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, inside european and national policies.
The students can study one of the following texts:
- A. D'ATENA, Diritto regionale, Giappichelli, 2010;
- P. CARETTI, G. TARLI BARBIERI, Diritto regionale, Giappichelli, 2012;
- T. MARTINES, A. RUGGERI, C. SALAZAR, Lineamenti di diritto regionale, Giuffré, 2012.
The program includes the study of 10 judicial decisions of the Constitutional Court: these decisions will be pointed out to the beginning of the course.
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
The students must have overcome Constitutional Law (general), Private Law I, Administrative Law.
Teaching Methods
Total lectures: 40 hours.
Class teaching: 20 hours.
Exercise sessions/supplementary activity: 20 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.
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 to appraise the learning level and to practise the students with written tests.
Final examination: oral.
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 and the other States