02477 - Parliamentary Law

Learning outcomes

To provide in-depth knowledge of the parliamentary system and its history, with specific reference to both organisational and operational aspects, so as to enable the student to gain a critical understanding of the current institutional dynamics and the main functions of elected assemblies, also with a view to their practical application in the context of specific professional profiles.

Course contents

1. The evolution of parliamentary law: the history of the Parliaments' rules of procedure. 2. The sources of parliamentary law. 2.1. The Constitution and constitutional statutes. 2.2. The general rules of procedures of the Chamber of Deputies and of the Senate: content, approval procedure and scope of application. 2.3. Special and minor regulations. 2.4. The contentious legal nature of parliamentary groups' statutes and regulations. 2.5. Factual sources: customs, conventions and practices. 3. The legal status of Members of Parliament. 3.1. The prohibition of binding mandate. 3.2. Parliamentary immunities. 3.3. Parliamentary allowances. 3.4. Ineligibility and incompatibility. 4. The Parliament and its organisation. 4.1. Bicameralism. Joint sessions of the Chambers. 4.2. The Presidency and its Bureau. 4.3. The conference of group leaders. 4.4. Standing committees. Special committees and councils. 4.5. Parliamentary groups. 5. Competences and procedures. 5.1.The organisation and planning of plenary and committee meetings. 5.2. The legislative function. Ordinary legislative procedure and special procedures. 5.3. The function of political steering. Motions, resolutions, agenda setting. 5.4. The control function. Question time, interpellations, and enquiry committees. Parliamentary information. 5.5. Deliberations and voting.

Readings/Bibliography

Textbooks

The exam is based on the following text:

L. Gianniti, N. Lupo, Corso di diritto parlamentare, Bologna, il Mulino, 2023, Chapters III-VIII.

Case Law

Decisions of Corte costituzionale may be found on the official website of the Corte costituzionale (www.cortecostituzionale.it ) and on the website Consulta on-line (www.giurcost.it ).

Legislation

Legislation may be consulted at the webpage www.normattiva.it . To better prepare for the exam, students may consult a public law code.

For example:

1) M. Bassani, G. Bottino, M. Della Torre, V. Italia, G. Ruggeri, A. Zucchetti (ed.), Leggi fondamentali del diritto pubblico e costituzionale, Milano, Giuffrè, 2024;
2) A. Celotto (ed.), Costituzione annotata della Repubblica italiana, Bologna, Zanichelli, 2024;
3) P. Costanzo (ed.), Testi normativi per lo studio del diritto costituzionale italiano ed europeo, vol. I, Profili organizzativi, Torino, Giappichelli, 2023;
4) A Mattioni (ed.), Codice costituzionale, Piacenza, La Tribuna, 2024;
5) L. Mezzetti (a cura di), Codice di diritto pubblico, Torino, Giappichelli, 2022.

Teaching methods

Class Timetable

Classes will take place during the first semester, according to the schedule that will be published subsequently. 

Assessment methods

Final Exam

The students learning will be verified through a final exam, testing the formative outcomes of the course.

Final exam consists of a general oral exam, led by the professor and his assistants.

The final grade will consider the results of each part of the exam.

The assessment will take into account the general knowledge of the main topics of the course, as well as the ability to analyze case law and its theorical implications, the critical approach and and argumentative clarity.

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.

Final Thesis

The thesis topic is given after a talk with the Professor, who will mark the topic and the student name in the Thesis Book. The time and date for the assignment of the thesis will be established by the Professors at the beginning of the course. The editing modalities will be fixed in accordance with the Professors. The final thesis will be delivered to the Professor one month before the delivery to the administration office.

For editing the thesis students may read the following thesis guide:

T.F. Giupponi, A. Morrone, D. Tega, La tesi di laurea in scienze giuridiche, Libreria Bonomo Editrice, Bologna, 2002.

Note for Socrates/Erasmus students

Incoming students - Socrates/Erasmus students are required to study L. Gianniti, N. Lupo, Corso di diritto parlamentare, Bologna, il Mulino, 2023, Chapters III-VIII. 

Students with learning disorders and/or temporary or permanent disabilities

Please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Teaching tools

Study trip to the Parliament

Each year, students attending the Course will be able to participate in a study trip to the Parliament, with the opportunity to visit the Chamber of Deputies and the Senate of the Republic, attend the work of the Assembly and meet parliamentary officials.

During the Course of lectures, a schedule of meetings may be established for in-depth seminars and for carrying out activities to support teaching.

These initiatives will be widely publicized.

Office hours

See the website of Tomaso Francesco Giupponi