CONSTITUTIONAL LAW II

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Versione italiana
Academic year
2022/2023
Teacher
PAOLO VERONESI
Credits
6
Didactic period
Secondo Semestre
SSD
IUS/08

Training objectives

The course (for non-attendants) aims to deepen the knowledge of the constitutional and legislative discipline of fundamental rights as well as the ways in which it is possible to operate their constitutional protection mechanisms. The same objectives are also of interest to participants. For the latter, what will be more fully explained in the following sections is valid and consists - in essence - of a highly practical approach to the issues outlined above. This will be done through the frequent analysis of exemplary cases and judgements that have marked fundamental moments in the work of the Constitutional Court from its establishment (1956) to the present day.
The main knowledge acquired. For frequent and non-attendants: detailed knowledge of the positive and constitutional discipline of the individual fundamental rights and the most important jurisprudential arrests on the subject; how constitutional case law on fundamental rights is read and analysed; knowledge of developments in constitutional case law on fundamental rights. Analysis of practical cases also drawn from ordinary jurisdiction.

The main skills. For frequent and non-attendants: understanding and relevant use of technical-legal terminology of a constitutional nature in matters of rights. Ability to critically analyse sources and constitutional and ordinary jurisprudence in matters of fundamental rights; mastery of the legal-constitutional method as a parameter for verifying the legitimacy of the sources produced in matters of fundamental rights.

Prerequisites

Knowledge of the Italian language and its grammar is required. It has to be also necessary the Ability of logical and legal reasoning. It is also necessary to have Practical Skills in the interpretation of texts. Students must also have the knowledge of the general principles, and also of the fundamental institutions of the Italian Constitutional Law and of the Italian Private Law (these are propaedeutic exams).

Course programme

The first part of the course will be (in brief) dedicated to the study of the general mechanisms of the legal protection of rights (8 hours).
In the second part of the course, instead, several case studies on the constitutional topic will be reviewed and will be discussed. Throughout this study we will proceed to the direct knowledge of the constitutional justice topic (32 hours). We will also be studying Arrangements on how you can raise issues of constitutionality, mainly in order to protect fundamental rights.
In the examination of case law emphasis will be placed upon the use of normative reference materials and previous judicial decisions also with the support of information retrieval systems. In other words, part of the course will be dedicated to enhance the searching methods on the jurisprudential and normative sources databases.

Didactic methods

In the lectures, the disciplines of the individual fundamental rights provided for or interpreted by the Constitution will be explained in detail. In the course of the lectures, numerous rulings (including non-constitutional ones) will also be read and discussed and practical cases considered essential will be analysed, as well as the legal arguments and decisional instruments used by the Court for their solution. To this end, IT resources will be used to enable all students to use the relevant materials in the classroom. In general, each lesson will include a part of frontal explanation and a part of analysis of the materials (in which the active participation of the students in the discussion will be encouraged).
Due to the emergency caused by the COVID-19 pandemic, classes will be held in attendance up to capacity. They will also be streamed live on Google Meet: https://meet.google.com/xfm-htxu-sza.
The EIDUCO platform will also be used. For the latter, the student's login is: https//ufe.eiduco.com, while the Course Registration Code is: JUJ96TVF.

Learning assessment procedures

The examination consists of an oral test. Within the latter, a dialogue with the students will take place and a thorough and critical understanding of the institutions covered by the programme will be verified.
For the preparation of the exam, it is essential to start with an analysis of the regulatory sources governing the subject of study. During the Course, the various sections of the subject will also be illustrated through the use of decisions of the Constitutional Court: these decisions - easily and free of charge available at www.giurcost.org or at www.cortecostituzionale.it - will be indicated from time to time by the Lecturer. For those who do not attend the rulings or the jurisprudential guidelines to know are those highlighted in the manual.
The student will normally be asked two questions, from which he or she will move on to a broader discussion: the final grade will be the average of the votes assigned to each question asked to the candidate.
The topics of the questions will be taken from the texts reported under "Reference texts".

Reference texts

Suggested readings for students not attending the course:
1) R. BIN – G. PITRUZZELLA, Diritto costituzionale, Giappichelli. Torino, latest edition, chapters XII e XIII (Diritti e libertà), specially the paragraphs 1, 2, 3, 4 and 5.
2) P. CARETTI, I diritti fondamentali. Libertà e diritti sociali, Giappichelli, Torino, latest edition. All of the manual must be studied; the only parts not to study are chapters 12 and 13.
3) It is necessary to purchase an updated collection of one of this texts on public law. For example: M. BASSANI - V. ITALY - G. LOOT - M. TOWER - G. RUGGERI - ZUCCHETTI A. (a cura di), Leggi fondamentali del diritto pubblico e costituzionale, Giuffre, Milano, latest edition, or P. COSTANZO, Testi normativi per lo studio del diritto costituzionale italiano ed europeo, Giappichelli, Torino, latest edition.

Suggested readings for students attending the course:
1) R. BIN – G. PITRUZZELLA, Diritto costituzionale, Giappichelli. Torino, latest edition, chapter XII e XIII (Diritti e libertà), specially the paragraphs 1, 2, 3, 4 and 5 .
2) During the lessons will be discussed various pronunciations of the Constitutional Court (and also some of other judges) as to promote a practical approach to the constitutional topic. This will be made mainly throughout the analysis of case studies. The exam, for those students attending the course, will focus therefore - in addition to the texts mentioned above - even on the materials of the jurisprudence analyzed during the class and on the notes taken by the student.
3) It is necessary to purchase an updated collection of one of this texts on public law. For example: M. BASSANI - V. ITALY - G. LOOT - M. TOWER - G. RUGGERI - ZUCCHETTI A. (a cura di), Leggi fondamentali del diritto pubblico e costituzionale, Giuffre, Milano, latest edition, or P. COSTANZO, Testi normativi per lo studio del diritto costituzionale italiano ed europeo, Giappichelli, Torino, latest edition.