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, Rimini, Maggioli, 2023 (IV ed.)

Educational objectives:
The course aims to provide students with fundamental knowledge of public law, with particular emphasis on the constitutional principles governing the organization of the state, the functioning of institutions, and the relationship between public authorities and citizens.

Upon completion of the course, students will have acquired knowledge of the main institutions of constitutional and public law, the sources of law, the organization of state powers, the system of territorial autonomy, Italy's participation in the European integration process, and the principles governing public administration, economic governance, labor, business, and the market.

The course also aims to develop the ability to interpret and correctly use legal language, understand and critically analyze key constitutional and legislative provisions, and apply the acquired knowledge to the analysis of legal issues of public interest, including in relation to the economic and institutional aspects that characterize business activity and the functioning of markets.


All CFU are structured in delivered teaching-face-to-face lectures(DE)

Knowledge of the Italian language

Frontal teaching and active teaching

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.

Exam Description and Procedure: The learning assessment consists of a written paper-based exam, consisting of a 40-minute multiple-choice test consisting of 16 questions, designed to assess the student's knowledge of the entire course. Each question has three answer options, one correct and two incorrect. There are no intermediate tests or prerequisite exams.

Assessment and Grading Criteria: Each correct answer earns 2 points, while each incorrect or unanswered answer earns 0 points. There is no penalty for incorrect or blank questions.
The correspondence between the level of knowledge achieved and the final grade is defined by score bands. A passing grade of 18 out of 30 is achieved with 9 correct questions and demonstrates essential knowledge of the basic concepts. The score increases proportionally by two points for each correct answer above a passing grade, progressively delineating the level of mastery of the subject: 10 correct answers correspond to a 20 out of 30, 11 to a 22 out of 30, and 12 to a 24 out of 30, demonstrating a reasonable level of knowledge and a good understanding of the subjects. With 13 correct answers, a score of 26 out of 30 is achieved, and with 14 correct answers, a score of 28 out of 30 is achieved, demonstrating thorough preparation. A score of 30 out of 30 is achieved with 15 correct answers, indicating complete and excellent knowledge. The highest level of excellence, 30 cum laude, is achieved by correctly answering all 16 questions in the exam, for a total of 32 points.

Consistency with Educational Objectives and Teaching Materials
The exam structure is consistent with the expected learning outcomes. Students must demonstrate an understanding of the structure of state powers, the system of legal sources, and the protection of fundamental rights. To prepare for the exam, it is essential to combine the study of the indicated textbook with direct consultation of the text of the Italian Constitution.

CONSTITUTIONAL ORGANIZATION: The concept of the state and the historical evolution of state forms; State forms in relation to territorial organization; Forms of government. The Italian parliamentary form of government; Citizenship and the people. The right to vote and the electoral system; Parliament. Structure and status of parliamentarians. Parliament. Its functions. The state budget; The Head of State; The Government. Formation process and structure; The Government. Political direction, relations with Parliament and the President of the Republic; Jurisdiction and the judiciary. Due process; The regional state of autonomous regions. Regional bodies and the regional form of government; The system of local autonomous regions; The process of European integration. The governing bodies of the European Union; Economic governance.
SOURCES OF LAW: The system of sources of law. Legal system and system of sources; Gaps and analogy. Criteria for resolving contradictions; Constitutional sources; The law; Government acts having the force of law; The abrogative referendum; Regional laws; Collective labor agreements; Regulatory power. The power of ordinance; The sources of EU law.
RIGHTS OF FREEDOM: The constitutional theory of freedoms. Rights and duties; Negative and positive freedoms.
CONSTITUTIONAL JUSTICE: The Constitutional Court.
GENDER INTEGRATION: In the program, particular attention is paid to the gender dimension. This topic will be considered across the board: it will be considered with reference to: the principle of formal and substantive equality; the rights of political participation; decisions regarding one's body; equality, merit, and individual well-being in the fields of work, education, and pay.

General skills: Knowledge of the fundamentals of the general theory of the sources of law and interpretation; Knowledge of the system of sources of law of the Italian and international legal systems; Ability to solve some basic problems related to the relationship between the sources of law, conflicts and the techniques of resolution; Knowledge of the Constitutional organization of the Italian Republic; Specific and Transversal skills: Learning and proper use of basic techniques of legal reasoning to solve problems; Knowledge and use of proper legal terminology; Ability to analyze legal sources, doctrinal and jurisprudential materials related to public law.