Basic knowledge of modern and contemporary history is strongly recommended. Students can attend the History of Western Legal Tradition course to gain such knowledge.

Knowledge and understanding: the course aims to provide an in-depth comprehension of fundamental rights protection in the European context, a sound knowledge of the Italian Constitutional system, and an understanding of constitutional and supranational case law on fundamental rights. Ability to apply knowledge and understanding: students will learn how to recognize crucial problems and challenges to the protection of fundamental rights in contemporary societies, find relevant and reliable sources independently, and interpret and use national and supranational jurisprudence. Autonomy of judgment: in the second part of the course, through workshops and group work, students will be able to identify issues related to fundamental rights critically. Communication skills: in the second part of the course, through workshops and group work, students will develop the communication skills required in the forensic field; they will learn how to argue different legal positions on fundamental rights in debates and work as a team. Learning skills: given the subject’s topicality, a proactive approach by students will be encouraged; they will learn how to find normative sources and relevant case law on fundamental rights and organize ongoing self-updating.

N.B..: the course is taught in English.

For students not enrolled in the LLB degree IECoLS, a proficiency level in English, at least at the B2 level, is required.

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The course consists of two parts. 

The first deals with the fundamentals of Italian Constitutional law, the system of government, and the Italian sources of law, with references to European primary and secondary legislation.

The main topics are the following:

- The making of the Italian Constitution

- Popular Sovereignty and Separation of Powers

- Parliament

- Government

- President of the Republic

- Judiciary

- Italian Sources of Law

- European primary and secondary legislation

- Conflicts of norms and principles of conflict resolution

The second part aims to provide a comprehensive overview of fundamental rights protection in Europe. After introducing the European systems of fundamental rights protection, a list of crucial court cases from the Italian Constitutional Court, the European Court of Human Rights, and the Court of Justice of the European Union is analysed to reconstruct the practice of fundamental rights protection in the European context. Most of this second part of the course will be focused on cases and case law to stimulate discussion during the classes.

The main topics are the following:

- The Italian Constitution in the European Legal Area

- Italian Constitutional Court and Constitutional Adjudication

- Fundamental Rights: theory

- Multilevel Protection of Fundamental Rights (ECHR and CFREU)

- Selected case-law

Note that the Constitutional Law - 6 CFU program corresponds to the second part of the course.

(A) Cartabia M., Lupo N.; The Constitution of Italy. A Contextual Analysis; Hart Publishing Oxford Portland, 2022; Pagine/Capitoli: Chapters 1-6 and 8-10; 9781509957866

(C) Facchi A., Falcetta S., Riva N.; An Introduction to Fundamental Rights in Europe. History, Theory, Cases; Edward Elgar, Cheltenham Northampton, 2022; Pagine/Capitoli: Chapters 1-6; 9781788117043

(C) Barsotti V., Carrozza P., Cartabia M., Simoncini A.; Italian Constitutional Justice in the Global Context; Oxford University Press Oxford, 2017; Pagine/Capitoli: Chapters 1-2-3-7; 9780190859725

The second part of the course is mainly based on additional materials (court decisions), scientific papers, and case notes provided on the course's website in the folder 'Teaching Materials' and Teams.

• 1. Teaching approach: theoretical, applied, case studies. 

  2. Types of lectures mostly used: lectures (mainly in the first part of the course); interactive lessons; laboratory activities; classroom exercises; in the second part of the course, small groups of discussion leaders will be selected to present specific cases to their colleagues under the supervision of the lecturer; interventions of renowned experts (if possible). 

  3. Instrumentation adopted: use of multimedia supports in the classroom - pc and screen; students' pc (if available).

• At the end of the first part of the course, students may submit a written test in English (open-ended questions) on a voluntary basis. Access to notes and materials is not allowed.

  The final exam will be oral (in English).

  Attending the midterm exam will be counted as 50% of the final evaluation, and the final exam will count for the residual 50%. In case of not attending the midterm exam, the final exam will count as 100% of the final mark.

  Both in the oral and the written exam, the student will be required to show their knowledge of constitutional law and fundamental rights protection and the ability to apply it to practical cases. The student is expected to analyse sources and theories independently and use the appropriate legal vocabulary, thus proving that they have acquired a sound study method.

  The evaluation criteria will be: (a) knowledge and ability to understand the handbooks (20% of the total overall assessment); (b) ability to make connections between the handbooks and the case studies (20%); (c) ability to apply knowledge (20%); (d) autonomy of judgment and critical thinking (20%); (e) transposition of acquired knowledge in terms of professional usability (20% ).

  
  

English