Aim of the study is the mode of organization and operation of the public administrations, with particular regard to the scholastic and socio-educational sphere. Analysis of decision-making processes related to the social and cultural reality of the territories. Recognition of legislation concerning educational agencies. History, theory and practice of public authorities. Evaluation of public policies at local level. Institutional relationships between the State and the associated organizations. Legal framework for interventions aimed at promoting social inclusion and preventing distress and social bias.
- Knowledge and understanding:
to define and identify the epistemological and methodological field of the discipline;
to know the public authorities system in the national, European and international context.
- Applying knowledge and understanding:
to analyze the administrative tools aimed to satisfy individual and group educational needs;
to examine in the specific context the legislative and organizational processes.
- Making judgements:
to apply the theoretical precepts to the concrete solutions supplied by the political decision maker;
to evaluate regulatory innovations.
- Communication skills:
to use communication strategies in social and professional contexts;
to develop the competence in finding personalized solutions according to the specific questions.
- Learning skills:
to put in practice the aptitude for empirical research in working contexts;
to lead the carrying out of scientific studies in the search for solutions to concrete problems, with particular reference to families, schools and various services of the integrated educational system.
- Knowledge and understanding:
to define and identify the epistemological and methodological field of the discipline;
to know the public authorities system in the national, European and international context.
- Applying knowledge and understanding:
to analyze the administrative tools aimed to satisfy individual and group educational needs;
to examine in the specific context the legislative and organizational processes.
- Making judgements:
to apply the theoretical precepts to the concrete solutions supplied by the political decision maker;
to evaluate regulatory innovations.
- Communication skills:
to use communication strategies in social and professional contexts;
to develop the competence in finding personalized solutions according to the specific questions.
- Learning skills:
to put in practice the aptitude for empirical research in working contexts;
to lead the carrying out of scientific studies in the search for solutions to concrete problems, with particular reference to families, schools and various services of the integrated educational system.
scheda docente
materiale didattico
The legislative function (Sources of law: general notions; Regulatory antinomies and resolution criteria; Principle of legality and reserve of law; The Constitution; Supranational sources; Primary level sources; Regional sources: the division of legislative competences between the State and the Regions, regional law and statutes, the regulatory power of the regions; Specific sources: reinforced laws and laws with reserved competence; Secondary level sources; Other regional and local sources: regulatory autonomy and principle of subsidiarity; Customs; The role of Parliament in the constitutional framework; The composition of Parliament and the internal organization of the Chambers; The right to vote and electoral systems; The functions of Parliament; The budget session)
The executive and representative functions of national unity (The role of the Government in the constitutional framework; The process of forming the Government; The relationship of trust; The structural composition of the Government; The functions of the Government: political, deliberative, control and coordination; The legal and political responsibilities of the Government; The President of the Republic: definition and framework; The election of the President of the Republic; The presidential mandate; The functions of the President of the Republic and relations with other institutions; The acts of the President of the Republic and the ministerial countersignature; Presidential responsibility)
The executive and representative functions of national unity (The role of the Government in the constitutional framework; The process of forming the Government; The relationship of trust; The structural composition of the Government; The functions of the Government: political, deliberative, control and coordination; The legal and political responsibilities of the Government; The President of the Republic: definition and framework; The election of the President of the Republic; The presidential mandate; The functions of the President of the Republic and relations with other institutions; The acts of the President of the Republic and the ministerial countersignature; Presidential responsibility)
The jurisdictional function (Jurisdiction; The jurisdictional system and the protection of legal positions; Constitutional principles on jurisdiction; Jurisdiction from a static point of view: the jurisdictional system; Jurisdiction from a dynamic point of view: due process and the right of defense; The articulation of jurisdiction; The Superior Council of the Judiciary; The Constitutional Court and the powers of the State: the role and the relationship with other systems of constitutional control; The composition of the Constitutional Court; The functions of the Constitutional Court; The judgment of constitutional legitimacy: defects, object norm and parameter norm; Incidental and principal judgment; Decisions of the Constitutional Court; Other functions: conflicts of attribution; judgments on crimes committed by the President of the Republic; the review of the admissibility of the abrogative referendum)
Administrative activity (The advent of Law no. 241/1990: legislative evolution and participation institutions; The phases of the administrative procedure; The initiative: the start of the procedure and the guarantee institutions; The preliminary investigation phase and its instruments; The decision-making phase. The types of administrative acts, agreements, silences. Effectiveness and validity of the administrative provision; Procedural simplification and the liberalization of private activities; The institutions of administrative simplification; The institutions of liberalization; Administrative transparency and the right of access)
Public intervention in the economy (Public powers in the economy; The development of public intervention in the economy; Constitutional principles of public law in the economic field; Economic Constitution and Financial Constitution; The principles of the European Union; International economic law; Market, social spending and public solidarity; European economic policies: the “Next Generation EU” device and the PNRR; A new relationship between the European Union, the State and the economy)
The powerpoint uploaded to the Moodle platform may serve as a mere aid but don't constitute the teaching material aimed at preparing the exam
Programma
The legal system, the public power organizations, the system of rights, the constitutional principles, the subjects (The legal system; The State and its social function: the origins of welfare systems; The forms of State; The forms of government; Administrative polycentrism: loyal collaboration and the conference system; Law beyond the State; The European Union; Subjective rights and legitimate interests; Rights of freedom and social rights in the multilevel system; Public bodies (concept and characteristics; indices of recognition of publicity; economic public bodies; public enterprises; bodies of public law, private bodies of public interest; independent administrations); Bodies and offices; Public interests and the public law regime; The institutional structure: relationships between politics and administration; public management and the spoils system; the employment relationship in public administrations; Regions and local authorities; Constitutional principles: impartiality and good performance; subsidiarity; proportionality; transparency; justiciability and effectiveness of judicial protection; public service)The legislative function (Sources of law: general notions; Regulatory antinomies and resolution criteria; Principle of legality and reserve of law; The Constitution; Supranational sources; Primary level sources; Regional sources: the division of legislative competences between the State and the Regions, regional law and statutes, the regulatory power of the regions; Specific sources: reinforced laws and laws with reserved competence; Secondary level sources; Other regional and local sources: regulatory autonomy and principle of subsidiarity; Customs; The role of Parliament in the constitutional framework; The composition of Parliament and the internal organization of the Chambers; The right to vote and electoral systems; The functions of Parliament; The budget session)
The executive and representative functions of national unity (The role of the Government in the constitutional framework; The process of forming the Government; The relationship of trust; The structural composition of the Government; The functions of the Government: political, deliberative, control and coordination; The legal and political responsibilities of the Government; The President of the Republic: definition and framework; The election of the President of the Republic; The presidential mandate; The functions of the President of the Republic and relations with other institutions; The acts of the President of the Republic and the ministerial countersignature; Presidential responsibility)
The executive and representative functions of national unity (The role of the Government in the constitutional framework; The process of forming the Government; The relationship of trust; The structural composition of the Government; The functions of the Government: political, deliberative, control and coordination; The legal and political responsibilities of the Government; The President of the Republic: definition and framework; The election of the President of the Republic; The presidential mandate; The functions of the President of the Republic and relations with other institutions; The acts of the President of the Republic and the ministerial countersignature; Presidential responsibility)
The jurisdictional function (Jurisdiction; The jurisdictional system and the protection of legal positions; Constitutional principles on jurisdiction; Jurisdiction from a static point of view: the jurisdictional system; Jurisdiction from a dynamic point of view: due process and the right of defense; The articulation of jurisdiction; The Superior Council of the Judiciary; The Constitutional Court and the powers of the State: the role and the relationship with other systems of constitutional control; The composition of the Constitutional Court; The functions of the Constitutional Court; The judgment of constitutional legitimacy: defects, object norm and parameter norm; Incidental and principal judgment; Decisions of the Constitutional Court; Other functions: conflicts of attribution; judgments on crimes committed by the President of the Republic; the review of the admissibility of the abrogative referendum)
Administrative activity (The advent of Law no. 241/1990: legislative evolution and participation institutions; The phases of the administrative procedure; The initiative: the start of the procedure and the guarantee institutions; The preliminary investigation phase and its instruments; The decision-making phase. The types of administrative acts, agreements, silences. Effectiveness and validity of the administrative provision; Procedural simplification and the liberalization of private activities; The institutions of administrative simplification; The institutions of liberalization; Administrative transparency and the right of access)
Public intervention in the economy (Public powers in the economy; The development of public intervention in the economy; Constitutional principles of public law in the economic field; Economic Constitution and Financial Constitution; The principles of the European Union; International economic law; Market, social spending and public solidarity; European economic policies: the “Next Generation EU” device and the PNRR; A new relationship between the European Union, the State and the economy)
Testi Adottati
G. Fares (ed.), Lineamenti di diritto pubblico per le scienze economiche, sociali e sanitarie, Giappichelli, 2025, chapters from I to IXThe powerpoint uploaded to the Moodle platform may serve as a mere aid but don't constitute the teaching material aimed at preparing the exam
Bibliografia Di Riferimento
_Modalità Erogazione
Lectures will be held in presenceModalità Frequenza
Attendance is recommendedModalità Valutazione
Oral exam at the end of the course, two questions related to the general part and one to the special one for any candidate and mark based on reasoning and analysis ability regarding the various topics of the exam program