Learning outcomes of the course unit
THE COURSE WILL PROVIDE FOR THE THEORETICAL, CONCEPTUAL AND METHOLOGICAL TOOLS TO ANALYZE THE ITALIAN REGIONALISM AND THE ROLE PLAYED BY REGIONS AND LOCAL GOVERNMENTS IN THE PROTECTION OF FUNDAMENTAL RIGHTS. THE AIM OF THE COURSE IS A DEPTH EXAMINATION OF SPECIFIC TOPICS REGARDING THE ORGANIZATION AND FUNCTIONS OF TERRITORIAL AUTONOMIES, 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 division of functions between State and Regions through the analysis of the constitutional court case law, with particular reference to the protection of fundamental rights and 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 is organized in two parts. The first part intends to provide for the trends of the current organizational and functional structure of the Regions and local governments, of their mutual relations and of those with the State. In this part of the course the following topics will be covered: the notions of federalism and regionalism; the history of regionalism in Italy, up to the reform of Title V of the Constitution introduced by the law No. 3 of 2001; the regional statutes (art. 123 Cost.); the regional government; the division of legislative powers in light of the reform of Title V Cost.; the principles of subsidiarity, adequacy and differentiation as criteria for the division of administrative competences between State, Regions and Local governments; fiscal federalism; Regions, Europe and international law. The second part of the course will concern the role played by Regions and local governments in the effective guarantee of fundamental rights also through practical cases studies, with particular attention to social rights.
For the general part:
- B. Caravita, F. Fabrizzi, A. Sterpa, Lineamenti di diritto costituzionale delle regioni e degli enti locali, Torino, Giappichelli, 2019 (except for chapter 3 and chapter 6).
For the special part teaching material will be uploaded on Elly during the course. To download this material, online registration is required.
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. During the course 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.