INSTITUTES OF PUBLIC LAW AND SOCIAL LEGISLATION
Learning outcomes of the course unit
The aim of the course is to provide students with a general overview of the basic knowledge of the fundamental elements and the main problem of the public law as well as to indicate the basic methodological approach for the understanding and the study of the same matter and, particularly, of the social security legislation.
At the end of the course, the students must achieve:
- the knowledge and understanding of the categories of the public law and of the laws about the social services;
- the understanding and the making judgements abilities, that means to understand and comment the laws and the decisions related to the topics studied during the course;
- the applying knowlwdges and the understanding ability as well as the communication skills, that means to apply the acquired knowledges to the concrete cases and to support each thesis with with appropriate juridical language and arguments.
The students have to pass a suitability test (a writte test) about the social security legislation before to take the exam in public law.
Course contents summary
The course is organized into five parts.
The first part of the course will be dedicated to the basic knowledges of the juridical phenomenology (law, legal system and legal provision); to the analysis of the lineaments of the State theory (the concept of State and its constituent elements; the forms of State and forms of Government); to the study of the origins and of the development of the italian and european constitutionalism and also to the study of the notion of the Constitution and of its hallmarks and of the more important events of the italian constitutional history.
The second part of the course will concern, specifically, the italian constitutional system. It will be analyzed the italian form of government and its evolution and each Constitutional Institution, the Regions and the other local governments, the constitutional principles about the jurisdiction and the role of the Italian Republic in the international and european legal system.
The third part of the course will concern the study of the law sources (Constitution, primary and secondary sources, the system of the regional sources; the relationship between the European Union and the italian legal system; the peculiarities of the human rights treaties in the italian legal order).
The fourth part of the course will be dedicated to the study of the fundamental rights. Object of analysis will be the social rights: we will study some recent case-law, as well as the role played by the State, by the Regions and by the other local governments in ensuring their effectiveness.
The last part of the course will be about the social security legislation. Specifically, it will concerns the study the constitutional ‘right to social assistance’, the notion of the essential levels of services concerning the social rights and the principle of subsidiarity (vertical and horizontal subsidiary). It will be also analyzed some areas of public intervention and the normative aspects and the case-law relating to the operation and the organization of the italian social services.
- BARBERA, C. FUSARO, Corso di diritto pubblico, Bologna, Il Mulino, last ed.
- R. BIN, G. PITRUZZELLA, D. DONATI, Lineamenti di diritto pubblico per i servizi sociali, Torino, Giappichelli, 2014.
Students need a good knowledge of the legislation. It is recommended: M. BASSANI, V. ITALIA, C.E. TRAVERSO, Leggi fondamentali dell’ordinamento costituzionale italiano, Giuffrè, Milano, ult. ed.
For the part of the course dedicated to the social security legislation, during the lessons didactic materials about this topic will be distributed.
The course will consist of frontal lessons and seminars in which the most controversial aspects of each category of public law will be analyzed. Some seminars will be dedicated to the study of some social rights and, for each seminar, the professor will give to the studentes the related didactic materials (decisions, law text and issues).
Assessment methods and criteria
The exam consists of a written and an oral test.
The written test shall concern the social security lagislation. The knowledge and understanding abilities will be assessed through some open questions that require short answers and that are aimed to verify the actual knowledge of this specific topic .
Only the students that will pass this written test could take the oral exam which will concern the entire program of the public law.
During the oral exam, the knowledge and understanding abilities will be assessed through at least two questions to verify the knowledge of the matters of the course.
The applying knowlwdges and the making judgements abilities will be assessed through the discussion of the topics analyzed during the seminars.
The communicative skills will assessed through the evaluatation of the student's ability to provide the exhaustive juridical arguments, to use the appropriate juridical language and to clarify the meaning of some public law concepts.
Finally, the learning skills will be assessed through the transversal evaluation of the answers to the questions as a whole.