Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


CONSTITUTIONAL LAW mutuato
DIRITTO COSTITUZIONALE

A.Y. Credits
2018/2019 9
Lecturer Email Office hours for students
Massimo Rubechi
Teaching in foreign languages
Course with optional materials in a foreign language English French Spanish
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language.

Assigned to the Degree Course

Law Degree for Labour Consultancy and Safety at Work (L-14)
Curriculum: Percorso comune
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The Constitutional law course in the Law degree for “Labour Consultancy and Safety at work” aims to provide students with critical knowledge of constitutional law, as well as with the essential tools to understand the whole State structure, with a special focus on: the Constitutional organization of the State and the relations between the several Constitutional bodies; fundamental rights; freedoms both in their national, European and international dimension; judicial review of legislation and the role of the Constitutional court. During the course a special focus will be dedicated to the sources of law. The knowledge of this topic is preliminary to a right and full understanding of the main subject students will approach during their entire university law degree. The  course’s method combines a theoretical teaching ad a more practical approach, especially through the study of handbooks and main legislation as well as the analysis of case law and the analysis of several topics during seminars, with a particular focus on institutional reforms in Italy in a European and international perspective.

Program

The course takes place in one semester.

- Constitutional law and juridical order

- State structure and other juridical orders.

- International order.

- European Union order: the EU institutions and their relations with the Italian State.

- The sources of law.

- Introduction to the study of sources of law: classification characteristics.

- The sources of law system: principles and ordering criteria.

- The integration of sources of law system: national and supranational sources, regional and local sources.

- Analysis of the main types: Constitution and Constitutional laws; primary sources; secondary sources, regulative facts.

- Fundamental rights.

- The organization of political power.

- The sovereignity of the people.

- The Parliament.

- The President of the Republic.

- The Government.

- Regional and local governments in the State of autonomies.

- Public administration.

- Jurisdictional guarantees.

- Judicial review and the role of Constitutional Court

- The Italian order and its evolution.

Learning Achievements (Dublin Descriptors)

A)knowledge and understanding: Students must demonstrate that they have acquired a good knowledge of the Italian constitutional system as well as a special ability to understand, starting from the normative data, the application of Constitutional theories, especially through the study of handbooks and through the focuses developed during lectures. Students will demonstrate a deep knowledge of Italian constitutional framework in an historical and systematic dimension. (knowledge and understanding). 

B) applying knowledge and understanding: Students must show their ability to elaborate and argue on the main topics of constitutional law, interpreting and applying the rules of Italian constitutional order, with reference to concrete and specific contexts, identifying, interpreting and applying such rules to each case-study. 

C) making judgements: Students must show ability to integrate the acquired knowledge; starting from the research in legislation and jurisprudence, they must demonstrate to be able to take a clear stand, effectively arguing and recognizing the critical aspects of some constitutional law institutions and landmarks, with some reference also to the ongoing institutional reforms. 

D) communication skills: Students must show their ability to clearly communicate their observations and conclusions in discussions during lectures, seminars, working classes. Students must demonstrate also their ability to elaborate juridical texts and papers in judicial and extrajudicial contexts. Students must argue using a clear and appropriate juridical lexicon, both with Professor and their colleagues. 

E) learning skills: Students must demonstrate that they have developed the learning skills useful to continue studying with an high level of autonomy, with particular reference to a better understanding of additional areas of Public Law (European Union Law, Comparative Constitutional Law, Public International Law, Regional Law, Administrative Law). Furthermore, students must demonstrate: the ability to interpreting and applying the rules of domestic law also referring to supranational systems; the skills to independently investigate data bases for legislation and jurisprudence.

Teaching Material

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

Supporting Activities

Special meetings will be organized for attending students in order to help them to get prepared for  mid-term tests.

The teaching material made available by the lecturer can be found, together with other supporting activities, inside the Moodle platform › blended.uniurb.it. Professor can suggest additional materials and papers during lessons.


 

The teaching material and specific communications from the lecturer can be found, together with other supporting activities, inside the Moodle platform ›blended.uniurb.it


Didactics, Attendance, Course Books and Assessment

Didactics

During the course a tutorial activity will be organized to support students, as well as exercises on case law.

Attendance

Attending lectures and seminars is not mandatory.

Attending students can support mid-term test to verify their accomplishment. Professor will communicate manners and procedures of the mid-term test during lessons.

Course books

A. BARBERA - C. FUSARO, Corso di costituzionale, Il Mulino, Bologna, last available edition;
L. CALIFANO - M. RUBECHI, Guida ragionata alla Costituzione  italiana, Maggioli, Rimini, 2013.  
 

Assessment

At the end of the course, to verify the accomplishment, students will take an oral exam, preceded by a written answers to four questions on the syllabus (40 minutes).

Such method of assessment aims to check, at the same time, students’ ability to synthesize, their communicative and expressive skills, as well as their  successful acquisition of the appropriate legal lexicon.

Attending students can take mid-term tests, following manners and procedures Professor will communicate during class. In any case, students can also decide to take the above-mentioned entire exam at the end of the course.

Additional Information for Non-Attending Students

Didactics

During the course a tutorial activity will be organized to support students (also non-attending students), as well as exercises on case law. For any further information students can contact Professor to the mail address: massimo.rubechi@uniurb.it

Attendance

Attending lectures and seminars is not mandatory.

Course books

A. BARBERA - C. FUSARO, Corso di costituzionale, Il Mulino, Bologna, last available edition;
L. CALIFANO - M. RUBECHI, Guida ragionata alla Costituzione  italiana, Maggioli, Rimini, 2013. 

Assessment

At the end of the course, to verify the accomplishment, students will take an oral exam, preceded by a written answers to four questions on the syllabus (40 minutes).

Such method of assessment aims to check, at the same time, students’ ability to synthesize, their communicative and expressive skills, as well as their  successful acquisition of the appropriate legal lexicon.

 

Such method of assessment aims to check, at the same time, student's ability to synthesize, their communicative and expressive skills, as well as their   successful acquisition of the appropriate legal lexicon.

Notes

Students with “formative debt” can get 3 CFU studying essays form the book:

1) the essay/chapter L. Califano (a cura di), La costruzione giurisprudenziale delle fonti del diritto, Aras edizioni, Pesaro-Urbino, 2010;

2) another essay/chapter in the same book chosen by the student.

Students can request to take the final exam in French, English or Spanish (please, contact Professor).

In the Department is active "Olympus", the Observatory for permanent monitoring of legislation and case law on health and safety in the workplace work. The Observatory carries out various activities including, in particular: - the management of a website with legislative databases, case law databases and databases of contracts, all concerning the safety at work, - depth articles, specialized reviews and thematic focus; - the management of an online scientific journal - "The Working Papers of Olympus", soon destined to mutate into "Law of occupational Safety and Health" (DSL) - in the field of security rights in the workplace, with ISSN, that employs a wide international scientific committee and refereeing procedures for the identification of essays to be published; - The organization of congresses and seminars including international ones. This observatory, whose website is freely accessible to all in a logic of public service, allows students of the CdS to find useful materials and documentation for their course of study and useful to draft their dissertation. It offers, also, through the mentioned congresses and seminars, the opportunity to meet the leading experts in the field and to analyse the most sensitive issues relating to it. http://olympus.uniurb.it/  

In the Department is active "Olympus", the Observatory for permanent monitoring of legislation and case law on health and safety in the workplace work. The Observatory carries out various activities including, in particular: - the management of a website with legislative databases, case law databases and databases of contracts, all concerning the safety at work, - depth articles, specialized reviews and thematic focus; - the management of an online scientific journal - "The Working Papers of Olympus", soon destined to mutate into "Law of occupational Safety and Health" (DSL) - in the field of security rights in the workplace, with ISSN, that employs a wide international scientific committee and refereeing procedures for the identification of essays to be published; - The organization of congresses and seminars including international ones. This observatory, whose website is freely accessible to all in a logic of public service, allows students of the CdS to find useful materials and documentation for their course of study and useful to draft their dissertation. It offers, also, through the mentioned congresses and seminars, the opportunity to meet the leading experts in the field and to analyse the most sensitive issues relating to it. http://olympus.uniurb.it/  

Olympus Observatory is active in the Department to monitor Labour legislation and case law. It performs various activities, in particular:

- Managing a website with legislative, jurisprudential data base or contractual occupational safety;

- insights and articles, specialized exhibitions and thematic focus;

- Managing a scientific magazine online - "I Working Papers di Olympus", that will change in "Diritto della sicurezza sul lavoro" (DSL) – regarding safety in the workplace, with ISSN, which makes use of a broad international Scientific Committee and peer review procedures for identification of essays to be published;

- Conference events and seminars even with international profile. Olympus Observatory has an internet web site with open access and it allows all the students enrolled in the Course degree to find materials and documents useful to their course of study and in preparing their final dissertation. It offers also the opportunity to meet with leading experts in the field and analyze in depth the  sensitive issues relating to it.

http://olympus.uniurb.it/

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