ARMANDO LAMBERTI | CONSTITUTIONAL LAW AND ECONOMIC FREEDOMS

cod. 0112100002

CONSTITUTIONAL LAW AND ECONOMIC FREEDOMS

	0112100002
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF6
	BUSINESS AND NEW TECHNOLOGIES LAWYER
	2020/2021

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 1
	YEAR OF DIDACTIC SYSTEM 2020
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/08	9	54	LESSONS	BASIC COMPULSORY SUBJECTS

PROFESSORS

	ARMANDO LAMBERTI T Curriculum
	MARIO PANEBIANCO Curriculum

	Objectives
	LEARNING CONSTITUTIONAL LAW IS FUNDAMENTAL FOR THE KNOWLEDGE OF THE FUNDAMENTAL PILLARS OF THE LEGAL ORDER AND AS AN ESSENTIAL BACKGROUND FOR THE STUDY AND FOR THE IN-DEPTH ANALYSIS OF ALL THE OTHER AREAS OF THE LAW. THE STUDY OF CONSTITUTIONAL LAW IS AIMED AT LETTING THE STUDENT AWARE OF THE RELEVANCE OF THE PRINCIPLES RELATED TO THE ORGANIZATION, THE POWERS AND THE PURPOSES OF THE STATE, THROUGHOUT THE COMPREHENSION OF THE ITALIAN CONSTITUTION. TAKING INTO ACCOUNT THE PECULIARITY OF THE COURSE (CONSTITUTIONAL LAW AND ECONOMIC FREEDOMS), PARTICULAR EMPHASIS WILL BE DEVOTED TO THE ANALYSIS OF THE RELATIONSHIP BETWEEN CONSTITUTION, ECONOMICS AND SOCIETY AND OF RIGHTS AND FREEDOMS IN THE SOCIAL AND ECONOMIC SPHERE.

LEARNING CONSTITUTIONAL LAW IS FUNDAMENTAL FOR THE KNOWLEDGE OF THE FUNDAMENTAL PILLARS OF THE LEGAL ORDER AND AS AN ESSENTIAL BACKGROUND FOR THE STUDY AND FOR THE IN-DEPTH ANALYSIS OF ALL THE OTHER AREAS OF THE LAW. THE STUDY OF CONSTITUTIONAL LAW IS AIMED AT LETTING THE STUDENT AWARE OF THE RELEVANCE OF THE PRINCIPLES RELATED TO THE ORGANIZATION, THE POWERS AND THE PURPOSES OF THE STATE, THROUGHOUT THE COMPREHENSION OF THE ITALIAN CONSTITUTION. TAKING INTO ACCOUNT THE PECULIARITY OF THE COURSE (CONSTITUTIONAL LAW AND ECONOMIC FREEDOMS), PARTICULAR EMPHASIS WILL BE DEVOTED TO THE ANALYSIS OF THE RELATIONSHIP BETWEEN CONSTITUTION, ECONOMICS AND SOCIETY AND OF RIGHTS AND FREEDOMS IN THE SOCIAL AND ECONOMIC SPHERE.

	Prerequisites
	KNOWLEDGE OF ITALIAN LANGUAGE ; ESSENTIAL KNOWLEDGE OF HISTORY AND IN PARTICULAR HISTORY OF ITALY REPUBLICAN.

	Contents
	A) GENERAL SECTION IT IS ARTICULATED IN FOUR MACRO-AREAS IDENTIFIED AS FOLLOWS: 1) CONSTITUTIONAL ORGANIZATION OF THE STATE 2) SOURCES OF LAW 3) PRINCIPLES, FREEDOMS AND FUNDAMENTAL RIGHTS 4) CONSTITUTIONAL JUSTICE B) SPECIAL SECTION THE RELATIONSHIP BETWEEN CONSTITUTION, ECONOMICS AND SOCIETY. RIGHTS IN THE SOCIAL AND ECONOMIC SPHERE. THE ECONOMIC CONSTITUTION. BUSINESS AND WORK IN THE CONSTITUTION. COMPETITION LAW. PUBLIC SERVICES. THE CONTROL OF PUBLIC FINANCE. ECONOMIC LEGISLATION AND THE ROLE OF THE CONSTITUTIONAL COURT. INDEPENDENT ADMINISTRATIVE AUTHORITIES. THE PRINCIPLE OF SUBSIDIARITY. LEARNING OUTCOMES: 1)KNOWLEDGE AND UNDERSTANDING: ANALYSIS OF THE LEGAL CONCEPTS CONCERNING THE ESSENTIAL TOPICS OF THE CONSTITUTIONAL LAW, THE FUNDAMENTAL PRINCIPLES, THE SOURCES OF LAW, THE FUNDAMENTAL RIGHTS, THE CONSTITUTIONAL BRANCHES OF GOVERNMENT, THE CIRCUIT OF INSTITUTIONAL GUARANTEES, THE REGIONAL FORM OF STATE, THE RELATIONSHIPS BETWEEN THE ITALIAN LAW, THE EUROPEAN LAW AND THE INTERNATIONAL LAW, THE “ECONOMIC CONSTITUTION”. 2)APPLYING KNOWLEDGE AND UNDERSTANDING: THE KNOWLEDGE ACQUIRED BY THE STUDENT MUST DEVELOP ITS CAPACITIES TO MAKE CRITICALLY ARGUMENTS, AND THEREFORE TO BECAME A LEGAL SCHOLAR E/O EXPERT CAPABLE TO READ AND TO INTERPRET THE CONSTITUTION AND THE LAWS, WITH PARTICULAR REFERENCE TO RIGHTS AND FREEDOMS IN SOCIAL AND ECONOMIC SPHERE.

Contents

A) GENERAL SECTION
IT IS ARTICULATED IN FOUR MACRO-AREAS IDENTIFIED AS FOLLOWS:
1) CONSTITUTIONAL ORGANIZATION OF THE STATE
2) SOURCES OF LAW
3) PRINCIPLES, FREEDOMS AND FUNDAMENTAL RIGHTS
4) CONSTITUTIONAL JUSTICE
B) SPECIAL SECTION
THE RELATIONSHIP BETWEEN CONSTITUTION, ECONOMICS AND SOCIETY. RIGHTS IN THE SOCIAL AND ECONOMIC SPHERE. THE ECONOMIC CONSTITUTION. BUSINESS AND WORK IN THE CONSTITUTION. COMPETITION LAW. PUBLIC SERVICES. THE CONTROL OF PUBLIC FINANCE. ECONOMIC LEGISLATION AND THE ROLE OF THE CONSTITUTIONAL COURT. INDEPENDENT ADMINISTRATIVE AUTHORITIES. THE PRINCIPLE OF SUBSIDIARITY.

LEARNING OUTCOMES:
1)KNOWLEDGE AND UNDERSTANDING: ANALYSIS OF THE LEGAL CONCEPTS CONCERNING THE ESSENTIAL TOPICS OF THE CONSTITUTIONAL LAW, THE FUNDAMENTAL PRINCIPLES, THE SOURCES OF LAW, THE FUNDAMENTAL RIGHTS, THE CONSTITUTIONAL BRANCHES OF GOVERNMENT, THE CIRCUIT OF INSTITUTIONAL GUARANTEES, THE REGIONAL FORM OF STATE, THE RELATIONSHIPS BETWEEN THE ITALIAN LAW, THE EUROPEAN LAW AND THE INTERNATIONAL LAW, THE “ECONOMIC CONSTITUTION”.
2)APPLYING KNOWLEDGE AND UNDERSTANDING: THE KNOWLEDGE ACQUIRED BY THE STUDENT MUST DEVELOP ITS CAPACITIES TO MAKE CRITICALLY ARGUMENTS, AND THEREFORE TO BECAME A LEGAL SCHOLAR E/O EXPERT CAPABLE TO READ AND TO INTERPRET THE CONSTITUTION AND THE LAWS, WITH PARTICULAR REFERENCE TO RIGHTS AND FREEDOMS IN SOCIAL AND ECONOMIC SPHERE.

	Teaching Methods
	THE COURSE PROVIDES 54 TEACHING HOURS OF LESSONS, ALSO INTERACTIVE, WITH COMPUTER’S SUPPORT. THERE WILL ALSO BE SOME TUTORIALS AND EXERCISES. WITHIN THE COURSE, THERE WILL BE ORGANIZED SEMINARS AND OTHER IN-DEPTH DISCUSSIONS ABOUT SPECIFIC TOPICS, WITH PARTICULAR REFERENCE TO THE ECONOMIC CONSTITUTION, ALSO WITH THE PARTICIPATION OF EXTERNAL SPEAKERS. THE ATTENDANCE TO THE COURSE IS RECOMMENDED. ANYWAY, THE STUDENTS UNABLE TO ATTEND MAY FOLLOW THE TUTORIALS. THE TEACHING LANGUAGE IS ITALIAN.

Teaching Methods

THE COURSE PROVIDES 54 TEACHING HOURS OF LESSONS, ALSO INTERACTIVE, WITH COMPUTER’S SUPPORT. THERE WILL ALSO BE SOME TUTORIALS AND EXERCISES. WITHIN THE COURSE, THERE WILL BE ORGANIZED SEMINARS AND OTHER IN-DEPTH DISCUSSIONS ABOUT SPECIFIC TOPICS, WITH PARTICULAR REFERENCE TO THE ECONOMIC CONSTITUTION, ALSO WITH THE PARTICIPATION OF EXTERNAL SPEAKERS.
THE ATTENDANCE TO THE COURSE IS RECOMMENDED. ANYWAY, THE STUDENTS UNABLE TO ATTEND MAY FOLLOW THE TUTORIALS. THE TEACHING LANGUAGE IS ITALIAN.

	Verification of learning
	THERE WILL BE A NON-COMPULSORY PARTIAL EXAM DURING THE COURSE. THE FINAL ORAL EXAM WILL BE EVALUATED HAVING REGARD TO THE KNOWLEDGE OF THE ENTIRE DISCIPLINE AND OF THE CONSTITUTION. IT WILL ALSO BE EVALUATED THE COMMUNICATIVE CAPABILITY (CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS). THE VERIFICATION PARTICULARLY CONCERNS: 1)MAKING JUDGEMENTS: FIRST OF ALL, THE STUDY OF CONSTITUTIONAL LAW IS AIMED TO PROVIDE THE STUDENTS WITH KNOWLEDGES AND CAPABILITIES TO INTERPRET THE CONSTITUTION, CONSIDERING ALSO THE EUROPEAN LAW; SECONDLY, IT IS AIMED TO PROVIDE THE STUDENTS WITH A METHOD USEFUL TO READ AND ANALYZE THE LAWS AND THE PRECEDENTS OF THE ITALIAN CONSTITUTIONAL COURT, WITH PARTICULAR REFERENCE TO RIGHTS AND FREEDOMS IN SOCIAL AND ECONOMIC SPHERE. 2)COMMUNICATION SKILLS: CAPABILITY TO PRESENT THE SUBJECT WITH CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS. 3)LEARNING SKILLS: ACQUISITION OF THE CAPABILITY TO IDENTIFY, EXAMINE AND INTERPRET THE FUNDAMENTAL TOPICS, THE LAWS AND THE PRECEDENTS OF THE CONSTITUTIONAL COURT, AND TO APPLY THIS KNOWLEDGE ALSO TO THE OTHER LEGAL COURSES. STANDARDS OF JUDGEMENT ARE: -ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX INFORMATION IN THE SPECIFIC FIELD OF THE ITALIAN CONSTITUTIONAL REALITY, WITH THEIR INFLUENCE EUROPEAN AND INTERNATIONAL; -ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS, INTERPRETATIONS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT; -ACQUISITION OF REFERENCES AND TOOLS; NECESSARY LEARNING SKILLS TO FURTHER ENRICH THE PROTECTION OF THE RIGHTS AND CONSTITUTIONAL RULES AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY. THE STUDENTS MAY PRESENT SHORT PAPERS ON SPECIFIC IN-DEPTH TOPICS, PREVIOUSLY IDENTIFIED WITH THE PROFESSOR. THE RESULTS OF THESE PAPERS WILL BE TAKEN INTO CONSIDERATION FOR THE FINAL MARK.

Verification of learning

THERE WILL BE A NON-COMPULSORY PARTIAL EXAM DURING THE COURSE. THE FINAL ORAL EXAM WILL BE EVALUATED HAVING REGARD TO THE KNOWLEDGE OF THE ENTIRE DISCIPLINE AND OF THE CONSTITUTION. IT WILL ALSO BE EVALUATED THE COMMUNICATIVE CAPABILITY (CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS). THE VERIFICATION PARTICULARLY CONCERNS:
1)MAKING JUDGEMENTS: FIRST OF ALL, THE STUDY OF CONSTITUTIONAL LAW IS AIMED TO PROVIDE THE STUDENTS WITH KNOWLEDGES AND CAPABILITIES TO INTERPRET THE CONSTITUTION, CONSIDERING ALSO THE EUROPEAN LAW; SECONDLY, IT IS AIMED TO PROVIDE THE STUDENTS WITH A METHOD USEFUL TO READ AND ANALYZE THE LAWS AND THE PRECEDENTS OF THE ITALIAN CONSTITUTIONAL COURT, WITH PARTICULAR REFERENCE TO RIGHTS AND FREEDOMS IN SOCIAL AND ECONOMIC SPHERE.
2)COMMUNICATION SKILLS: CAPABILITY TO PRESENT THE SUBJECT WITH CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS.
3)LEARNING SKILLS: ACQUISITION OF THE CAPABILITY TO IDENTIFY, EXAMINE AND INTERPRET THE FUNDAMENTAL TOPICS, THE LAWS AND THE PRECEDENTS OF THE CONSTITUTIONAL COURT, AND TO APPLY THIS KNOWLEDGE ALSO TO THE OTHER LEGAL COURSES.
STANDARDS OF JUDGEMENT ARE:
-ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX INFORMATION IN THE SPECIFIC FIELD OF THE ITALIAN CONSTITUTIONAL REALITY, WITH THEIR INFLUENCE EUROPEAN AND INTERNATIONAL;
-ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS, INTERPRETATIONS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT;
-ACQUISITION OF REFERENCES AND TOOLS; NECESSARY LEARNING SKILLS TO FURTHER ENRICH THE PROTECTION OF THE RIGHTS AND CONSTITUTIONAL RULES AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY.
THE STUDENTS MAY PRESENT SHORT PAPERS ON SPECIFIC IN-DEPTH TOPICS, PREVIOUSLY IDENTIFIED WITH THE PROFESSOR. THE RESULTS OF THESE PAPERS WILL BE TAKEN INTO CONSIDERATION FOR THE FINAL MARK.

	Texts
	ONE BOOK AMONG THE FOLLOWING TEXTS: A. BARBERA, C. FUSARO, CORSO DI DIRITTO COSTITUZIONALE, BOLOGNA, 2018. P. BARILE, E. CHELI, S. GRASSI, ISTITUZIONI DI DIRITTO PUBBLICO, PADOVA, 2018. R. BIN, G. PITRUZZELLA, DIRITTO COSTITUZIONALE, TORINO, 2019. P. CARETTI, U. DE SIERVO, DIRITTO COSTITUZIONALE E PUBBLICO, TORINO, 2018. E. DE MARCO, P. BILANCIA (A CURA DI), L’ORDINAMENTO DELLA REPUBBLICA. ISTITUZIONI E SOCIETÀ, PADOVA, 2018. M. DOGLIANI, I. MASSA PINTO, ELEMENTI DI DIRITTO COSTITUZIONALE, TORINO, 2017. T. MARTINES, DIRITTO COSTITUZIONALE, MILANO, 2017. G. MAZZIOTTI DI CELSO, G. M. SALERNO, MANUALE DI DIRITTO COSTITUZIONALE, PADOVA, 2018. F. MODUGNO (A CURA DI), DIRITTO PUBBLICO, TORINO, 2019. A. PISANESCHI, DIRITTO COSTITUZIONALE, TORINO, 2018. C. ROSSANO, MANUALE DI DIRITTO PUBBLICO, NAPOLI, 2020. FOR THE SPECIAL SECTION: S. CASSESE (A CURA DI), LA NUOVA COSTITUZIONE ECONOMICA, ROMA-BARI, 2020 (PP. 3-36; 103-176; 291-330). IT IS SUGGESTED THE CONSULTATION OF: M. BASSANI, G. BOTTINO, M. DELLA TORRE, V. ITALIA, G. RUGGERI, A. ZUCCHETTI, LEGGI FONDAMENTALI DEL DIRITTO PUBBLICO E COSTITUZIONALE, MILANO, 2019. THE DISTRIBUTION OF EDUCATIONAL MATERIAL BY THE PROFESSORS IS PROVIDED FOR THE STUDENTS WHO FOLLOW THE COURSE.

Texts

ONE BOOK AMONG THE FOLLOWING TEXTS:
A. BARBERA, C. FUSARO, CORSO DI DIRITTO COSTITUZIONALE, BOLOGNA, 2018.
P. BARILE, E. CHELI, S. GRASSI, ISTITUZIONI DI DIRITTO PUBBLICO, PADOVA, 2018.
R. BIN, G. PITRUZZELLA, DIRITTO COSTITUZIONALE, TORINO, 2019.
P. CARETTI, U. DE SIERVO, DIRITTO COSTITUZIONALE E PUBBLICO, TORINO, 2018.
E. DE MARCO, P. BILANCIA (A CURA DI), L’ORDINAMENTO DELLA REPUBBLICA. ISTITUZIONI E SOCIETÀ, PADOVA, 2018.
M. DOGLIANI, I. MASSA PINTO, ELEMENTI DI DIRITTO COSTITUZIONALE, TORINO, 2017.
T. MARTINES, DIRITTO COSTITUZIONALE, MILANO, 2017.
G. MAZZIOTTI DI CELSO, G. M. SALERNO, MANUALE DI DIRITTO COSTITUZIONALE, PADOVA, 2018.
F. MODUGNO (A CURA DI), DIRITTO PUBBLICO, TORINO, 2019.
A. PISANESCHI, DIRITTO COSTITUZIONALE, TORINO, 2018.
C. ROSSANO, MANUALE DI DIRITTO PUBBLICO, NAPOLI, 2020.

FOR THE SPECIAL SECTION:
S. CASSESE (A CURA DI), LA NUOVA COSTITUZIONE ECONOMICA, ROMA-BARI, 2020 (PP. 3-36; 103-176; 291-330).

IT IS SUGGESTED THE CONSULTATION OF:
M. BASSANI, G. BOTTINO, M. DELLA TORRE, V. ITALIA, G. RUGGERI, A. ZUCCHETTI, LEGGI FONDAMENTALI DEL DIRITTO PUBBLICO E COSTITUZIONALE, MILANO, 2019.

THE DISTRIBUTION OF EDUCATIONAL MATERIAL BY THE PROFESSORS IS PROVIDED FOR THE STUDENTS WHO FOLLOW THE COURSE.

	More Information
	THE STUDENTS ARE REQUESTED TO KNOW THE ITALIAN CONSTITUTION AND THE OTHER LEGISLATIVE TEXTS ACCORDING TO THE INSTRUCTION PROVIDED BY THE PROFESSOR DURING CLASS. THERE WILL BE A TOUR OF INSTITUTIONAL PALACES. CONTACTS: PROF. ARMANDO LAMBERTI ARLAMBERTI@UNISA.IT, ARMANDO.LAMBERTI@LIBERO.IT 089.962370 – 3387699243 PROF. MARIO PANEBIANCO MAPANEBIANCO@UNISA.IT 089962116

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ARMANDO LAMBERTI | CONSTITUTIONAL LAW AND ECONOMIC FREEDOMS