Università Roma Tre

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 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 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; A new relationship between the European Union, the State and the economy)

G. Fares (ed.), Lineamenti di diritto pubblico per le scienze economiche, sociali e sanitarie, Giappichelli, 2025, chapters from I to IX

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