Sociology

FRANCESCO CLEMENTI

1. Knowledge and understanding: after having passed the exam students should know the fundamental legal topics and categories in the fields of constitutional law and public law, among them in particular: the organization of the public powers, the system of government in the interaction between Government, Parliament and President of the Republic, also in the perspective of the integration between the legal system of the state and the legal order of the European Union. Students should also know the system of state and European legal sources, and the laws and acts making procedures, the principles underlying the public administration, the administrative procedure and the content of public administration proceedings. Moreover, a good level of knowledge on the issues and problems concerning the most relevant social phenomena, in their specific juridical - institutional reflection.
2. Applying knowledge and understanding: after having passed the exam students should be able to adequately orientate arguments and activities with regard to the functioning of the organs of the State and of the public administration, also through the interpretation of legislative, administrative and jurisdictional acts, with a particular propensity for some specific areas of the phenomenon as a projection and interface of the social phenomena, including those concerning the protection of social rights.
3. Critical faculties should be developed through the discussion and presentation of topics related to the course, both during the lectures, and through working groups, as well as through the interaction and discussion with the professor himself and with the course colleagues
4. Communications skills. The ability to communicate what was learned should be developed through group work on specific topics of in-depth study of the course, written reports on case law concerning notions explored, to be presented to the class and submitted for discussion with the professor and with the course mates.
5. Learning skills. The ability to continue studying the topics concerning the fundamental public law notions should be developed through a good understanding of normative texts and administrative documents, as well as of jurisprudential acts, in particular of the Italian Constitutional Court and of the Court of Justice of the EU

1. Knowledge and understanding.
The aim of the course is to provide students with the essential elements of Italian public law (which includes the various topics of constitutional law and some basic notions of administrative law), also with a view to enabling them to acquire the best possible legal terminology.
In this sense, through the analysis of the general principles, sources, institutions and the most significant bodies at the basis of the national and EU legal system, the students' training will be aimed at understanding and commenting on the Italian Constitution, its values, principles and all that concerns the essential elements of our legal system. Similarly - albeit in general terms - ample consideration will be given to the European Treaties, starting with the Lisbon Treaty, which are a constituent and essential part of Italian public law.
In order to foster better knowledge and understanding on the part of the students, frontal lectures held by the lecturer in charge of the subject will be flanked by those of other figures invited to examine more specific aspects in depth (e.g.: professors and scholars from other universities; senior civil servants; magistrates and lawyers; persons holding institutional positions; professional journalists).
In addition to the face-to-face lectures, in-depth seminars will also be organised by the Chair, held by professors and scholars of the subject, also to encourage in-depth thematic study useful for a better understanding first and foremost around the strand of republican institutions (birth, development, dynamics in the evolution of the country), which will be a dominant part of the Course.
In this sense, it is highly recommended that students attend lectures and organised meetings, as well as subscribe to the Course newsletter, which will be made available to students right from the start of the Course, also in order to be fully aware of the notices, information and materials that will be distributed and socialised during the lecture period.
Consequently, at the end of the Course, having successfully passed the examination, the student shall be well aware of the sources of Italian law, also in relation to the sources of international law and European Union law; know and understand the relationships and interdependencies of and between Italian and European constitutional bodies; know and understand the relationships between jurisdictions; to know, understand and analyse the territorial articulations and their differences; to read and distinguish the different types of judgments of the Constitutional Court; to identify and know the different forms of protection of the fundamental rights of the individual; finally, to understand the basic elements and modes of functioning of the public administration.
2. Ability to apply knowledge and understanding. At the end of the Course, having successfully passed the examination, the student will have acquired the necessary tools for learning the institutes of public law and the functioning of institutions, also through constant reference to the constitutional text. Furthermore, in the light of the skills acquired, he/she will be able to formulate legal reflections and analyses of a publicist nature on the main issues arising in the public sphere. This argumentation on the part of the student - thus also enabling a correct re-elaboration and exposition of the contents learned - will be put into effect through the conscious use of legal vocabulary and the techniques proper to his reasoning. In this way, it will be possible to apply what has been studied both to concrete political-institutional events and to the analysis of regulatory materials, case law and what public law doctrine proposes daily in the public debate.
3. In this sense, the development of critical and judgmental skills will be fostered during the lectures by the lecturer, both by using the techniques of argumentation, and thus first and foremost the exposition, discussion and free confrontation between lecturer and students around the topics that are gradually proposed, and by a strong reciprocal interaction through the use of web tools, newsletters and social media (which the chair has been using for some time for these purposes).
4. Students are expected to have acquired an ability to communicate what they have learnt through discussion in the classroom or in the organised seminars, the presentation of any group work on specific in-depth topics of the course, or the drafting of written reports on case law cases to be submitted for discussion with the lecturer and course colleagues.
5. The student is expected to have acquired a knowledge and awareness of public law and its multiple interrelationships with the other subjects qualifying the relations between institutions and society, and to be able to autonomously and appropriately undertake a critical reading and understanding of texts and regulatory, administrative and jurisprudential acts of Italian and European public law.

No pre-requisites are required.

The course programme, while covering all the main topics of Italian public law, will focus in particular on institutions and their dynamics.

I. The legal system and public law. -
II. The State. -
III. The international order. -
IV. The European Union legal order. -
V. The Sources of Law. -
VI. Fundamental rights. -
VII. Forms of government. -
VIII. Popular sovereignty. -
IX. Parliament. -
X. The President of the Republic. -
XI. The Government of the Republic. -
XII. Regional and local governments. -
XIII. Public administrations. -
XIV. The judicial system. -
XV. Constitutional justice. -
XVI. The Italian legal system and its evolution.

The following texts are indicated for exam preparation:

1) G. Amato - F. Clementi, Forms of State and Forms of Government, Bologna, Il Mulino, 2012, pp. 120;
2) A. Barbera, C. Fusaro, Corso di diritto pubblico, Bologna, Il Mulino, latest edition (XII°), 2022
3) F. Clementi, Il Presidente del Consiglio dei Ministri, Bologna, Il Mulino, 2023;

Knowledge of the Italian Constitution is also taken for granted. If one wishes, on the subject, one can refer to:
F. Clementi, L. Cuocolo, F. Rosa, G.E.Vigevani (eds.), La Costituzione italiana. Commentary article by article, Voll. I-II, Bologna, Il Mulino, 2021 (2nd ed.). (in particular volume no. 2)

Lectures, also with the participation of scholars and experts invited to discuss topics of interest.

the mode of attendance is in presence.

Multiple-choice test, with a possible subsequent oral examination of the student's choice (the oral examination will have a range of plus or minus three points in relation to the test result already taken).