Università degli studi di Modena e Reggio Emilia

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Teachers

Luca VESPIGNANI

Overview

The course is intended to introduce students to the Italian regional system both in terms of organization and functional aspects, especially pointing attention on the relationship between central government and local authorities, whose role was improved after the constitutional reforms carried out between 1999 and 2001. In particular, it is intended to develop their ability to adequately consider this institutional dimension in the reconstruction of the system of normative sources and to orient in front of the executive/administrative tasks carried out by public authorities.

Admission requirements

Knowledge of the principal issues of the public Law in general

Course contents

From a premise on the general characteristics of the form of state resulting after the reform of Title V of the Italian Constitution, the course is divided into three modules. In the first one, dedicated to the study of the form of regional government, will be examined the major organs of the local institution (President, Executive, Legislative Council, Council of local authorities) in the perspective of statutory autonomy recognized by art. 123 of the Constitution. In the second one, will be analyzed the functions attributed to the regions by Title V of the Constitution, with specific regard to legislative/regulatory and administrative ones. In the third one, will be addressed the issue of relationships with the central government, especially in view of the role played in this regard by the Constitutional Court.

Teaching methods

The course is mainly held through academic lessons, in order to encourage the active participation of students, also through the study of case law of particular importance. Particular attention will be paid to the interaction with other doctrines of the degree course, especially with the constitutional law, the law of local authorities and the administrative law. Students have also the possibility to attend to seminars and meetings dedicated to specific actual topics and, in order to encourage their active participation, they can require the assignment of a task of research on a specific topic referable to the judgments of the Constitutional Court, on which, with the support of the professor, they will report orally to their colleagues, receiving an assessment that should be considered in the final examination.

Assessment methods

The examination takes place mainly in oral form. Alternatively, students attending the Course, who have taken charge of one of the reports on the jurisprudence of the Constitutional Court assigned by the professor during the lessons, may take a written test with thirty multiple-choice questions. In this case, the final grade will result from the combination of the two scores achieved. Both the verification procedures will be intended to establish the student’s possession of sufficient capacity to critically use the knowledges acquired. In particular, in the first one, the examination will be conducted to determine whether the examinee is able to establish connections between different subjects and to apply categories learned, arguing effectively the solutions proposed. And a similar standard of judgment will be applied in the second one, with regard to the evaluation of the reports on the constitutional jurisprudence.

Learning outcomes

The organization of the Course and the evaluation methods adopted aim to equip the students with a solid basic knowledge, to hone their language and communication skills in both written and oral field and to develop a critical approach to the legal text, also for the future application of acquired knowledge to practical cases.

Readings

Paolo Caretti, Giovanni Tarli Barbieri, Diritto Regionale, Torino (Giappichelli), ultima edizione disponibile