Public law (2020/2021)



Course code
4S00457
Credits
6
Coordinator
Giovanni Guiglia
Academic sector
IUS/09 - PUBLIC LAW
Language of instruction
Italian
Teaching is organised as follows:
Activity Credits Period Academic staff Timetable
Lezione 3 Sem. 2A, Sem. 2B Giovanni Guiglia

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Laboratorio 3 Sem. 2A, Sem. 2B Giovanni Guiglia

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Learning outcomes

General Learning outcomes Knowledge and understanding - Knowledge and understanding of the rules governing social services organizations - Knowledge and understanding of the main legal instruments made available to social workers by their institutions Ability to apply knowledge and understanding - Ability to integrate their professional work with the main aims of their institutions - Ability to know and respect the limits given by the legal apparatus to their actions - Ability to make full use of the legal instruments made available by their institutions. SPECIFIC OBJECTIVES Main aim of the course is to provide students with the knowledge of the principles, rules, main concepts and arrangements of the public law with particular regard to our Constitution in order to make the future social workers able to understand properly the rules governing social services institutions and use the legal instruments at their disposal. Secondly the course wants to provide future social workers with the knowledge necessary to know and understand the limits given by the legal apparatus to their actions.

Syllabus

To facilitate the learning and implementation of the knowledge involved, the course, after an indispensable introductory theoretical part, develops through the analysis of a large jurisprudential case series. In particular, the teaching considers the fundamental elements of Italian public law, emphasizing the constitutional principles that inspire it and its realization. In this perspective, after an introductory part dedicated to the State and to the evolution of its forms, useful for understanding the current features of the European Union, the Italian constitutional organization is being analyzed, with particular regard to the system of competences that characterizes our regional state; the system of sources of law; the system of multi-level recognition and protection of fundamental rights, especially social rights, with particular attention to the right to health and the right to social assistance; all elements that are indefectible for the correct and responsible development of future professional activities in a social context ineluctably projected towards an "open social citizenship".
Summary:
1. The State, its forms and public bodies.
2. The European Union: outline.
3. The Italian constitutional organization.
4. In particular: regional organization and local government.
5. The sources of law: general notions.
6. The protection of rights: Judges and Constitutional Court.
7. Basic constitutional rights.
8. In particular: the right to health.
9. In particular: the right to social assistance.
10. Multilevel protection of rights: anthology of legal texts and cases law.
To allow students to acquire the skills indicated, the topics on the program will deal not only with lectures, but also with various tutorials, by means of slides having as object the theoretical profiles of the topic and essential case law associated with them.

Assessment methods and criteria

Examination procedure
Objectives of the tests
The exam is aimed at ascertaining:
• the knowledge of the topics in the program;
• the ability to expose them with an appropriate legal language;
• the capacity to link the acquired knowledge in a systemic way;
• the analytical and argumentative skills;
• the ability to apply the logical-legal schemes emerged from the topics and, in particular, from the case law studied addressed in the second part of the course.

Contents and methods of the tests
The examination is based primarily on the reference text indicated below, limited to the following chapters:
I, II, III, IV, VI, VII, IX, X, XI, XII (up to page 221), XIII.
The exam is divided into two written tests, concerning potentially all the topics scheduled and carried out on the same day, one after the other.
The first test consists of a multiple-choice test, consisting of 20 questions and evaluated out of thirty; for every error or answer not given, 2 thirtieths are subtracted from the maximum score achievable (30/30); the test lasts 30 minutes and is considered passed if the student gets at least 16 thirtieths (16/30). The first test will be correct at the end of the same and the results are immediately announced to the candidates, who must therefore ensure their presence in the classroom also in the hour following the conclusion of the test. It then continues with the second test, which is allowed only to students who have obtained at least 16 thirtieths in the first test.
The second writing test consists in two questions proposed by the examining commission. Students have to respond in 50 minutes and in no more than 20 lines for each answer to the questions.
The exam is considered passed if the arithmetic average of the grades obtained in the two tests corresponds at least to the final grade of 18/30. The final grade is however rounded up to the whole number superior.
The final grades of the examination will be published on the Graduate's Web page at the "Notices".

Reference books
Activity Author Title Publisher Year ISBN Note
Lezione R. BIN, D. DONATI, G. PITRUZZELLA, LINEAMENTI DI DIRITTO PUBBLICO PER I SERVIZI SOCIALI (Edizione 3) G. Giappichelli editore 2019 9788892129924
Laboratorio R. BIN, D. DONATI, G. PITRUZZELLA, LINEAMENTI DI DIRITTO PUBBLICO PER I SERVIZI SOCIALI (Edizione 3) G. Giappichelli editore 2019 9788892129924