00534 - Principles of Public Law

Learning outcomes

At the end of course, the student:

- knows the fundamental principles and features of the in force costitutional system;

- has knowledge about the organisation of the State, of the constitutional bodies and of the bodies that have constitutional significance;

-knows how to analyse the most important studied aspects in order to understand the recent constitutional reforms;

- knows the legal framework about the reference categories for the social intervention;

- is able to understand the vocabulary and the specific terminology.

Course contents

Contents

The course's goal is to provide students with a basic overview of the italian constitutional judicial system: from the foundation of the State to the analysis of competences and functions of each constitutional body. The in-depth analysis of the European union institutional framework will be essential (first module): from the founding principles of the aggregations of states to the examination of the sources of European union law and the role played by European union Justice Court.

The course, designed for students of social services, will have a specific focus on the protection of constitutional rights with particular reference to the right to health and, then, to the national health system, as well as to social rights and care system, which the constitutional principle of horizontal subsidiarity plays a fundamental role about.

Program:

First module (Marchianò):

1. The fundamental features of the legal phenomenon.

The concept of legal order and the plurality of legal systems.

Common law - Civil law.

Forms of State and Forms of Government

Form of Government: parliamentary government, presidential government, semi-presidential government.

Constitution: constitutional principles and fundamental freedoms.

2. Article 11 of the Italian Constitution and the creation of the European Union: brief notes on the European Union's constitution.

3. The supremacy of Eu rules with regard to national rules and the role of the case law of the Eu Court of Justice.

4. The Union citizen's status and the principle of non-discrimination (Article 20 Treaty on the Functioning of the European Union). The Charter of Fundamental Rights.

5. The problem of European citizenship: from national citizens to global citizens.

6. The protection of fundamental rights in European law. Coordination in the application of the fundamental principles. The European Convention on Human Rights.

7. The right to freedom of movement and residence in the territory of the Member States. The Schengen Treaty

8. Migration policy and the protection of migrants: first reflections in the Community context

9. The free movement of workers and c.d. Public service exeption

10. Judgment Court of Justice 18 July 2013, c.d. «Kadi II»

Second module (Scavone):

The italian law sources: sources on creation of law, sources of law creation and sources of awareness. The criterions of antinomys' resolution.

The organisation of the Constitution in Italy: constitutional bodies.

The Parliament.

The Government.

The President of the Republic.

The magistratures.

The Constitutional Court.

The regional and local system.

Constitutional rights: possibilities to seek legal protection.

Constitution and Welfare State: birth and evolution of Welfare State in Italy.

Right to health and healthcare service: definition and possible conjugations, content of the right and ways of protection, evolution of the italian healthcare national service, organisation of healthcare in Italy.

Social rights and helpful system: constitutional principles, types and conjugations of the right to social helpful services, application of horizontal subsidiarity principle.

Readings/Bibliography

Attendant students

1. For the first module: notes taken during lessons and didactic material provided by prof. Marchianò;
2. For the second module: A. Barbera - C. Fusaro, corso di Diritto Pubblico, Bologna, Il Mulino, Ult. Ed.; R. Balduzzi (a cura di), Manuale di diritto sanitario, Il Mulino, Bologna, 2013. Students have to focus their attention only on the parts indicated by professor during lessons.

Non-attendat students

1. A. Barbera - C. Fusaro, corso di Diritto Pubblico, Bologna, Il Mulino, Ult. Ed.. Students have to study only chapter from I to VIII included, XII and XIII;
2. R. Balduzzi (a cura di), Manuale di diritto sanitario, Il Mulino, Bologna, 2013, Students have to study only chapter from I to VII included, XII and XIV.

Assessment methods

The attendant students can take an intermediate exam at the end of prof. Marchianò's module on the arguments checked during her lessons. In this case, the exam on the second module will be oral and it will be held during the ordinary examination dates at the end of prof. Scavone's module.

The non-attendant students must take oral exam on the whole program at the end of prof. Scavone's module.

 

Office hours

See the website of Angelo Scavone

See the website of Giovanna Marchianò