Public Law

Marco GALDI Public Law

0212400009
DIPARTIMENTO DI SCIENZE ECONOMICHE E STATISTICHE
EQF6
ECONOMICS
2020/2021



OBBLIGATORIO
YEAR OF COURSE 2
YEAR OF DIDACTIC SYSTEM 2016
SECONDO SEMESTRE
CFUHOURSACTIVITY
1060LESSONS
Objectives
THE COURSE OF PUBLIC LAW ALLOWS A BASIC TRAINING ON PUBLIC LAW
THE COURSE AIMS TO MAKE IT POSSIBLE TO BE ORIENTED IN THE INTERPRETATION OF LAW AND IN THE RELATIONSHIP BETWEEN THE SOURCES OF LAW, AS WELL AS TO ALLOW A GOOD KNOWLEDGE OF THE ITALIAN CONSTITUTION AND THE BASIC ELEMENTS THAT REGULATE THE ACTIVITY AND THE ORGANIZATION OF THE PUBLIC ADMINISTRATION

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
ABILITY TO CONSULT REGULATORY AND LEGAL TEXTS CONCERNING PUBLIC LAW, ASSESSING THEIR APPLICABLE SCOPE. ABILITY TO COMMENT INTO CONSEQUENTLY AND CORRECTLY THE LIFE OF THE INSTITUTIONS AND TO EFFECTIVELY INTERFACE WITH THE PUBLIC ADMINISTRATION.
Prerequisites
NO SPECIAL PREREQUISITES ARE REQUIRED GIVEN THE INTRODUCTORY NATURE OF THE COURSE IN PUBLIC LAW.

Contents
THE COURSE IS DIVIDED INTO FIVE MODULES:
A) INTRODUCTION TO PUBLIC LAW (12 HOURS OF CLASS)
A PRELIMINARY INTRODUCTION TO THE COURSE INVOLVING AN INTRODUCTION TO STUDY METHODS, FOLLOWED BY 5 CLASSES COVERING: THE DIACHRONIC ASPECTS OF PUBLIC LAW AND THE CONTINUOUS ELEMENTS LINKING THE CONSTITUTIONALISM OF ANCIENT AND MODERN TIMES; CERTAIN GENERAL NOTIONS ON THE THEORY OF LAW SHALL BE CLARIFIED (STANDARD, ORDER, ECC), CONCENTRATING ON THE CONCEPTS OF PERSON AND STATE AND ON THE "FORM" AND "TYPE" OF STATUS AND "FORM OF GOVERNMENT"; AN ANALYSIS OF MODERN STATE FORMATS UP TO DEMOCRATIC STRUCTURES, OF WHICH THE ESSENTIAL TRAITS SHALL BE EXAMINED (PRINCIPLE OF PERSONALISM, PLURALISM, DEMOCRATIC AND WORKER-ORIENTED, FORMAL AND SUBSTANTIAL EQUALITY, PROGRESSIVE TAXATION, SOCIAL RIGHTS, SUBSIDIARITY, TRENDS IN FEDERALISM); REVIEW OF THE EVOLUTION OF THE ITALIAN STATE, CONCENTRATING ON THE CHARACTERISTICS AND THE STRUCTURE OF THE NEW CONSTITUTION. CONNECTED TO THIS FIRST MODULE WILL BE A SERIES OF OPTIONAL EXERCISES ON STUDY METHODS.
B)ORIGNIS OF LAW (14 HOURS)
HAVING UNDERTAKEN A PRELIMINARY REVIEW OF THE GENERAL THEORY OF LAW (RELATING TO PRODUCTION, ON PRODUCTION, COGNITION, FACTUAL ORIGINS AND ACTS), WE SHALL EXAMINE THE THEME OF LAW, ITS INTERPRETATION; ITS EFFECTIVENESS OVER TIME, ANTINOMIES AND RESOLUTION CRITERIA; DEFECTS AND CRITERIA FOR CORRECTING THEM. WE WILL THEN EXAMINE THE ITALIAN CONSTITUTION (PROCEDURES AND LIMITS TO ITS REVISION), AS WELL AS ADDITIONAL RESTRICTIONS ON STATE AND REGIONAL LAWS (ARTICLE 117, PARAGRAPH 1 OF THE CONSTITUTION). THERE FOLLOWS A PRIMARY LEVEL REVIEW (LAW, LEGISLATIVE ACTS, REGULATIONS OF CONSTITUTIONAL BODIES); THE DISTRIBUTION OF LEGISLATIVE POWER BETWEEN THE STATE AND THE REGIONS; REGULATIONS OF ECONOMIC AND LOCAL AUTONOMY SOURCES; OF INSTITUTIONS AND COMMUNITY SOURCES. RELATED TO THIS SECOND MODULE WILL BE A SERIES OF OPTIONAL EXERCISES ON THE ACQUISITION AND THE INTERPRETATION OF THE SOURCES OF PUBLIC LAW.
C)READING THE CONSTITUTION (10 HOURS).
WE SHALL ANALYSE THE FUNDAMENTAL PRINCIPLES, THE REGULATIONS RELATING TO THE C.D. "CIVIL RELATIONS", "ETHICAL-SOCIAL" "ECONOMIC" AND "POLITICAL", CONTAINED IN PART I OF THE CONSTITUTION. CONNECTED TO THIS THIRD MODULE WILL BE A SERIES OF OPTIONAL EXERCISES ON THE ECONOMIC CONSTITUTION AND DIRECT DEMOCRACY INSTITUTIONS.
D)THE FORM OF ITALIAN GOVERNMENT AND CONSTITUTIONAL GUARANTEES (10 HOURS).
PREMISES TO THE GENERAL THEORY OF CONSTITUTIONAL ORGANISATION, THE CONSTITUTIONAL ORGANS AND THEIR AUXILIARY BODIES ARE ANALYSED FROM THE FUNCTIONAL VIEW. CONNECTED TO THIS MODULE WILL BE A SERIES OF OPTIONAL EXERCISES ON FORM OF GOVERNMENT AND JUDGEMENTS OF THE CONSTITUTIONAL COURT.
E)PUBLIC ADMINISTRATION (14 HOURS).
GIVEN THE DEFINITION OF PUBLIC ADMINISTRATION AND THE PRINCIPLES UNDERLYING ITS ORGANISATION AND OPERATION, THERE WILL BE FURTHER ANALYSIS OF THE ADMINISTRATIVE ORGANISATION AND ITS MODUS OPERANDI. IN PARTICULAR, HAVING ESTABLISHED THE NOTIONS OF ACT, MEASURES AND ADMINISTRATIVE PROCEDURE, WE EXAMINE LAW NO. 241 OF 1990 ("TEMPORALISATION" OF ACTIVITY, MOTIVATIONS BEHIND THE MEASURE, RESPONSIBLE PARTIES, PROCEDURAL PARTICIPATION, HISTORY OF ADMINISTRATIVE ACTS, ADMINISTRATIVE SIMPLIFICATION) AND SOME SPECIFIC THEMES SHALL BE EXAMINED (PUBLIC ADMINISTRATION CONTRACTS, GENERAL ECONOMIC INTERESTS, ACCESS TO ADMINISTRATIVE ACTS AND "CIVIC ACCESS", PERSONAL OF THE PUBLIC ADMINISTRATION, PUBLIC SERVICE, PREVENTION OF CORRUPTION). RELATED TO THIS MODULE WILL BE A SERIES OPTIONAL EXERCISES ON ADMINISTRATIVE MEASURES.
Teaching Methods
THE COURSE INCLUDES 60 HOURS OF CLASSES CONSISTING OF LECTURES AND 14 HOURS OF TUTORIALS THAT ARE OPTIONAL (AS INDICATED AT THE BOTTOM OF THE FORMS).
COURSE ATTENDANCE IS NOT OBLIGATORY, ALTHOUGH STRONGLY RECOMMENDED. HOWEVER, ONLY THE ATTENDEES WITH PROOF OF ATTENDANCE BY MEANS OF PERIODIC INSPECTIONS WILL BE ADMITTED TO THE INTERMEDIATE COURSE TESTS.
AT THE END OF THE OFFICIAL LESSONS, THE STUDENTS WILL BE ASKED TO COMMENT ON NEWSPAPER ARTICLES THAT CONCERN ISSUES OF PUBLIC LAW.
Verification of learning
ACHIEVEMENT OF THE COURSE OBJECTIVES IS CERTIFIED BY PASSING AN ORAL EXAMINATION WITH MAXIMUM MARK OF THIRTY (WITH THE POSSIBILITY ACHIEVING A "CUM LAUDE" HONOURS AWARD IN THE EVENT OF EXCELLENCE).
THE ORAL EXAMINATION CONSISTS OF A QUESTION-ANSWER DIALOGUE AND DISCUSSION ON THE THEORETICAL CONTENTS COVERED IN THE COURSE MATERIAL AND IS FINALISED TO ASSESS THE LEVEL OF KNOWLEDGE AND CAPABILITY OF REPRESENTATION REACHED BY THE STUDENT, ALSO TO VERIFY THE INDIVIDUAL'S ABILITY TO EXPOSURE ARGUMENTS WITH THE APPROPRIATE LEGAL TERMINOLOGY.
THE STUDENT SHALL UNDERTAKE THE FIRST PART OF THE EXAMINATION WITH THE PROFESSOR'S ASSISTANTS, WHO AFTER POSING A QUESTION FOR EACH SUBJECT MODULE OF THE COURSE, SHALL PROPOSE A MARK THAT IS SUBJECT TO A NEW AND AUTONOMOUS EVALUATION BY THE PROFESSOR.
THE COURSE ATTENDEES MAY OPTIONALLY SUSTAIN TWO INTERMEDIATE TESTS, RESPECTIVELY AT THE CONCLUSION OF THE SECOND AND THE FOURTH MODULES. THE TESTS WILL BE ORAL, ACCORDING TO GENERAL METHODS PREVIOUSLY OUTLINED. THE RESULTS OF THE TWO INTERVIEW TESTS WILL BE AVERAGED WITH THE RESULT OF THE FINAL TEST, WHICH ARE TAKEN ON THE FIFTH AND LAST MODULE.
ON THE REQUEST OF THE STUDENT, WHETHER THE PROFESSOR ACKNOWLEDGES PARTICULAR SITUATIONS OF DIFFICULTY, THE EXAMINATION MAY ALSO BE UNDERTAKEN WITH A WRITTEN TEST, BY MEANS OF SIX QUESTIONS TO BE FREELY TREATED IN A SYNTHETIC MANNER WITHIN THIRTY MINUTES.
Texts
GIANDOMENICO FALCON, LINEAMENTI DI DIRITTO PUBBLICO, CEDAM, LAST EDITION.
OR
ROBERTO BIN, GIOVANNI PITRUZZELLA, DIRITTO PUBBLICO, GIAPPICHELLI, LAST EDITION.
THE ADMINISTRATIVE PART CAN BE SUPPLEMENTED WITH HANDOUTS PROVIDED BY THE TEACHER.
OTHER TEACHING MATERIAL MAY BE PUBLISHED ON THE TEACHER'S PAGE.

More Information
ADDITIONAL SUPPLEMENTARY LEARNING ACTIVITIES (SEMINARS, CONFERENCES, ETC) WILL BE COMMUNICATED AT A LATER DATE.
THE PROFESSOR, DURING CONSULTATION HOURS, IS AVAILABLE FOR ADDITIONAL INFORMATION ABOUT THE COURSE OR RELATED FURTHER INFORMATION.

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