5026 - INTRODUCTION TO THE LEGAL SYSTEM II

The main purpose of this course is to introduce the students to the principles of Italian public law within the context of the European Union. Particular attention is given to the fundamental principles of Italian constitutional and administrative law and the impact European law has on both these areas. Basic notions of comparative public law are also dealt with.

1. General Introduction: obstacles to be overcome when studying the legal system of one country in the language of another legal translating techniques legislative drafting and methods of classification used in the analysis of Italian and comparative constitutional and administrative law.
2. Sources of law in the context of the Italian legal system: the constitution, constitutional statutes, ordinary statutes, law decrees, delegated legislation, statutory instruments and administrative acts. The relationship between European law and domestic legislation. Reforming the constitution.
3. The Italian form of government: the relationship between Parliament, Government and President of the Republic.
4. The Constitutional Court: composition, role and functions. Classification of the Court's judgments and analysis of its decision-making techniques. The fundamental aspects of the American and European models of constitutional review.
5. Political, economic and civil rights and related safeguards as provided for the Italian constitution.
6. Regional and local government: Italian regionalism and constitutional reform.Legislative powers, administrative powers, financial relations and regional funding, national coordination of regional activities. Functional and structural asymmetry with particular reference to special and ordinary regions in Italy, the regional system adopted in Spain and devolution process in the United Kingdom. The relationship between the European Union and sub-national entities.

• English text of all legislation studied or referred to during the course (translated by/under the supervision of Justin Frosini).
• Selected parts (in English) of Italian Public Law textbooks as indicated at the beginning of the course.
• Abstracts from American and European public law journals as indicated at the beginning of the course.

In accordance with the instructor, students may do part of the exam during the semester by taking part in classroom exercises based on the course syllabus.