Multilevel protection of weak subjects

knowledge and understanding: the course of lessons will allow the student to know the issue of the inviolable rights of man in order to gain greater sensitivity on important social issues. The course of lessons will focus on the paths of protection of fundamental rights, paying particular attention to those of the weak subjects. The protection of these rights will be analyzed taking into consideration multiple "levels". Firstly, with reference to the role of the legislator and the public administration. Furthermore, the role of both national judges and the Constitutional Court will be examined. Finally, attention will also be paid to the supra-state "level", with particular reference to the European Convention on Human Rights and the Court of Strasbourg and to the Charter of Fundamental Rights of the European Union and to the role of the EU Court of Justice. 

applying knowledge and understanding: the student must be able to identify the various levels of protection that can be activated to protect the rights of the weak subjects, distinguishing the role and functions of the various institutional subjects involved. 

making judgements: the student must be able to assess whether legislation complies with the constitutional provisions aimed at protecting fundamental rights. The same must happen with reference to supranational documents to guarantee these rights. 

communication skills: the student must know the legal terminology and must not encounter difficulties in understanding and exposing a normative act. If necessary, he must be able to clearly communicate the object of a legal text, summarize the fundamental points and grasp the possible implications. Furthermore, it must be able to compare several measures, sometimes even genetically produced outside, for example in the European Union. These skills will be useful to the graduate for future employment relationships, having to have gained confidence with European law, increasingly relevant in many areas of discipline.

learning skills: the student must have acquired learning skills such as to be able to face independently any legal problems with which he will be called to confront.

The course will take place through lectures and will end with an oral exam

Knowledge of the main current issues, represented by the institutional, political and social events in relation to which the law is an instrument capable of offering rules and solutions.

Highly recommended for a better understanding of the topics covered.

Non-attending working students can contact the teacher directly for clarification on the course. For Erasmus students, it is possible to agree on the exam program after an interview with the teacher.

The course of multilevel protection of weak subjects focuses on the identification of who can be identified as a weak person. The protection paths that take place on the legislative and administrative level will be focused. Furthermore, with reference to the fundamental rights of these subjects, judicial protection, both national and supranational, will be analyzed.
The course will take place in 14 lessons of frontal teaching, some 2 hours and other 3 hours, for a total of 36 hours of lessons.
During the course of the course, "study groups" will be organized, the participation to which will be absolutely optional. Each group, on the basis of a topic agreed with the teacher, will receive specific teaching materials aimed at deepening an issue. Based on this, the students who will have joined the "study group" will undertake to analyze the chosen topic and, at the end of this study work, to illustrate to the class the outcome of their in-depth study.

E. Malfatti, I “livelli” di tutela dei diritti fondamentali nella dimensione europea, 3ª edizione, Giappichelli, 2018, limited to a: Cap. I, II, III and Conclusioni, 3-309;

The study of the manual indicated above is sufficient for the preparation of the subject. However, if during the study doubts or perplexities arise on some legal institutions referred to in the manual, as well as for a better understanding of the topics covered during the course, students may consult a manual of Public Law Institutions if necessary. For this purpose, reference can be made to the following text: 

F. Giuffré, I. Nicotra, F. Paterniti, Diritto Pubblico e Costituzionale, 6ª edizione, Giappichelli, 2022. 

During the study it is necessary the constant consultation of the normative texts recalled both in the lesson and in the manual. To this end, you can use the following collection of laws:

AA. VV., Leggi fondamentali del diritto pubblico e costituzionale, 46ª edizione, Giuffré, 2022.

The exam will take place on the basis of an oral discussion

THE EXAM WILL BE CARRIED OUT ON THE BASIS OF A REASONED AND ANALYTICAL DISCUSSION, DURING WHICH THE STUDENT WILL DEMONSTRATE THE ABILITY TO ARGUMENT THE PROPOSED LEGAL THESIS, HIGHLIGHTING THE CONNECTIONS BETWEEN THE VARIOUS LEGAL INSTITUTIONS CONCERNED. FOR THIS REASON, EACH TOPIC SELECTED DURING THE EXAMINATION IS NOTHING BUT THE INITIAL INPUT OF A LARGER DISCUSSION. BY TITLE ONLY AS AN EXAMPLE, THE DISCUSSION COULD START FROM ONE OF THE FOLLOWING QUESTIONS:

Who can be considered a "weak subject"?

What is a fundamental right?

What is the relationship between the Form of State and the protection of individuals' rights?

What role does the legislator have in the protection of rights?

How can the public administration intervene in the field of rights protection?

What is the fundamental principle of jurisdictional protection?

What role do ordinary and administrative judges have?

What functions does the Constitutional Court perform?

What are the paths of protection of the rights envisaged by the European Convention on Human Rights?

What are the protection paths envisaged by the European treaties?