Unit ITALIAN AND COMPARATIVE LAW OF ELECTIVE ASSEMBLIES
- Course
- Politics, administration, territory
- Study-unit Code
- A001481
- Curriculum
- Politica e istituzioni
- Teacher
- Francesco Clementi
- Teachers
-
- Francesco Clementi
- Hours
- 42 ore - Francesco Clementi
- CFU
- 6
- Course Regulation
- Coorte 2020
- Offered
- 2021/22
- Learning activities
- Caratterizzante
- Area
- Giuridico
- Academic discipline
- IUS/21
- Type of study-unit
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- The course in Italian and Comparative Law of Electoral Assemblies aims to provide students with an in-depth knowledge of the parliamentary system and its history, with specific reference to both organizational and functional aspects, also for a better understanding of the institutional dynamics in place.
- Reference texts
- - G. Amato - F. Clementi, Forme di Stato e Forme di governo, Bologna, Il Mulino, 2012, pp. 120;
and a handbook to choose between:
- L. Gianniti, N. Lupo, Corso di diritto parlamentare, Bologna, il Mulino, 2018.
- A. Mannino e S. Curreri, Diritto parlamentare, Roma, Franco Angeli, 2019.
Knowledge of the Italian Constitution is also assumed.
In any case, on this subject, reference can be made to:
F. Clementi, L. Cuocolo, F. Rosa, G.E.Vigevani (eds.), La Costituzione italiana. Commentary article by article, Voll. I-II, Bologna, Il Mulino, 2021 (2nd ed.).
The Professor will also give specific handouts about the European Parliament and the experience of the Council of the Umbria Region. In this regard, if you want, we would like to point out for those interested to understand more:
- N. Lupo e A. Manzella, Il Parlamento europeo. Una introduzione, Luiss Press, 2019;
- M. Volpi - F. Clementi (a cura di), Lineamenti di diritto costituzionale della Regione Umbria, Giappichelli, 2017 - Educational objectives
- The learning of the Law of Elective Assemblies is an important tool of knowledge, able to provide the student with notions and critical skills useful both for the study and deepening of other legal disciplines (not only public law), and for the training of specific professionals within the national and European parliamentary administration (as well as regional legislative assemblies). In this sense, the course aims to critically address the current role of the Parliamentary Assemblies, as the privileged seat of national political representation, analyzing the rules and practices governing their organization and functioning, in view of the relations with the other powers of the State and with the party system. The role of the Parliament will then be analysed in the light of the path of European integration, as well as the European Parliament.
The principles governing the organisation and functioning of the Houses of Parliament will also be examined in depth, starting with bicameralism and forms of guarantee of parliamentary autonomy, through to the prohibition of mandatory mandates and the status of parliamentarians. The most important parliamentary functions will also be highlighted (legislative, political, cognitive and control functions, with particular attention to the annual budget session), through the study not only of the relevant regulatory sources (starting from the Constitution and the House and Senate Regulations), but also of the concrete practices consolidated over time and the most relevant constitutional jurisprudence and, therefore, with a case-by-case approach (also through simulations and practical exercises).
Finally, the main elements of the Regional Legislative Assemblies will be highlighted. - Prerequisites
- It would be good to have passed the examination of Public law.
- Teaching methods
- Frontal lectures, also with the use of slides and the participation of experts for individual themes.
In the modalities of checking the learning and as far as the lessons are concerned, in case the health emergency continues to require it, the teaching will be carried out in mixed mode. - Learning verification modality
- oral exam.
In the modalities of checking the learning and as far as the lessons are concerned, in case the health emergency continues to require it, the teaching will be carried out in mixed mode. - Extended program
- 1. Parliamentary law and constitutional law. 2. The evolution of parliamentary law: the history of parliamentary regulations. 3. The sources of parliamentary regulations. 3.1. The Constitution and constitutional laws. 3.2. The general regulations of the Chamber of Deputies and the Senate of the Republic: subject matter, adoption procedure, justifiability. 3.3. Special and minor regulations. 3.4. The ordinary laws of the state. 3.5. The problematic nature of the statutes and regulations of the parliamentary groups. 3.6. The sources-fact: customs, conventions, practices. 4. The status of parliamentarians. 4.1. The prohibition of mandatory mandate. 4.2. Parliamentary immunities. 4.3. Parliamentary allowance. 4.4. Ineligibility, incompatibility and incandidability. 5. Parliament and its organisation. 5.1. The bicameral structure. Parliament in joint session. 5.2. The President of the Assembly and the Bureau. 5.3. The Conference of Group Leaders. 5.4. The Standing Committees. Special Commissions and Juntas. 5.5. The parliamentary groups. 6. Parliamentary functions and procedures. 6.1. Planning of work in plenary and in committee. 6.2. The legislative function. Ordinary legislative procedure and special procedures (in particular budget session and fulfilment of EU obligations). 6.3 The political steering function. Motions, resolutions, agendas. Management of the fiduciary relationship with the government. 6.4. The monitoring function. Questions, interrogations and committees of inquiry. Parliamentary information. 6.5. Parliamentary deliberations and voting discipline. 7. The Italian Parliament and the European Union. 7.1. The principle of subsidiarity and the role of national parliaments. 7.2. Interparliamentary cooperation. 8. The publicity of parliamentary work.
9. The European Parliament.
10. The legislative assemblies of certain countries of stabilised democracy (France; Germany; Spain; United Kingdom).
11. The Regional Legislative Assemblies and in particular the experience of the Region of Umbria)