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


PUBLIC LAW AND TERRITORY SAFETY
DIRITTO PUBBLICO DELLA SICUREZZA TERRITORIALE

A.Y. Credits
2018/2019 6
Lecturer Email Office hours for students
Athanasia Andriopoulou

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 question of security (according to some as an individual right, according to others as a collective request and in any case as a condition that the State must guarantee in the territory within our cities) represents for the legislator and the law at large an obligation "to protect", which by its very nature is ambiguous and difficult to circumscribe. Under this obligation, however, the legislator disposes of specific provisions for guaranteing and safeguarding the citizens. In fact, the "face of security" can take on different forms, depending on the perspective through which you look at it; nonetheless legislative reserves, measures and measures of emergency can be issued, as legal exceptions capable of placing the fundamental principles of the rule of law and even the rules of democracy in a state of temporary suspension.

The essential purpose of the course is therefore to provide students with the necessary knowledge inherent in the issues related to the Security of the Territory, as it is perceived and provided for in the Constitutional Law, in the jurisprudence, but also in international and European law. The social issues that are subjected to the public law of territorial security and that will be more taken into consideration, are in turn linked to the security crises that are facing Italy and Europe, commonly known under the guise of the so-called "Emergencies": immigration, the economic and resource crisis, crime, terrorism etc. The student will be "challenged" to put himself in the shoes of the legislator whenever he has been called to operate a process of balancing between conflicting interests, which involves, on the one hand, the need for security (presumed, preventive, subsequent) and on the other, the declared guarantee of rights, services and protection of constitutionally relevant goods, as provided for by the Basic Law itself, as well as by ordinary laws.

The methodological tool that is proposed, therefore, is the legal analysis with the simultaneous development of a critical approach to the term "security" in its constitutional meanings, and in the dynamics that develop around issues such as "security and immigration", "Security and economic resources (services)", "security and fundamental rights". Finally, the course further poses the question: is there a real autonomous and individual right or a collective right to security? In investigating this direction, issues related to citizenship and civil and political rights will be further addressed.

Program

- Introduction to the course and basic definitions. Security in legal and common language

- Is there a constitutional "face" of security? The different faces of security.

-The concept of security in philosophical and legal thought. Is there an individual right to security?

-The three security "paradigms": Guaranteed or the paradigm of the "certainty of rights"; The Securitarian; The Community paradigm.

-The Guarantee paradigm: Social security. Public security. Integrated urban security.

-Who is called to guarantee security? The administrative and other units designated by the State to carry out the obligation of security. The limits and reservations of the law.

-Balancing of interests: constitutionally guaranteed rights and clash with the right to security

-The Securitarian paradigm. Differences, theories, examples.

-The Community paradigm. Differences, theories, examples.

-Insecurity: terrorism, crime, immigration, economic failure, nationalism. Real facts and (in) perceived security. Immigration: security, rights, dignity. Security and citizenship

- Relevant jurisprudence. Examples and reflections on current events

For attending students: the material provided during the lessons of the course (and then placed on blended learning) is the subject of study for the subject, unless it is explicitly provided and communicated differently by the teacher. Any seminars or exercises will be considered mandatory for the relevance of the attendance (3/4 of the total number of hours of the course) and will constitute the material object of the course in all respects.

Learning Achievements (Dublin Descriptors)

Knowledge and understanding: The graduate in Law who has taken the exam of Public Law of Territorial Security has: - complete knowledge and understanding of the basic legal sectors; - in-depth knowledge of the fundamental norms of public law inherent to the figures of territorial security and of its main institutes, as they emerge in national law but also from the international and community ones; - ability to understand the purposes, contexts and consequences of the policies of law and laws (decrees or provisions) in question.

Applying knowledge and understanding: The graduate in Law who has taken the exam of Public Law of Territorial Security has: - the ability to interpret and apply the rules of constitutional law and that relating to security linked to Community and international law; - the ability to find, also through databases, understanding and using the sources of the law in question, the jurisprudence and relevant data on safety.

Making judgements: The graduate in Law who has taken the exam of Public Law of Territorial Security has: - the ability to assess any excesses in the balancing of interests that the legislator can apply in emergency measures; -interpretive capacity, case analysis and qualification of the relationship between reality facts and legal case, so as to be able to identify, represent and eventually solve problems related to security, also in order to produce normative texts, negotiation, procedural that are clear, relevant and effective.

Communication skills: The graduate in Law who has taken the exam of Public Law of Territorial Security has: ability to describe and deepen the legal problems related to territorial security and ability to illustrate the logical process that accompanies the problems related to the balancing of interests and rights; it has also developed the capacity to execute logical-juridical paths that lead to the solution of the theoretical and applicative problems posed in the matter.

Learning skills: The graduate in Law who has taken the exam of Public Law of Territorial Security has: exercised and developed the ability to understand the complexity of legal phenomena in the field of public law of territorial security, as well as the ability to autonomously follow the political-institutional and legal reflections related to current issues that involve the aspect of territorial security (legal provisions, jurisprudence but also the related political discussions related to the choices made to deal with the phenomenon of immigration, the economic crisis, citizenship)

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

Didactics, Attendance, Course Books and Assessment

Didactics

The course will take place in the Second Semester and will consist of lectures and in-depth seminars.

During the course some hours will be devoted to the study of case law, while a part of the course will focus on the understanding of citizenship models and their connection with the subject

Attendance

Attending students expect at least 3/4 of the total hours of frontal lessons

Course books

Tommaso Greco, Dimensions of Security, Giappicchelli, Turin, 2009

Marco Ruotolo, Security, Dignity and Fight against Poverty. From the "right to security" to "security of rights", Editoriale Scientifica, Naples, 2012

Notes reserved for attending students will also be provided.

Assessment

Every student, attending or not, has the right to take the final examination test exclusively by means of an oral discussion concerning the topics dealt with in the reference texts indicated above. The oral interview mode allows to evaluate in the most complete way, as well as the student's communication skills, the acquisition of analytical and critical skills required to the student in consideration of the complexity of the topics and arguments subject of the course of which he must demonstrate the knowledge and understanding. In the aforementioned discussion, the expected learning outcomes will be evaluated through the formulation of three or more questions. Evaluation criteria and scores are determined according to the following scale:

less than 18/30 - insufficient level: the candidate does not reach any of the learning outcomes foreseen at the point "knowledge and understanding skills";

18-20 / 30 - sufficient level: the candidate reaches, in particular, the learning outcomes foreseen at the point "knowledge and understanding skills";

21-23 / 30 - level fully sufficient: the candidate reaches, in particular, the learning outcomes foreseen at the points "knowledge and understanding skills" and "knowledge and understanding skills applied";

24-26 / 30 - good level: the candidate reaches, in particular, the learning outcomes foreseen at the points "knowledge and understanding skills"; "Applied knowledge and understanding skills" and "independent judgment";

27-29 / 30 - very good level: the candidate reaches, in particular, the learning outcomes foreseen at the points "knowledge and understanding skills"; "Knowledge and understanding skills applied"; "Autonomy of judgment" and "communication skills";

30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes foreseen at the points "knowledge and understanding skills"; "Knowledge and understanding skills applied"; "Autonomy of judgment"; "Communication skills" and "ability to learn".

Additional Information for Non-Attending Students

Didactics

Tommaso Greco, Dimensions of Security, Giappicchelli, Turin, 2009

Marco Ruotolo, Security, Dignity and Fight against Poverty. From the "right to security" to "security of rights", Editoriale Scientifica, Naples, 2012

Further articles will be uploaded to the platform with indication for non-attending students.

Notes

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/  

« back Last update: 27/03/2019

Condividi


Questo contenuto ha risposto alla tua domanda?


Il tuo feedback è importante

Raccontaci la tua esperienza e aiutaci a migliorare questa pagina.

Se sei vittima di violenza o stalking chiama il 1522

Il 1522 è un servizio pubblico promosso dalla Presidenza del Consiglio dei Ministri – Dipartimento per le Pari Opportunità. Il numero, gratuito è attivo 24 h su 24, accoglie con operatrici specializzate le richieste di aiuto e sostegno delle vittime di violenza e stalking.

Posta elettronica certificata

amministrazione@uniurb.legalmail.it

Social

Performance della pagina

Università degli Studi di Urbino Carlo Bo
Via Aurelio Saffi, 2 – 61029 Urbino PU – IT
Partita IVA 00448830414 – Codice Fiscale 82002850418
2021 © Tutti i diritti sono riservati

Top