complete mastery of legal terminology.

 

Final Dissertation (Bachelor's/Master's Thesis)

Students wishing to undertake a dissertation in Regional Law must first attend an individual meeting with the professor. Following this meeting, they will be placed on a dedicated supervision list. Thesis topics will be assigned by the professor, on the basis of a proposal agreed upon with the student.

The requirements and procedures for preparing the dissertation will be agreed upon directly with the instructor. In any event, the final version of the dissertation must be submitted to the supervisor at least one month before the deadline for depositing the thesis with the Student Administration Office for graduation.

Teaching tools

Learning Resources

Regional legislation may be consulted through the freely accessible online legal databases provided by the individual Regions.

For example, for the Emilia-Romagna Region:

https://demetra.regione.emilia-romagna.it

National legislation is available through:

https://www.normattiva.it/

Students are also expected to base their study on the judgments of the Italian Constitutional Court that will be discussed and assigned during the course. These decisions may be accessed through the following websites:

1. https://www.cortecostituzionale.it
2. https://www.giurcost.it

Office hours

See the website of Corrado Caruso