This course explains the reasons for which the Constitution has founded two categories of Regions (ordinary statute Regions and special statute Regions) and their contribution to the realization of the Social State, within the choices of the Nation and the European Union.
Attending students (with at least 20 presences of the total lectures) can prepare the exam on the lecture notes and the material provided during the course through the Moodle Platform.
Non-attending students can study one of the following textbooks:
- P. CARETTI, G. TARLI BARBIERI, Diritto regionale, Giappichelli, latest edition;
- T. MARTINES, A. RUGGERI, C. SALAZAR, Lineamenti di diritto regionale, Giuffré, latest edition;
- another textbook agreed with the teacher.
Non-attending students shall also deepen the study of ten judicial decisions of the Constitutional Court to be agreed with the teacher.
Learning Objectives
KNOWLEDGES:
This course introduces the students to the reasons of the creation of a Regional Government with a focus on the discussion in Constituent Assembly and emphasizing the taken features after the modifications of the Constitution and the construction of the Constitutional Court, that pays more attention to the repercussions of the European order on the role of the Regions.
CAPACITY:
This course gives the students the necessary capacity about the determination, the selection and the utilization of the sources of law (European law, State law, Regional law, Local law, etc.), as well as the autonomous capacity of reading and interpretation of the judicial decisions of the Constitutional Court, to the light of the present discipline and the legal literature.
SKILLS:
This course explains to the students the increasing space and the weight of the regional policies (in the sectors of economy, social policy, culture, environment, etc.) on the daily life and not only. So the students will be able to appraise the balancing necessity between the unitarity reasons and the differentiation reasons, acquiring a greater sensibility for living law in the different Regions.
Prerequisites
Constitutional Law (general) and Private Law I shall be already taken.
Teaching Methods
Total lectures: 48 hours.
Class teaching: 36 hours.
Exercise sessions/supplementary activity: 12 hours. Some practical cases will be examined during exercise sessions and supplementary activity, so that the students can apply the learned rudiments, as well as they can read the decisions of the Constitutional Court.
Further information
In order to attend the course, students shall subscribe to the Moodle Platform by the end of September. The attendance of the students will be verified through a nominal appeal.
Type of Assessment
Mid-term evaluations: the participation to the discussions during class lectures and exercise sessions/supplementary activity will be evaluated positively in the final examination, as well as the positive result of small reports aimed at verifying the level of learning, practicing with the writen tests and evaluating the independent ability to read and interpret the judicial decisions of the Constitutional Court.
The final exam is in oral form and is aimed at ascertaining the level of knowledge of the Italian regional state. The interview of attending students will be on two topics not addressed in the written test. The interview of non-attending students will be on three questions: two questions on topic taken from the textbook and one on the jurisprudence agreed with the teacher.
Course program
Centralized Government and Unitary State with a territorial articulation;
the implementation of the Regions;
the regional normative power;
the regional system of government and the electoral legislation;
the regional administrative autonomy, with a special reference to the subsidiarity principle;
the financial autonomy;
the relations of the Regions with the European Union, the central government, the local governments, the other States and the civil society.