Marco GALDI | Public Law
Marco GALDI Public Law
cod. 0212400009
PUBLIC LAW
0212400009 | |
DEPARTMENT OF ECONOMICS AND STATISTICS | |
EQF6 | |
ECONOMICS | |
2024/2025 |
OBBLIGATORIO | |
YEAR OF COURSE 2 | |
YEAR OF DIDACTIC SYSTEM 2016 | |
AUTUMN SEMESTER |
SSD | CFU | HOURS | ACTIVITY | |
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IUS/09 | 10 | 60 | LESSONS |
Exam | Date | Session | |
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GALDI | 20/12/2024 - 09:00 | SESSIONE ORDINARIA | |
GALDI | 20/12/2024 - 09:00 | SESSIONE DI RECUPERO |
Objectives | |
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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 | |
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NO SPECIAL PREREQUISITES ARE REQUIRED GIVEN THE INTRODUCTORY NATURE OF THE COURSE IN PUBLIC LAW. |
Contents | |
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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 CONSTITUTION. LINKED TO THIS FIRST MODULE WILL BE A TWO-HOUR EXERCISE ON THE STUDY METHOD. 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 EUROPEAN SOURCES. LINKED TO THIS SECOND MODULE WILL BE A TWO-HOUR EXERCISE ON THE SOLUTION OF ANTINOMIES BETWEEN SOURCES. 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. 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. LINKED TO THIS MODULE WILL BE A TWO-HOUR EXERCISE ON THE LIFE OF CONSTITUTIONAL BODIES, CARRIED OUT THROUGH THE READING OF NEWSPAPERS. 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, ACCESS TO ADMINISTRATIVE ACTS AND "CIVIC ACCESS", PERSONAL OF THE PUBLIC ADMINISTRATION, PUBLIC SERVICE, PREVENTION OF CORRUPTION). |
Teaching Methods | |
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THE COURSE INCLUDES 54 HOURS OF LECTURES (9 CFU) AND 6 HOURS OF CLASSROOM EXERCISES (1 CFU - AS INDICATED AT THE END OF THE MODULES). THE LECTURES WILL ALLOW THE STUDENT TO ACQUIRE THE KNOWLEDGE RELATED TO THE SUBJECT OF TEACHING. THE EXERCISES WILL ALLOW THE STUDENT TO DEVELOP THE ABILITY TO STUDY AND DEEPEN THE KNOWLEDGE OF PUBLIC LAW; AS WELL AS UNDERSTANDING AND DISCUSSING CURRENT ISSUES AND THE CONCRETE APPLICATION OF SPECIFIC SECTOR REGULATIONS. 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. |
Verification of learning | |
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THE ACHIEVEMENT OF THE TEACHING OBJECTIVES IS CERTIFIED BY PASSING AN ORAL EXAM WITH AN EVALUATION OUT OF THIRTYS (WITH THE POSSIBILITY OF RECOGNIZING THE "HONORS" TO EXCELLENCE). THE ORAL EXAM CONSISTS OF AN INTERVIEW WITH QUESTIONS AND DISCUSSION ON THE THEORETICAL CONTENTS INDICATED IN THE COURSE PROGRAM AND IS AIMED AT ASCERTAINING THE LEVEL OF KNOWLEDGE AND UNDERSTANDING ACHIEVED BY THE STUDENT, AS WELL AS VERIFYING THE ABILITY TO EXPOSE WITH APPROPRIATE LEGAL TERMINOLOGY. THE STUDENT WILL TAKE A FIRST PART OF THE EXAM WITH THE COLLABORATORS OF THE CHAIR HOLDER, WHO, AFTER HAVING FORMULATED AT LEAST ONE QUESTION FOR EACH MODULE IN WHICH THE COURSE IS DIVIDED, WILL FORMULATE A PROPOSAL FOR A GRADE, WHICH IN ANY CASE WILL BE SUBJECT TO NEW AND AUTONOMOUS EVALUATION BY THE TEACHER. STUDENTS WILL BE ABLE TO TAKE ANY INTERVENING TESTS. THE TESTS WILL BE HELD ORALLY, ACCORDING TO THE GENERAL PROCEDURES SPECIFIED ABOVE. THE RESULT OF THE TESTS WILL BE AVERAGED WITH THE RESULT OF THE FINAL TEST, WHICH WILL BE HELD ON THE FIFTH AND LAST MODULE. OVERALL, THE DURATION OF THE ORAL EXAM MAY VARY FROM 15 TO 30 MINUTES. THE SCORE OF THE ORAL EXAM WILL DEPEND ON THE STUDENT'S ABILITY TO EFFECTIVELY PRESENT THE CONTENTS AND CRITICALLY DISCUSS THE TOPICS DISCUSSED. AN IN-DEPTH KNOWLEDGE OF AT LEAST THE SECOND AND FIFTH MODULES WILL BE AN ESSENTIAL PREREQUISITE FOR PASSING THE EXAM. AT THE EXPLICIT REQUEST OF THE STUDENT, IF THERE ARE PARTICULAR SITUATIONS OF DIFFICULTY ASCERTAINED BY THE TEACHER, THE EXAM MAY ALSO BE HELD IN WRITING, THROUGH THE ADMINISTRATION OF SIX FREE-RESPONSE AND SYNTHETIC QUESTIONS TO BE MADE WITHIN THIRTY MINUTES. |
Texts | |
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GIANDOMENICO FALCON, LINEAMENTI DI DIRITTO PUBBLICO, CEDAM, LAST EDITION. OR ROBERTO BIN, GIOVANNI PITRUZZELLA, DIRITTO PUBBLICO, GIAPPICHELLI, LAST EDITION. THE ADMINISTRATIVE PART MUST BE INTEGRATED WITH HANDOUTS PROVIDED BY THE TEACHER AND AVAILABLE ON THE OFFICIAL WEBSITE OF THE SAME UNDER THE HEADING "MATERIALS". FURTHER TEACHING MATERIAL (IN PARTICULAR THE SLIDES OF THE LECTURES) CAN BE FOUND ON THE TEACHER'S OFFICIAL WEBSITE UNDER "MATERIALS". |
More Information | |
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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. THE RECEPTION IS MADE BY APPOINTMENT AGREED BY E-MAIL. |
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