B0047 - GOVERNANCE DEGLI ENTI TERRITORIALI

Academic Year 2023/2024

  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Second cycle degree programme (LM) in Law and Economics (cod. 5913)

Learning outcomes

At the end of the course the students will have full knowledge of the national legal system, by examining the structure, organization and functions of the constituent bodies of the Republic: Municipalities, Provinces, Metropolitan Cities, Regions and State, studied through the model envisaged by the Constituent Assembly and through the amended adopted with the constitutional revision laws no. 1 of 1999, no. 2 of 2001 and no. 3 of 2001, studied through the most significant ordinary laws on this subject, law 59 of 1997 and law 127 of 1997, law 131 of 2003, law. 165 of 2004, implementing art. 122 of the Constitution, paragraph 1, and the delegation law on the so-called “Fiscal federalism”, law. 42 of 2009. The students will investigate the attempts to restore some competences back to the State, through the rationalization of public spending. Above all, will be studied the impact of some European disciplines on local authorities. The students will also investigate the rulings in this subject of the administrative judges, of Constitutional Court and of Court of Justice of the European Union.

Course contents

The Program will specifically focus on:


1. General concepts: centralized State, federal State, regional State, Confederation of States. 2. The evolution of Italian regionalism from the constituent model to the "reform" of Title V of Part II of the Constitution. 2. Unity of the Republic and institutional pluralism. The constitutional autonomy of Regions, Provinces and Municipalities. 3. Normative sources. Regional statutes. The regional legislative power. Regulatory powers. Regulatory sources of local authorities: statutes and local regulations. 4. The form of regional government: constitutional model and regional variants. 5. The fundamental regional bodies. The President of the Region, the Regional Council, the Autonomy Council. 6. The form of government of local authorities. 7. State, regional and local public administration: organization and functions. 8. Institutional relationships. State, Regions and European Union. State, Regions and Local Authorities. 9. Financial autonomy of Regions and local authorities and fiscal federalism. 10. The instruments of constitutional guarantee.

Readings/Bibliography

For the preparation of the exam we recommend the following Manual:


The Italian Constitution. Article by article commentary, Vol. II, Part II, Order of the Republic, Second Edition, edited by F. Clementi, L. Cuocolo, F. Rosa, G.E. Vigevani, published by Il Mulino, 2021, limited to Title V, "The Regions, the Provinces, the Municipalities", articles from 114 to 133 inclusive.


The Teacher will make available on Virtual the material of the Special Part (the sentences) and the Comment of the art. 5 of the Constitution, which is found in the first volume of the Manual, which therefore must not be purchased by students.

Teaching methods

The lessons will take place according to the traditional method of the frontal lesson.


The topics will be treated not only with the contribution of the Manual, but also with the help of sentences, especially of the Constitutional Court, which will be discussed in the classroom.


The lessons will be held in the first semester.

Assessment methods

The exam will take place in oral form, during which the teacher will verify the knowledge of the manual-general part and the special part, the sentences.


During the exam, students can choose to comment one of the sentences presented in class and uploaded to the virtual platform.


Particular attention will be devoted to the system of sources, the form of government, the system of competences and the system of administrations of local entities.

Teaching tools

During the Course the most significant rulings of Constitutional Court will be commented in classroom.


The main tools to support teaching will be laws, with particular regard to Constitutional laws and ordinary laws, secondary sources and the jurisprudence of Constitutional Court, or of the Administrative Judge, of the Court of Justice of the European Union and the European Court of Human Rights.

Office hours

See the website of Michele Belletti

SDGs

Quality education Sustainable cities Climate Action Life on land

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.