The momentous event that ushered in the 21st century-the attack on the Twin Towers in New York City on September 11, 2001-has given unprecedented prominence to the public good of security in all its dimensions: external and internal security; individual right to security or collective security of rights; security in the material sense and in the ideal sense. In certain extreme cases, the protection of public security may go so far as to justify the adoption of emergency and exceptional measures that challenge the foundations of the rule of law, as happened in the emblematic case of the Covid-19 pandemic. That said, the aim of the course is to provide students with the legal categories and methodological tools for a framing of the public good of territorial security in the different forms of state: absolute, liberal, democratic-pluralist and social. In particular, the course will explore the normative relevance of security in the Italian constitutional order, in the European space of the internal market with attention also to the living law of the Constitutional Court and supranational supreme courts.

Introduction to the course and basic legal concepts.

Security of rights and the right to security

The different faces of security: external and internal security; individual and collective security; security in a material sense and in an ideal sense

The public good of security in the evolution of the form of state: absolute, liberal, democratic-pluralist, totalitarian, social.

Protected democracy

- Security and the state of emergency. The case of the Covid-19 pandemic

- Balancing values and principles underlying the public good of security

- Security in the constitutional order

- The European area of freedom, security and justice

- Security in constitutional and supranational jurisprudence

Knowledge and understanding

The law graduate who has taken the Public Law of Territorial Security examination has a thorough knowledge of the fundamental norms of public law inherent to territorial security and its main institutions, as they emerge in the national system but also from international and EU law.

Applying knowledge and understanding

The law graduate who has taken the Public Law of Territorial Security examination has the ability to interpret and apply the norms of constitutional law inherent to public security related also to EU law and international law. He/she has, in addition, ability to find, including through databases, understand and use the sources of the law in question, case law and relevant data on security. 

 Making judgements

The law graduate who has taken the Public Law of Territorial Security examination has the ability to assess the balance between principles, rights and interests in public security matters

Communication skills

A law graduate who has taken the Public Law of Territorial Security examination has the ability to describe and explore legal problems related to territorial security and ability to illustrate the logical process accompanying problems related to balancing interests and rights.

Learning skills

The law graduate who has taken the examination of Public Law of Territorial Security will have 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 independently follow the political-institutional and legal reflections related to current issues involving the aspect of territorial security (legal measures, case law but also the related political discussions related to the choices made to address the phenomenon of 'immigration, economic crisis, citizenship, pandemic).

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

In order to facilitate learning, seminar initiatives related to Italian and European political-constitutional current events will be promoted.

Teaching

The course will be conducted mainly through lectures in which the active and critical participation of students will be stimulated, especially through classroom discussion, following the illustration of individual institutes

Attendance

Study of the indicated examination text, handouts prepared by the lecturer and material on the Moodle platform.

Course books

P. Vipiana, Introduzione al diritto della sicurezza pubblica, Giappichelli, Torino, 2022.

Assessment

Each student, whether attending or not, is entitled to take the final examination exclusively by means of an oral discussion dealing with the topics covered in the reference texts indicated above. The mode of the oral interview makes it possible to assess in the most complete way, in addition to the student's communicative ability, the acquisition of the analytical and critical skills required of the student in view of the complexity of the themes and arguments covered by the course whose knowledge and understanding he or she must demonstrate.

In the aforementioned discussion, the expected learning outcomes will be assessed 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 achieve any of the expected learning outcomes under "knowledge and understanding";

- 18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes stipulated under "knowledge and understanding skills";

- 21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes stipulated under "knowledge and understanding skills" and "applied knowledge and understanding skills";

- 24-26/30 - good level: the candidate achieves, in particular, the learning outcomes stipulated in the points "knowledge and understanding skills"; "knowledge and understanding skills applied"; and "autonomy of judgment."

- 27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes stipulated in the points "knowledge and understanding ability"; "applied knowledge and understanding ability"; "autonomy of judgment" and "communication skills";

- 30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes stipulated at the points "knowledge and understanding ability"; "knowledge and understanding ability applied"; "autonomy of judgment"; "communication skills" and "ability to learn

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Teaching

Individual study of the previously indicated examination text, handouts prepared by the lecturer and material on the Moodle platform.

Attendance

Study of the indicated examination text, handouts prepared by the lecturer and material on the Moodle platform.

Course books

P. Vipiana, Introduzione al diritto della sicurezza pubblica, Giappichelli, Torino, 2022.

Assessment

Each student, whether attending or not, is entitled to take the final examination exclusively by means of an oral discussion dealing with the topics covered in the reference texts indicated above. The mode of the oral interview makes it possible to assess in the most complete way, in addition to the student's communicative ability, the acquisition of the analytical and critical skills required of the student in view of the complexity of the themes and arguments covered by the course whose knowledge and understanding he or she must demonstrate.

In the aforementioned discussion, the expected learning outcomes will be assessed 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 achieve any of the expected learning outcomes under "knowledge and understanding";

- 18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes stipulated under "knowledge and understanding skills";

- 21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes stipulated under "knowledge and understanding skills" and "applied knowledge and understanding skills";

- 24-26/30 - good level: the candidate achieves, in particular, the learning outcomes stipulated in the points "knowledge and understanding skills"; "knowledge and understanding skills applied"; and "autonomy of judgment."

- 27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes stipulated in the points "knowledge and understanding ability"; "applied knowledge and understanding ability"; "autonomy of judgment" and "communication skills";

- 30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes stipulated at the points "knowledge and understanding ability"; "knowledge and understanding ability applied"; "autonomy of judgment"; "communication skills" and "ability to learn

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.