The course aims at deeply analysing the core features of the Italian regional legal system through the lens of the relevant sources of law, the institutional functions and the constitutive bodies of the Republic. The evolution of the Italian regional model will be examined in the light of the long-standing doctrinal debate and the changes introduced following the constitutional reform of Title V. Furthermore, the current and ongoing processes of federalisation and strong decentralisation occurring in the European context will be framed by selecting case studies. 

Alongside a traditional analysis of the most significant elements of the subject, the evolutionary dynamics of regionalism will be observed through the lens of constitutional case-law and from the perspective of the protection of fundamental rights. Therefore, the ultimate aim of the course is to provide students with the intellectual tools to orient themselves in the doctrinal debate and in the current reform process characherizing the Italian regional legal system, whereby the so-called issue of the ‘federalism of rights’ is highly controversial.

The course methodology, which is the result of a combination of traditional and innovative-experimental teaching methods, aims at actively involving students throughout the learning process. 

The course programme is divided into the following Parts:

Part I - Theoretical foundations and historical-legal evolution of regionalism:

- The models: centralised state, federal state, regional state;

- Foreign experiences (Spain, Germany, the United States);

- The evolution of Italian regionalism and the competency framework.

Part II - The Region and the other constituent entities of the Italian Republic:

- The sources of law: the Statutes, the regional law, the regulations;

- The regional form of government: contitutive bodies, organisation and autonomy;

- Regions with special autonomy;

- State-region connections and the role of the region within the European Union.

Part III - Constitutional Litigation: the Region and the State before the Constitutional court:

- The constitutive features of the direct proceeding and the conflict between State and Region.

Part IV - Principles and rights:

- Principles: unity, loyal cooperation and subsidiarity;

- Fundamental rights throughout the competential sub-divisions (art. 117 c. 2 lett. l);

- Article 116 c. 3: "differentiated autonomy" between theoretical perspective and implementation;

- The ‘regionalism of rights’: new trends between national and European dimensions.

Constitutional Law

Learning outcomes:

A) knowledge and understanding: Students must demonstrate the ability to understand the core features of the subject by showing a high degree of knowledge of the relevant sources of law, rules and constitutive bodies of the Italian Regional entities. 

B) applying knowledge and understanding: It is expected the acquisition of the ability to interpret, apply and understand the main rules concerning the structural functioning of the Italian Regions, along with the capacity to identify and critically discuss the constitutional jurisprudence, scientific papers and other legal relevant pieces related to the issues at stake. 

C) making judgements: Students must show the ability to deeply understand the functional dynamics of the regional form of government and to frame the concrete problematic issues arising from the current competential asset, with special regard to the issue of the fundamental rights' protection among different level of territorial governments.

D) communication skills: Students must actively share their insights and critical arguments by delivering small presentations during lectures, seminars and working classes. Argumentative coherence and logical solidity will be positively evalueted. 

E) learning skills:  Students must demonstrate that they have acquired excellent learning skills and good methodological instruments ideal to let them keep on deepening other related areas of public law (European Union law, comparative constitutional law, public international law, regional law, administrative law). 

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

Additional advising office meetings will be fixed for attending students in order to offer support for the mid-term tests and the final exam. 

Teaching

Throughout the course lectures will be delivered according to the following scheme:

- traditional (face-to-face lessons)

- with flipped-learning technique (1 lesson)

- mixed (frontal lessons and working class or with flipped)

Traditional teaching will be central in the early stages of the course. As the students' awareness and knowledge grows, more and more space will be dedicated to innovative-experimental forms of teaching (Flipped-Learning technique teaching, hybrid seminar forms also through the use of digital touch-boards).

In addition, the course will be accompanied by an articulated tutoring activity, tutorials on case law, and in-depth seminars.

Innovative teaching methods

Flipped learning 

Distance and face-to-face learning based on seminars using touchscreen whiteboards.

Attendance

Attending lectures and seminars is not mandatory.

However, only attending students will have access to mid-term test and assessment. 

Course books

For the general part, one of the following textbooks is recommended:

B. Caravita-F. Fabrizzi-A. Sterpa, Lineamenti di diritto costituzionale delle Regioni e degli enti locali, Turin, Giappichelli, latest edition available. 

P. Caretti-G. Tarli Barbieri, Diritto regionale, Turin, Giappichelli, latest edition available. 

R. Bin-G. Falcon, Regional Law, Bologna, Il Mulino, 2024. 

For the study of the Constitution and the relevant case law it is highly recommended:

L. Califano-F. Fabrizzi-M. Rubechi, Guida ragionata alla Costituzione italiana, Bologna, Maggioli, 2024.

Assessment

In order to assess the preparation at the end of the course, the student must take an oral test, aimed at verifying the knowledge acquired.

For attending students, the possibility of taking intermediate tests for the gradual verification of preparation and knowledge is envisaged, in accordance with the procedures communicated by the lecturer during the lectures.

However, the possibility of taking the full exam at the end of the course is always guaranteed. 

The expected learning outcomes will be assessed by means of three or more questions. The assessment criteria and marks are determined according to the following scale:

- less than 18/30 - insufficient level

- 18-20/30 - sufficient level

- 21-23/30 - fully sufficient level

- 24-26/30 - good level

- 27-29/30 - very good level

- 30-30 with distinction - excellent level

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.

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

 Advising office meetings and tutoring meeting will be also guaranteed for non-attending students in order to guarantee support for the final exam, if deemed necessary. 

Attendance

Attending lectures and seminars is not mandatory.

Course books

For the general part, one of the following textbooks is recommended:

B. Caravita-F. Fabrizzi-A. Sterpa, Lineamenti di diritto costituzionale delle Regioni e degli enti locali, Turin, Giappichelli, latest edition available. 

P. Caretti-G. Tarli Barbieri, Diritto regionale, Turin, Giappichelli, latest edition available. 

R. Bin-G. Falcon, Regional Law, Bologna, Il Mulino, 2024. 

For the study of the Constitution and the relevant case law it is highly recommended:

L. Califano-F. Fabrizzi-M. Rubechi, Guida ragionata alla Costituzione italiana, Bologna, Maggioli, 2024.

Assessment

In order to assess the preparation at the end of the course, the student must take an oral test, aimed at verifying the knowledge acquired.

The expected learning outcomes will be assessed by means of three or more questions. The assessment criteria and marks are determined according to the following scale:

- less than 18/30 - insufficient level

- 18-20/30 - sufficient level

- 21-23/30 - fully sufficient level

- 24-26/30 - good level

- 27-29/30 - very good level

- 30-30 with distinction - excellent level

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.