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 of the main problem of the public law as well as to indicate the basic methodological approach for the understanding and the study of the social security legislation.
At the end of the course, the students will achieve:
- the knowledge of the categories of the public law and of laws about the social services;
- the ability to understand and comment aws and judgments concerning the topics of the course;
- communication skills with appropriate legal Language
- the ability to apply the acquired knowledges to specific case studies.
Attendance of the class in required.
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; the origins and of the development of the italian and european constitutionalism and 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, its evolution and its Institutions, 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 legal sources (Constitution, law, government regulation, the regional legislation and regulation; 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 fundamental rights, with a particular attention to social rights and focusing 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 regard the social security legislation. Specifically, it will concern 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 subsidiarity). It will be also analyzed some areas of public intervention and the normative aspects and the case-law relating to the organization and the functioning of the italian social services.
- BARBERA, C. FUSARO, Corso di diritto pubblico, Bologna, Il Mulino, last ed.
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.
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 topic of social rights and, for each seminar, students will be given the related didactic materials (courts decisions, law and papers).
Assessment methods and criteria
The final oral examination will concern the entire program of public law.
The communicative skills will assessed through the evaluatation of the student's ability to provide the exhaustive legal arguments, to use the appropriate legal language and to explain the meaning of the fundamental notions of the public law.