86430 - Fundamental Rights (Italian - Spanish Law Individual Study Plan)

Learning outcomes

To offer students the in-depth knowledge of the instruments of recognition and protection of fundamental and social rights according to a multilevel approach that takes into consideration the regulation and the case-law in national, EU and international level.

Course contents

The course of Fundamental Rights is aimed at reconstructing, in the first place, in a historical perspective, the theories and models of recognition and protection of fundamental and social rights. Ample space is then dedicated to the analysis of instruments for the protection of human rights in international law and the European Union. The course then addresses the evolution of the protection of fundamental rights in the Italian constitutional experience, with specific reference to the individual subjective legal situations and to the collective liberties recognized and guaranteed in the constitutional text and in the jurisprudence of the Constitutional Court and the Court of Cassation. Finally, the course focuses on the analysis of social rights and constitutional duties. The analysis is carried out through constant reference to the most significant constitutional jurisprudence, to the case-law of the European Union and to international jurisprudence.

Readings/Bibliography

The text to be prepared is:

for NON ATTENDING STUDENTS

L. Mezzetti - C. Drigo (a cura di), Diritti umani. Protezione internazionale e ordinamenti nazionali, Pacini Giuridica, 2021, limitatamente alle pagg. 1-157, 177-248, 347-533.

AND

V. Zagrebelsky, R. Chenal, L. Tomasi, Manuale dei diritti fondamentali in europa, terza edizione, il Mulino, Bologna, limitatamente alle pagg. 21-62 e 77-128

for ATTENDING STUDENTS, the first day of lesson will be specified the exam program

some material will be available on virtuale.unibo, at the web page of the course

Teaching methods

Lessons will be given by Prof.ssa Caterina Drigo
The teaching will be articulated in the frontal lessons and in the side activities directed to solicit the involvement of the students. In the lectures will be conducted the systematic presentation of the topics covered by the course, according to the program above, and then leave room for the examination of the jurisprudence on the addressed issues.
Specialist seminars parallel to the course will be dedicated to the analysis of the protection of human rights in the Interamerican system and in the African system.
The lessons will be held in the second semester and therefore the students will be able to take the exam starting from May 2022.

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 will be carried out taking into consideration:
knowledge of institutional profiles;
the ability to analyze the jurisprudential and doctrinal guidelines;
the ability to make connections between the different parts of the program;
the ability to develop critical arguments;
the exposure articulation;
the accuracy of the exposure.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

· knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

· knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

· comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

· extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Registration for the final exam must be done using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm).

THESIS

The degree theses are assigned by Prof. Caterina Drigo after an interview.

Prerequisites
The exam can be sustained only after passing the exam of Constitutional Law.

Teaching tools

In order to facilitate the assimilation of concepts, also through the visualization of logical links, the illustration of the topics will be constantly accompanied by the analysis of case law found in the Casebook of human rights, through the distribution of jurisprudential materials or through the illustration of judgments available online on the institutional websites of national and international bodies or entities.
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 Caterina Drigo