The course aims to provide Law students with the main tools to understand Constitutional justice and the constitutional proceedings, analyzing both procedures and case law, referring in particular to the different ways to activate the Constitutional Court in the judicial review of legislation and to the Court’s other functions. Moreover, the relation between Italian constitutional court and European courts will be analyzed. 

The semester-long course will be organized in two parts:

First part – general
The general part aims to provide students the main skills and ability to fully understand the matter of Costitutional justice. Here the main topics:

• History and definition of Constitutional justice
• Organization and structure of the Italian Constitutional court
• General features and phases of constitutional proceedings.
• The judicial review of legislation – “procedimento in via incidentale”: objects, parts, rules, categories of standards and decisions.
• The judicial review of legislation: - “procedimento in via principale”: objects, parts, rules, categories of standards and decisions.
• The conflicts of powers: a) conflicts between State powers; b) conflicts between State and Regions and between Regions.
• Further Courts’ attributions: the decisions on referendum 
• Further Courts’ attributions: the decisions on presidential crimes
• Relations between Italian Constitutional Court and European Courts

Second part – special
Lecturer will present, explain, analyze and comment the main decisions of the Constitutional court, with reference both to substantive issues (for example fundamental rights, budgetary issues, State-Regions issues) and procedural aspects (the different ways to activate the Court and the effects of Court’s decisions). The Special part aims to enable students to focus on specific topic and eventually draft a paper concerning their own individual in-depth analysis. Therefore, the second part will be characterized also for a more active involvement of attending students in lectures.

Constitutional Law.

Learning achievements of the course are the following: 

A) Knowledge and understanding: Students must demonstrate to get a full knowledge and understanding of the main tools and institutions of Constitutional justice. Students will acquire the fundamental notions in order to understand the functioning of judicial review of legislation and other Constitutional court’s functions, along with the comprehension of the main types of Court’s decision and their effects. Students will also develop research skills in investigating case law and in understanding legislation and normative framework. This not only in the study the judicial review of legislation but also in the analysis of the other functions of the Constitutional court (conflicts between powers, decisions on referendum and presidential crimes).

B) Applying knowledge and understanding: Students will show the ability to apply their acquired knowledge and competence in the search for possible solutions to problems related to Constitutional justice topics, through the analysis of Constitutional court’s decisions and even in a multidisciplinary approach.

C) Making judgements: Students must exhibit the ability to combine acquired knowledge with the handling of complex case-studies. They have to exhibit appropriate skills in analyzing and interpreting case law – also through research in data bases - and in formulating autonomous and aware judgements, whereas showing to be acquainted with social responsibilities which may arise from such judgments and learning (also in a future working context). 

D) Communication skills: Students are requested to demonstrate they know how to clearly communicate their own opinions and conclusions in debates. In such debates – which can rise during lectures, seminars or working classes – students will discuss proposals and logically argue them in an appropriate way, both with the lecturer and other students.

E) Learning skills: Students are requested to show they have developed appropriate learning abilities both in jurisprudential, normative and bibliographical research and in the analysis of the main phases of Judicial review of legislation and other Constitutional courts’ functions. Having gained such abilities and comptences, students will be able to continue their study in a quite autonomous way. 

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Special meetings will be organized in order to support students also in singling out their own individual in-depth analysis on case law.  Teaching material made available by the lecturer can be found  inside the Moodle platform › blended.uniurb.it  Professor may suggest more material during class. For case law, the following web sites are suggested:
www.cortecostituzionale.it
www.giurcost.org
 

Teaching

General part: lectures
Special part: lectures, seminars, conferences held also by other Foreign and Italian scholars and experts.
Exercises will be held on case law.
 

Attendance

Attendance is not mandatory.

Course books

Attending students
General part
The study of the following texts is mandatory (only referring to the highlighted chapters):
 
1) A. BARBERA - C. FUSARO, Corso di diritto costituzionale, Il Mulino, Bologna, 2014, cap. XVII “La giustizia costituzionale”;
 
2) L. CALIFANO - M. RUBECHI, Guida ragionata alla Costituzione italiana, Maggioli, Rimini, 2013:
- Itinerario di comprensione n. 11 - Titolo VI, Garanzie costituzionali;
- Focus di comparazione n. 1 – Diritti e tutela multilivello;
- Focus di comparazione n. 5 - Modelli di giustizia costituzionale.
 
3) R. ROMBOLI – E. ROSSI, Giudizio di legittimità costituzionale delle leggi, in Enciclopedia del diritto, Giuffrè, (agg. V, 2001):
- parts: 2-15; 19-32; 37.
 
4) During class, professor will communicate further bibliography, in order to cover the relations between Italian Constitutional Court and European Courts

Special part
Lecturer will present, explain, analyze and comment the main decisions of the Constitutional court, with reference both to substantive issues (for example fundamental rights, budgetary issues, State-Regions issues) and procedural aspects (the different ways to activate the Court and the effects of Court’s decisions). For case law, the following web sites are suggested:
www.cortecostituzionale.it
www.giurcost.org

Assessment

At the end of the course, to verify accomplishment, students will take an oral exam. Professor has chosen such method of assessment, considering that it is more appropriate to get a complete overview of students’ accomplishment in Constitutional justice. Oral exam aims to verify students’ communicative and expressive skills, as well as their successful acquisition of correct legal lexicon, especially referring to procedural aspects of Judicial review of legislation and other Constitutional courts’ procedures and activities. Beside the oral exam, attending students will draft a paper concerning their own individual in-depth analysis formerly agreed and formulated with the professor in the special part of the course. The paper will concur in some way to final grade. Drafting the paper, students will demonstrate their research skills and their abilities in synthesizing research’s outcomes, applying an appropriate legal lexicon in Constitutional justice and showing competence in critical analysis.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

Teaching material made available by the lecturer can be found, together with other supporting activities, inside the Moodle platform › blended.uniurb.it  

For case law, the following web sites are suggested:
www.cortecostituzionale.it
www.giurcost.org

For non-attending students: for any further information or questions, please feel free to contact any time the lecturer through her institutional email address valentina.fiorillo@uniurb.it or during the above mentioned office hours.

Attendance

Attendance is not mandatory.

Course books

Non-attending students:

• General part: attending students’ programme (please, see above)
• For the special part, non-attending students have to contact the lecturer right after the beginning of lessons. Contact the lecturer through her institutional email address (valentina.fiorillo@uniurb.it) or during the above mentioned office hours. 

Assessment

At the end of the course, to verify accomplishment, non-attending students will take an oral exam. Professor has chosen such method of assessment, considering that it is more appropriate to get a complete overview of students’ accomplishment in Constitutional justice. Oral exam aims to verify students’ communicative and expressive skills, as well as their successful acquisition of correct legal lexicon.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Students can request to take final exam in English, French or Spanish. Please, feel free to contact the professor for this request.