Ateneo - UPO

State, people, citizenship; General theory of sources; sources of law in the Italian, international and EU perspective; consitituional organization; rigts of freedom and constitutional duties; organizzazione costituzionale; the "economic Constituition in the context of the relations between State and market.

M. Cavino, L. Conte, Istituzioni di diritto pubblico, Maggioli, 2023 (online update appendix) D. Lajolo, Il Voltagabbana, Rizzoli, 2005, available for download in pdf format: https://www.davidelajolo.it/pubblicazioni.php?id=31

Foster learning of the fundamental elements of Italian Constitutional Law

Good knowledge of the history of Italy, particularly regarding the transitional phase 1945-1947.

Face-to face lessons

IT'S IMPORTANT TO KNOW THAT: Starting from 1st January 2023 the exams, according to art. 35 of the Regolamento di Ateneo the student is allowed to appear at the roll call no more than three times (it is the same for insufficient, absent or withdrawn). Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

Oral examination. The oral examination has the dual purpose of verifying the level of knowledge and understanding of the course content and of evaluating one's own judgment, learning ability, and communication skills

CONSTITUTIONAL ORGANIZATION 1. The concept of State and the historical evolution of the forms of State. 2. Forms of State regarding the territorial organization. 3. The forms of governement. The Italian form of government. 4. The citizenship and the people. Right to vote and electoral systems. 5. The Parliament. Structure and status of the members of Parliament. 6. The Parliament. Functions. The State budget. 7. The Head of the State. 8. The Government. Process of formation and structure. 9. The Government. Political guidance, relations with Parliement and with the President of the Republic. 10. Jurisdiction and magistrature. Due process. 11. The regional State of the autonomies. Bodies of the regions and the regional form of government. 12. The local autonomies system. 13. EU integration process. EU governing bodies. 14. The ascending phase. SOURCES OF LAW 15. Sources of law system. 16. Gaps and analogies. Resolution crieria. 17. Constitutional sources. Law. 18. The Govenment's legal force. 19. Abrogative referendum. 20. Regional Law 21. Collective labour agreement. 22. Regulatory power. Ordinance power. 23. EU sources of law. 24. Constituitional theory of liberty. Rights and duties. 25. The negative liberties. Art. 13 – 17. 26. The negative liberties. Art. 18 – 21. 27. The positive liberties. Education, health. CONSTITUTIONAL JUSTICE 28. The concept of constitutional justice (also in the comparative perspective). The Italian Constitutional Court. 29. The incidental control of constitutionality. 30. The “in via principale” judgement. 31. The judgement between branches of State 32. The judgement of admissibility of the referendum. The judgement on the responsibility of the President of the Republic. READINGS 33. Reading the principles judgements abiut end.of.the life questions. 34. Reading Dobbs vs. Jackson. INSIGTHS ON REGIONAL LAW 35. The financial and administrative autonomy of the Regions. 36. The differentiated regionalism. 37. The LAC (Local Autonomies Council) CAL; the statutory guarantee bodies. 38. The connection between State and Regions; the conference system. 39. The Regions in the sovranational and international perspective. SEMINAR 40. Attending a Constitutionl Law seminar. GENDER MAINSTREAMING In the discussion of the programme, particular attention is dedicated to gender mainstreaming. Reflection works in a transversal way: gender mainstreaming will be taken into consideration with regards to equality principle (formal and supportive); political participation rights; choices concerning the body; equality, merit and well-being in the field of employment, education and pay.

Knowledge about essential elements of Italian Consititutional Law. Development of critical perspective.