93447 - Fundamental Rights

Learning outcomes

The course aims to provide students with in-depth knowledge of new technological applications and their implications for fundamental rights. The internet and technological innovations, including—above all—artificial intelligence, have already been driving a momentous transformation of society for years. The course will highlight the opportunities for development and expansion of constitutional rights, as well as the new demands for individual protection arising from practice.

Course contents

The course of Fundamental Rights aims at reconstructing theories and models of fundamental rights’ protection.After a framework of the constitutional, supranational and international system of protection of fundamental rights, the following topics will be addressed:

- biolaw; the right to the protection of personal data; artificial intelligence and technoethics; algorithm responsibility; responsibility for the production, ownership and operation of autonomous vehicles; predictive justice and robotic decision; artificial intelligence and criminal justice; artificial intelligence and enterprise; artificial intelligence and competition.

Readings/Bibliography

For non attending students:

L. Mezzetti - C. Drigo (a cura di), Diritti umani. Protezione internazionale e ordinamenti nazionali, Pacini Giuridica, 2021, pagg. 31-58, 133-162

and

U. Ruffolo (a cura di), XXVI lezioni di Diritto dell'Intelligenza Artificiale. Saggi a margine del ciclo seminariale “Intelligenza Artificiale e diritto” (2020), Giappichelli, 2021, just four chapters chosen by the student.

ATTENDING STUDENTS will be able to agree on a special program with the Dr. Francesca Polacchini.

Teaching methods

Lessons will be given by Professor Francesca Polacchini in the first semester.

The teaching participates in the University's teaching experimentation project, blended mode.

The course will take place partly according to the model of the lesson and partly in seminar form, with the active participation of the students.
During the course, in fact, the oral lesson will be integrated with the constant use of schemes and projection of slides to help understanding and will also provide some lessons in which students will be involved in the analysis of some leading cases of the Constitutional Court and in the analysis of relevant issues still pending.

In parallel to the lessons, one or more practices will take place face to face or online, lasting about 2 hours, consisting in the concise illustration of a topic by the teacher and in the delivering to the students of an open-ended question, in the drafting by students of a written text following the instructions set out above (within the time limits and according to the extension indicated by the teacher), finally in the self-correction by the students following a description by the teacher of the optimal methods and contents of the written answer, leaving the students time for questions and request for verification of any errors.

Assessment methods

The exam will take place in oral form.
The exam will focus on the topics indicated in the "Program and contents" section.
The evaluation of the test will be carried out taking into consideration, for example, knowledge of institutional profiles;
the ability to analyze the jurisprudential guidelines; the ability to make connections between the different parts of the program;
the ability to develop critical arguments;the exposure articulation.

By way of example, the following criteria will be used to assess the final grade (that will be out of 30/30):
- sufficient or barely sufficient knowledge of the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30; - fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30; - comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30; - extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

THESIS
The degree theses are assigned after an interview.

Teaching tools

During the lessons some slides will be provided to the students, such as the case law that will be analyzed.

Supplementary material will be constantly made available to students through the web-page of the course.

Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the teacher their needs so as to be directed to the contacts and agree on the adoption of the most appropriate measures.

Office hours

See the website of Francesca Polacchini