Learning outcomes of the course unit
THE COURSE PROVIDES THE THEORETICAL, CONCEPTUAL AND METHOLOGICAL TOOLS TO ANALYZE THE ITALIAN REGIONALISM. THE AIM OF THE COURSE IS A DEPTH EXAMINATION OF SPECIFIC TOPICS REGARDING THE ORGANIZATION AND FUNCTIONING OF TERRITORIAL AUTONOMIES, ALSO IN PERSPECTIVE OF THE SOCIAL SERVICES DIMENSION.
Skills and abilities acquired at the end of the course:
- The knowledge of the main models of federalism and regionalism
- A comprehensive background of the distribution of functions between State and Regions through the analysis of the constitutional court case law, with particular reference to the integrated system of social services.
- the ability to analyse and critically evaluate the national legislation regarding territorial autonomies; ability to develop a critical analysis of the case law of the Constitutional Court concerning the relationship between State and Regions.
Course contents summary
THE COURSE AIMS TO DESCRIBE THE TRENDS OF THE CURRENT PROCESS OF INSTITUTIONAL REFORM REGARDING THE ORGANIZATION AND THE FUNCTIONS OF REGIONS AND LOCAL GOVERNMENTS, THEIR MUTUAL RELATIONS AND THEIR RELATIONSHIP WITH THE STATE. THE FIRST SECTION OF THE COURSE WILL PROVIDE A COMPREHENSIVE BACKGROUND REGARDING: REGIONALISM DEVELOPMENT IN ITALY UP TO THE REFORM OF CHAPTER V OF THE CONSTITUTION INTRODUCED BY THE CONSTITUTIONAL LAW 3/2001; THE CONCEPT OF FEDERALISM AND REGIONALISM. THE MAIN TOPICS COVERED IN THE SECOND SECTION ARE: - REGIONAL STATUTES (ART. 123 CONST.); THE NATURE OF REGIONAL GOVERNMENT AND THE NEW DIVISION OF LEGISLATIVE FUNCTIONS BETWEEN STATE AND REGIONS IN THE CHAPTER V OF THE CONSTITUTION; THE SUBSIDIARITY AS A METHOD OF ALLOCATION OF ADMINISTRATIVE FUNCTIONS AMONG STATE, REGIONS AND LOCAL GOVERNMENTS; FISCAL FEDERALISM; REGIONS, EUROPE AND INTERNATIONAL LAW.
T. MARTINES, A. RUGGERI, C. SALAZAR, Lineamenti di diritto regionale, Milano, Giuffré, last edition
S. BARTOLE, R. BIN, G. FALCON, R. TOSI, Diritto regionale. Dopo le riforme, Bologna, Il Mulino, last edition
A. D'ATENA, Diritto regionale, Torino, Giappichelli, last edition
The course will take place mainly through frontal lessons. As art of the program, seminars on particularly relevant issues will be organised, also with scholars of other universities.
Assessment methods and criteria
Oral examination. Students will be required to demonstrate that they have acquired (a) knowledge of the fundamental categories concernig theories on federal and regional states; (b) ability to critical analysis of law and case law that have characterized the development of the italian regionalism.