Course teached as: A000835 - DIRITTO PUBBLICO AVANZATO 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
Knowledge of some of the main issues that run through Public Law, with special reference to Globalization, National Sovereignty, the role of the State and the Rule of Law. Special attention will be given to the latest restructuring processes of the law-dimension.
For students attending the course:
• G. Berti, Le antinomie del diritto pubblico, in “Diritto pubblico”, 1996, n. 2, pp. 273-291.
Notes taken by each student attending the course (the notes’ aptness shall be checked over by the teaching staff. If the notes are found to be inapt, the student attending the course will have to do the same reading as those who do not attend the course: see below)
For students not attending the course:
• G. Berti, Le antinomie del diritto pubblico, in “Diritto pubblico”, 1996, n. 2, pp. 273-291.
• S. Cassese, Il diritto globale. Giustizia e democrazia, oltre lo Stato, Einaudi, Torino, 2009, pp. 3-167.
• F. Merusi, Sentieri interrotti della legalità, il Mulino, Bologna 2007, pp. 9-138.
Learning Objectives
Understanding
Understanding of several of the problematic issue that run through Public Law. The course includes several mandatory lessons which explain the historical context that has so conditioned many of the institutes and categories of contemporary Public Law.The key words of these first lessons will be in the ordin of: 1) Globalization; 2) Sovereignty; 3) State; 4) Subsidiarity; 5) Public service; 6) Privatization; 7) The public dimension and Social Parties’ autonomy sources. The second part of the course will focus on the problematic principles around today configuration of the rule of law principle.
Skills
Special attention shall be devoted the transformation processes of contemporary legal orders in the age of multiple “globalizations”. Ability to place traditional Public Law institutes within the framework of present day legal development . A new critical approach of some of the main institutes of Pubblic Law. Ability to focus on the main issues that invest the fundamental principle of the Rule of Law.
Competences
A sensitive understanding of the dynamics which run through the contemporary legal systems; awareness of the changes going on in the process of structuring the legal system; a new look at some of the more important legal institutes of Public Law; problematic profiles of the current dimension of the Rule of Law.
Prerequisites
In order to sit the exams students need to have passed Diritto costituzionale generale, Diritto privato I and, on an eligible basis, Diritto amministrativo is appreciated.
Teaching Methods
Classroom teaching: 48 hours (to be divided into lessons and workshops according to the number of attending students).
Type of Assessment
Periodically throughout the course there will be lessons dedicated to revision in order to check on the students progress and extra explanations will be offered on the basis of questions put forward by the class. During the workshops students will be asked to discuss a synthetic written essay on a subject previously agreed upon with the teacher.
Exams: oral exam based on the above mentioned.
Course program
The course will revolve around the following subjects (all the subjects in questions are connected the principal theme, that is the changes, the tensions, the inconsistencies to which significant aspect of Public Law are being exposed. The principles themes focus on in the course, and listed below, will therefore be of this approach):
The various processes of globalization and the influence on the principle of sovereignty;
The evolution of the State in contemporary society;
The role of private law in the working of public administration;
Problematic aspects of the Rule of Law.