Corsi di Studio del Dipartimento di Giurisprudenza

The course is devoted to the constitutional law in force in the EU member states, examined according to the political criteria established in Copenhagen as a requirement for EU member states: "stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities". Some references will be made in class to the constitutional law of the United Kingdom and the United States of America.

The course aims to foster knowledge and understanding of constitutional organisation and fundamental rights in the countries of the European Union, with some elements from non-EU systems such as the United Kingdom and the United States.

By the end of the course, students are expected to have acquired the ability to apply the theoretical skills learned from studying the textbook to the study of issues relating to the constitutional law of other European legal systems, and to the identification of answers to practical and operational questions that may arise in the context of this subject.

The course aims to develop the ability to adopt an autonomous intellectual approach in the framing and resolution of such issues, as well as to promote critical thinking in the analysis of different legal systems, which continually pose food for thought regarding the variety of possible approaches and solutions to a given issue.

For attending students, these results will also be achieved through the research and case presentation activities that they will be required to undertake.

The teaching programme for all (attending and non-attending) coincides with that of the adopted textbook (see below), i.e:

• The countries of the European Union and the Copenhagen criteria
• Forms of government: the division of powers; bicameralism; electoral systems
• Forms of government: parliamentary form of government; semi-presidential form of government
• Federalism and regionalism
• The sources of law: constitution, constitutional revision, organic laws, referendums
• The sources of law: laws, government acts, international sources
• The judiciary
• Constitutional justice
• Human rights
• The principle of equality
• Equality between men and women
• The legal protection of minorities

In addition, in-depth activities are proposed for attending students as described below.

For attending students, the teaching is carried out as follows.

Part One - Prof. Riccardo de Caria, corresponding to Chapter II, Sections II and III, and Chapter III

Traditional face-to-face lectures dedicated to the judiciary, constitutional justice and fundamental rights / principle of equality. This part will be the focus of the pre-application on 22.11.

Part Two - Dr Claudia Nasi, corresponding to Chapter I and Chapter II, Section I

The second part of the course, in addition to having as its aim the transmission of content and notions concerning the specific topics dealt with in the textbook, is aimed in particular at strengthening the skills of producing written works on legal matters.

For this reason, after an initial introductory and explanatory lecture, this part of the course will be organised in blocks of 4 hours, during which each student will have the task of producing - in accordance with the drafting methods indicated by the lecturer and through the exclusive use of the material provided by the lecturer - a written paper on a topic covered by the course programme and distinct for each student. The use of IT tools will not be permitted for the production of the written paper. The paper will be immediately examined by the lecturer, who may return it to the student for any corrections and additions until a satisfactory level is reached.

The assessment for this part of the course will correspond to the highest mark obtained by the student in the various written papers produced in class.

N.B. In order to maintain attendance on the list of attending students, absence from a maximum of one of the meetings dedicated to the drafting of written papers is permitted.

14.11.2024 - Prof. Riccardo de Caria

Short presentations by attending students on sentences or other materials assigned by the lecturer at the beginning of the course (after the registration deadline of 9.10). More details will be provided in class.

22.11.2024

Final exercise (pre-application)

In order to be able to proceed with the lecturers' assignments, the attendance list must be established at the beginning of the course: deadline Wednesday 9.10. In order to be included in the attendance list, you must register in the appropriate form on Moodle: https://elearning.unito.it/scuolacle/mod/choicegroup/view.php?id=171982

In 2024/25, lectures will be held on Thursdays and Fridays as follows.

September

26-27 NO LECTURE

October

3-4-10: 10.30-14.30 (de Caria)

11: 11-13 (de Caria)

17: 9-11 a.m. (Nasi)

18-24-31: 9-13 (Nasi)

November

7: 9-13 (Nasi)

8: 9-11 (Nasi)

14: 10-14 (de Caria) (student presentations)

22: 11-13 (de Caria) (IT classroom exercise)

Final examinations are held for all in written form in the computer room (with classroom PCs) using Moodle, on a dedicated examination page(https://elearning.unito.it/scuolacle/course/view.php?id=4138). See instructions in advance in the teaching materials and on the Moodle page of the course: https://elearning.unito.it/scuolacle/course/view.php?id=1823).

The examination consists of two questions. Each question is awarded a mark of up to 15.

Conditions for attending students

Attending students (duly registered for the form on Moodle by the indicated deadline of 9.10) have the possibility of taking the exam in a facilitated manner

This possibility is only available once at the end of the course, on Friday 22.11 at 11 a.m. - 1 p.m.

The examination will be organised as follows

• two questions on the part of the programme covered by Prof. de Caria's lectures.

The part of the book that is the subject of Prof. Nasi's lectures will instead be assessed with her activities, as described above, and will no longer be subject to assessment at the exam on 22.11.

The final grade will result from the average of the grades obtained in Dr Nasi's part and in the pre-application of 22 November.

Finally, the presentation assigned for 14.11 will also be taken into account in the final grade, which may entitle the student to an additional mark of up to 3 points (in the case of a starting grade of 30, he/she will be entitled to a mark of 30 cum laude).

For non-attending students, the two questions may be on any topic covered by the textbook. Of course, non-attending students may also achieve full marks, including honours.

The teachers are available for any teaching-related needs, subject to appointment to be requested by writing to their respective email addresses.

In order to proceed with the lecturers' assignments, it is necessary for the list of participants to be finalised by the first week of classes: deadline Wednesday 9.10. In order to be included in the list of participants, it is necessary to register in the appropriate form on Moodle: https://elearning.unito.it/scuolacle/mod/choicegroup/view.php?id=171982

Students are also invited to take note of the detailed programme of class days and times, which can be found above.

Any DSA students or students with special learning needs are asked to contact the lecturers before the start of the course in order to define together the study and examination methods best suited to their needs.

Please note that two pages have been published with useful information for students with disabilities or DSA.

The pages are as follows

- Students with disabilities: https://www.giurisprudenza.unito.it/do/home.pl/View?doc=/Studiare/disabilita.html

- students with DSA: https://www.giurisprudenza.unito.it/do/home.pl/View?doc=/Studiare/dsa.html