Programme

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 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 finance and control system (Constitutional principles and European-derived principles; Constitutional legislation and new framework of European economic governance; The State budget; Financial coverage of laws; Harmonization of the accounting systems of territorial entities; Financial and economic accounting; Equalization of the general state financial statement and the regional financial statements; Main categories and types of controls; Controls on territorial autonomies and new institutional context; Consultative functions; Constitution and public company participation; Exercise of the nomophylactic function; The Court of Auditors and its institutional position: the referent function; Notes on the treasury liability of public administrators and employees)
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; Signs of a new relationship between the European Union, the State and the economy)
Regulated markets, banking supervision and local finance (Market regulation and protection of competition: activities, functions and sanctions of the Competition and Market Authority; The European Banking Union: the prudential supervision function of the ECB and relations with the Bank of Italy; Business and corporate models; The cooperative system; Companies in public hands; Financial education and protection of savings)
The awarding of public contracts (Public tender procedures: concept, systematic framework, historical-regulatory evolution; 2. Relations with EU law: from the first directives to the new public procurement code (legislative decree no. 36/2023); The general super-principles: result, trust and access to the market; The other principles: good faith; protection of trust; solidarity; horizontal subsidiarity; administrative self-organization; contractual autonomy; preservation of balance; cost-effectiveness; transparency; environmental sustainability: the so-called green economy; protection of competition: non-discrimination, access for SMEs, division into lots and prohibition of artificial aggregations; The system of sources; The Rup and the awarding phases; Programming and design functions; Contractor selection procedures and award criteria; Procurement and concession; The awarding of mixed contracts; Contract execution; Special sectors; The protection system; Public contracts and emergency management)

Core Documentation

G. Fares (ed.), Lezioni di diritto pubblico per le scienze economiche, sociali e sanitarie, Giappichelli, 2026, chapters from I to VII plus X

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

Reference Bibliography

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Type of delivery of the course

Lectures will be held in presence

Attendance

Attendance is recommended

Type of evaluation

Oral exam at the end of the course, three questions for any candidate and mark based on reasoning and analysis ability regarding the various topics of the exam program