Learning outcomes of the course unit
THE COURSE WILL PROVIDE 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. At the end of the course students are expected to have acquired these Skills and abilities: - knowledge of the main models of federalism and regionalism - 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. - ability to analyze and critically evaluate the national legislation regarding territorial autonomies; ability to discuss with appropriate terminology the main aspects of Italian regionalism, such as regional organization, the powers of regions, the relationship with the State and local authorities; - 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.
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 first part of the course will take place mainly through teacher-fronted lessons, favoring the dialogue and the interaction with the students. The second part of the course will take place with actively participation of the students, through group work concerning text analysis and text production about case study assignment. As part of the program, seminars on particularly relevant issues will be organized, also with scholars of other universities. Every week teaching materials (laws, judgments, doctrine essays) will be loaded on Elly. To download this material, online registration is required.
Assessment methods and criteria
The final evaluation (vote on thirty) takes the form of an oral examination with at least three questions, with reference to the suggested readings. Students will be required to demonstrate that they have acquired (a) knowledge of the fundamental categories concerning 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; (c) the ability to explain the main notions of the italian regional law and to understand the interactions among the different parts of the program; (d) the ability to use an appropriate legal language and to explain the fundamental notions of the regional law. The sufficient threshold is considered to be achieved when the student has demonstrated knowledge and understanding of the institutes of the program and is able to implement the correct interactions among the various parts of the program. If this is not achieved, the exam will be considered inadequate.
Only students attending the class may take the final exam through a written test according to the procedures that will be communicated during the lectures. This test will be held at the end of the teaching period.
If the outcome of the written test is negative or not satisfactory for the student, it is necessary to take the oral exam on the same program for the written test.