46818 - DIRITTI FONDAMENTALI

Learning outcomes

Upon completion of the coursework, the student: has a thorough understanding of the constitutional and normative framework of fundamental rights in democratic/pluralist contexts, with a focus on more recently emerging rights (third-generation rights) and more complexly managed social conditions (immigrant and noncitizen rights),

Course contents

This course is designed to delve into the topic of fundamental rights, which has already been covered in a general way in the Public Law course. The topics addressed will focus not only on an in-depth examination of the rights guaranteed by our Constitution in Part I, Titles I, II, III, and IV, but also on their origin, the historical context in which they were formed. In addition, we will see how the protection of rights has been amplified through mechanisms of adaptation of our legal system to respect the fundamental rights safeguarded, on one hand, by the European Union Treaties and, on the other, by international treaties. In the second part of the course, having become familiar with the subject matter, the relationship between fundamental rights and living law will be addressed, dealing with the main controversies that have emerged in recent years. Students will be provided, using a comparative method, with the tools to understand how the main fundamental rights are interpreted and applied on the basis of the jurisprudence of the Supreme Courts: constitutional, EU and international. The subject of the analysis will be both on the "last" generation rights (abortion, euthanasia, environmental rights, network rights), and on the evolution of the more "classic" socio-economic rights, especially considering the most recent events: the COVID - 19 pandemic, the war in Ukraine, the energy crisis and the food crisis. Finally, special attention will be given to the jurisprudence of domestic law, resulting from the introduction of humanitarian protection obligations, reinforced by the provision of specialized sections established in ordinary courts.


The teaching is mono-disciplinary, but divided into four modules:


MODULE I - ORIGIN OF FUNDAMENTAL RIGHTS, HISTORICAL CONTEXT, EVOLUTION AND THEORETICAL FOUNDATIONS;


MODULE II - FUNDAMENTAL RIGHTS IN THE ITALIAN CONSTITUTION;


MODULE III - INTERNATIONAL AND SUPRANATIONAL SOURCES OF RIGHTS;


MODULE VI - JURISPRUDENTIAL ISSUES ON THE NEW GENERATION OF RIGHTS, SOCIOECONOMIC RIGHTS AND HUMANITARIAN PROTECTION

Readings/Bibliography

Texts /Bibliography


The basic text for the preparation of the general part of the exam is: P. Caretti, Fundamental Rights, Turin: Giappichelli, ult. ed.


Further reading:


MODULE I: Marcello Flores, Storia dei diritti umani, Bologna, il Mulino 2012; Carla Faralli, Le grandi correnti della filosofia del diritto, Turin, Giappichelli, 2014.


MODULE II: Norberto Bobbio, The age of rights, Turin, Einaudi, 2014.


MODULE III: G. Pino, The constitutionalism of rights, Bologna, il Mulino, 2017;


MODULE IV: Stefano Canestrari, Principi di Biodiritto Penale, Bologna, il Mulino;

Teaching methods

The conduct of the final examination will be by oral examination where the student must demonstrate knowledge of the program.


The purpose of the oral test is to verify the student's ability to apply his or her notional background and to make the necessary logical-deductive connections.


The test will cover the topics covered in the textbook.


For students who are found to have attended at least two-thirds of the lectures, the exam may focus on the topics covered in the lectures attended and at least one of the in-depth examinations, as chosen.

Assessment methods

DISSERTATION THESES.


Dissertations are assigned by Prof. Angelo Scavone, subject to interview.


Propedeuticities


The exam can be taken only after passing the Public Law examination.

Office hours

See the website of Angelo Scavone