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Free University of Bozen-Bolzano

European and Public Law

Semester 1-2 · 27270 · Bachelor in Economics, Politics and Ethics · 12CP · DE · IT


M1
The course Public Law and Fundamental Rights introduces students to the foundations of the Italian legal system and constitutional principles. It focuses on the organization of the State, the protection of fundamental rights and freedoms, and the relationship between national and European legal orders. Special attention is given to the structure of government, the distribution of powers, and the protection of individual and collective rights in the economic, social, and political spheres.

M2
The course offers an introduction to the basics of European law. The objective of the course is to present and analyze the core elements of the European legal system. It will do so in the light of current developments.

Lecturers: Stefania Baroncelli, Hannes Herbert Viktor Hofmeister, Christoph Perathoner, Carla Maria Reale

Teaching Hours: M1: 36 hours M2: 36 hours
Lab Hours: M1: 18 hours M2: 18 hours
Mandatory Attendance: Attendance suggested, but not mandatory

Course Topics
M1-The norms and legal subjects, the legal acts, the sources of law, the structure and the functioning of the State, the protection of fundamental rights (Bill of rights), and the Government of the Italian Regions. Federalism and government. Focus on fundamental rights and freedoms. M2- Historical context of European Integration, Institutions of the EU, EU legal acts and their characteristics, Legal aspects of the internal market, Current issues in EU Law

Propaedeutic courses
None

Teaching format
M1 Lectures M2 Lectures

Educational objectives
ILO (Intended Learning Outcomes) M-1 Public Law and Fundamental Rights ILO 1 Knowledge and understanding ILO 1.1 knowledge of the sources of law and their effectiveness in the domestic and European context; ILO 1.2 concept of the state and horizontal and vertical distribution of power; ILO 1.3 the relationship between the State and the individual and the channels of intervention for regulating the economic and social sphere; ILO 2 Ability to apply knowledge and understanding ILO 2.1 understanding of the effectiveness of legal institutions and their effects; ILO 2.2 understanding of the organisational structure of public institutions and their legitimacy; ILO 2.3 understanding of the constitutional principles on which the Italian legal system is based and its evaluation in relation to other constitutional systems; ILO 2.4 understanding of the channels used by the state to intervene in the private sphere also from a historical perspective; ILO 2.5 use of national and community sources; ILO 3 Making judgements ILO 3.1 Acquisition of the capacity for judgement and methodological tools useful for the critical analysis of data, sources, assumptions and implications of scientific practice, the political, ethical and legal context within which economic phenomena are set and with which they interact ILO 4 Communication skills ILO 4.1 Fluency (oral and written) in Italian, German and English, including translation between these languages. Intercultural competence. Conceptual awareness, synthesis and written expression, particularly in the drafting of scientific or science-based documents ILO 5 Learning skills ILO 5.1 Promotion of critical thinking and analytical skills to focus on complex problems in their long-term dynamics and the variety of their implications, including ethical ones ILO (Intended Learning Outcomes) M-2 European Law ILO 1 Knowledge and understanding ILO 1.1 Knowledge of the sources of Community law and their effectiveness in the systems of states and other international organisations; ILO 1.2 Knowledge of the principles of the internal market (freedom of movement and removal of barriers to trade); ILO 1.3 Knowledge of the role of the European Union at international level and its relationship with other international organisations; ILO 2 Ability to apply knowledge and understanding ILO 2.1 Understanding the effectiveness of legal institutions and their impact; ILO 2.2 Understand the organisational structure of public institutions and their legitimacy; ILO 2.3 Understand the impact and influence of European law on the decisions of individuals and companies, including the impact of legal harmonisation in EU countries; ILO 2.4 Perceiving the balance between economic and social rights within the Union and relations with States; ILO 2.5 the perception of the economic weight of the European Union in the world and its role in the promotion of democratic values and constitutional rights; ILO 2.6 Utilisation of national and Community sources of law; ILO 3 Making judgements ILO 3.1 Acquire the necessary judgement and methodological tools to critically analyse data, sources, assumptions and implications of scientific practice and the political, ethical and legal contexts in which economic phenomena are situated and with which they interact. ILO 4 Communication skills ILO 4.1 Proficiency in written and spoken Italian, German and English, including the translation of these languages. Intercultural competence. Conceptual conciseness, ability to capture facts in writing, especially for scientific and science-based texts ILO 5 Learning skills ILO 5.1 Fostering critical thinking and analytical skills to recognise complex problems in their long-term dynamics and in the diversity of their - also ethical - implications

Assessment
M1 -(i) a final written exam on the entire programme (ILO1.1-1.3, 2, 3) OR (ii) Attending students (optional): 1. mid-term written examination on classes 1-6 accounting for 33% 2. a final written examination on the remaining 7- 18 classes’ program accounting for 67%; 3. active participation to exercises (ILO1.1-3, 2,3, 4.1) M2-Final written exam Knowledge and understanding (ILO1): on the basis of the so-called knowledge questions, it is checked whether students have developed a thorough knowledge and understanding of European and international law. Application of knowledge and understanding (ILO2.1.-2.6): whether the students have learnt to identify and use relevant legal sources relating to European and international law and to use them is tested by means of so-called application questions/case studies. In this way, it is also checked whether they have understood how to interpret complex legal norms. Last but not least, their ability to apply their knowledge of European and international law to real or hypothetical situations. Making judgements (ILO3): in order to check whether students have learnt to make well-founded judgements, so-called problem questions/case studies are used.

Evaluation criteria
In order to pass the exam it is necessary to receive a positive grade in both modules (M1 and M2). The final mark is composed of the average of the marks obtained in the two modules (M1 and M2). It is possible to pass the two modules in two different exam sessions within the same academic year. After that, the positive grade obtained in one of the two modules will not be considered anymore. M1 Public law and Fundamental Rights (i) final written examination consisting of 30 multiple choice questions and 3 review questions (to be chosen among 4). OR (ii) Attending students (optional): 1. mid-term written examination accounting for 33% (25 multiple choice/closed questions) on the program of the first 6 classes; 2. a final written examination accounting for 67% (10 multiple choice questions and 2 review questions to be chosen among 3) on the remaining 7-18 classes’ program; 3. active participation to exercises, as presentation of case-law or report/essay (up to 2 points) • Relevant for assessment for review questions: clarity of answers, mastery of language (both legal appropriateness, grammar and logic), ability to summarize, evaluate, and establish relationships between topics; • relevant for assessment for exercises: ability to appropriately intervene during class debates; knowledge of already discussed topics; ability to critically assess and evaluate legal issues presented in class.; M2-clarity of answers, command of language (both legal appropriateness, grammar and logic), ability to summarize, evaluate, and establish relationships between topics.

Required readings

M1- Baroncelli, Moschella, Morelli, Tiberi, M.P. Vipiana, P. Vipiana, Lineamenti di Diritto pubblico, Giappichelli, 2021 (the pages specified in the Syllabus in Teams)

Extracts from the following books (see Reserve

collection):

• F. Del Giudice, Diritto pubblico comparato, Simone, last

edition

• S. Baroncelli, Profili costituzionali del Trentino Alto

Adige/Südtirol. Lezioni e materiali , Giappichelli, 2015

M2- Streinz, Europarecht, 12.Edition 2023,

Alternatively, you may use Fischer/Fetzer, Europarecht, 12. Edition, 2019.

The exact number of pages will be announced by the professor in class and published in the Reserve Collection once the course has commenced.




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Sustainable Development Goals
This teaching activity contributes to the achievement of the following Sustainable Development Goals.

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Modules

Semester 1 · 27270A · Bachelor in Economics, Politics and Ethics · 6CP · IT

Module A — Public Law and Fundamental Rights

The course Public Law and Fundamental Rights introduces students to the foundations of the Italian legal system and constitutional principles. It focuses on the organization of the State, the protection of fundamental rights and freedoms, and the relationship between national and European legal orders. Special attention is given to the structure of government, the distribution of powers, and the protection of individual and collective rights in the economic, social, and political spheres.

Lecturers: Stefania Baroncelli, Carla Maria Reale

Teaching Hours: 36
Lab Hours: 18

Teaching format
Frontal lectures using power point presentations published in the Reserve Collection of the UNIBZ Library or TEAMS. Discussion in groups on some leading cases. After classes, the most difficult topics are analyzed and explained using examples and interaction with the students by the Lecturing assistant during the exercise hours.

Required readings

M1- Baroncelli, Moschella, Morelli, Tiberi, M.P. Vipiana, P. Vipiana -Lineamenti di Diritto pubblico, Giappichelli, 2021 (the pages specified in the Syllabus in Teams)

Some pages taken from the following books (see Reserve

collection):

• F. Del Giudice, Diritto pubblico comparato, Simone, last

edition

• S. Baroncelli, Profili costituzionali del Trentino Alto

Adige/Südtirol. Lezioni e materiali , Giappichelli, 2015



Semester 2 · 27270B · Bachelor in Economics, Politics and Ethics · 6CP · DE

Module B — European Law

The course offers an introduction to the basics of European law. The objective of the course is to present and analyze the core elements of the European legal system. It will do so in the light of current developments.

Lecturers: Hannes Herbert Viktor Hofmeister, Christoph Perathoner

Teaching Hours: 36
Lab Hours: 18

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