ISTITUZIONI DI DIRITTO PUBBLICO

Academic Year 2026/2027 - Teacher: IGNAZIO SPADARO

Expected Learning Outcomes

The course aims to provide students with a sound foundation in the Italian constitutional and institutional system and in the core principles of Public Law. It also introduces the interaction between the national legal order and the European Union and international legal systems, thereby fostering the knowledge and transferable skills required for active citizenship and future professional development.

Knowledge and Understanding

Upon successful completion of the course, students will have acquired a basic understanding of the constitutional framework governing the rights and duties of citizens, the organisation and functioning of public institutions, and the fundamental principles of the Italian legal system. They will also understand the hierarchy and operation of the sources of law and their relationship with European Union and international law, enabling them to interpret legal texts within their broader legal and institutional context.

Applying Knowledge and Understanding

Students will be able to apply the legal concepts and principles acquired during the course to practical cases, identify the legal issues arising from institutional and social phenomena, and understand the evolution of the constitutional and regulatory framework.

Making Judgements

Students will develop the ability to critically assess institutional processes and legal developments through the application of fundamental principles of constitutional law and basic legal reasoning. They will also be able to integrate the knowledge acquired with perspectives from related disciplines and to formulate independent and well-reasoned legal arguments through guided discussion and problem-solving activities.

Communication Skills

Students will be able to communicate legal concepts accurately and effectively using appropriate legal terminology. They will also develop the ability to present complex legal issues in a clear and accessible manner to both specialist and non-specialist audiences.

Learning Skills

Students will develop the ability to pursue independent learning by identifying appropriate sources for further study and legal research, including academic publications, specialised journals, legislation, case law, and professional legal databases.

Organisational and Transferable Skills

Students will acquire organisational and teamwork skills that will enable them to plan and manage tasks involving the analysis and resolution of legal issues, both independently and collaboratively. These skills will support their future academic studies and professional development.

Course Structure

The course is delivered through lectures, the analysis of judgments of the Italian Constitutional Court, and seminars conducted by legal practitioners and distinguished scholars with recognised expertise in the field.

Required Prerequisites

There are no formal prerequisites.

Nevertheless, students are expected to have a good command of the Italian language. Where appropriate, support measures for international students may be arranged in accordance with the Degree Programme Regulations.

Attendance of Lessons

Attendance is highly recommended but not compulsory.

Students who attend at least 80% of the scheduled classes may be offered the opportunity to complete a written assessment on selected topics covered during the lectures. For students with special needs, FORMALLY CERTIFIED by the competent University bodies (e.g., working students), a 60% attendance rate at lectures is sufficient.

Detailed Course Content

The course programme covers, at a basic level, all the main topics of Public and Constitutional Law, with particular reference to the Italian legal system. A detailed description of the topics covered and the relevant bibliography is provided in the Syllabus.

Textbook Information

Students are expected to prepare for the examination using the following textbook: F. Giuffrè, I.A. Nicotra, and F. Paterniti, Diritto Costituzionale e pubblico, Giappichelli, 2025.

For attending students only, additional reading materials may be assigned in the form of selected scholarly articles, which will be made available through the Studium e-learning platform.

ERASMUS stutends can agree on a special program with the professor to help to overcome possible language obstacles.


All students are also strongly encouraged to consult the text of the Italian Constitution and the principal legislative sources discussed in the textbook throughout the course.

Course Planning

 SubjectsText References
1 General theory of the State.Pt. I, Ch. I, Secs. 1–2; Pt. I, Chs. II and IV; Pt. II, Ch. VI, § 1.
2The Constitution and constitutional sources of law.Pt. III, Ch. I, Sec. 3 (§§ 3.0 and 3.1).
3Acts of Parliament.Pt. III, Ch. I, Sec. 3 (§ 3.2.1).
4Non-parliamentary statutory acts.Pt. III, Ch. I, Sec. 3 (§ 3.2.2).
5Abrogative referendums.Pt. III, Ch. I, Sec. 3 (§ 3.2.3), Ch. II (§ 8.4).
6Subordinate legislation.Pt. III, Ch. I, Sec. 3 (§§ 3.3, 3.4, 3.5, 3.6 and 3.7).
7The Italian legal system facing EU and International lawPt. I, Ch. I, Sec. 3; Pt. III, Ch. I, Secs. 4 and 5.
8Sources of law and the interpretation of legal texts.Pt. III, Ch. I, Secs. 1, 2
9The supreme principles of the Italian legal system (Articles 1, 2, 3 of the Constitution).Pt. I, Ch. III, Sec. 1 (§§ 1.1, 1.2, 1.3, 1.4).
10The supreme principles of the Italian legal system (Articles 4, 5, 6, 9, and 12 of the Constitution).Pt. I, Ch. III, Sec. 1 (§ 1.6, 1.8 and 1.10)
11Reinforcement.See above
12Statutory reservation. The Judiciary.Pt. III, Ch. I, Sec. 2 (§ 2.7); Pt. II, Ch. V.
13Fundamental rights and freedoms (Articles 13 and 14 of the Constitution).Pt. I, Ch. III, Sec. 2 (§§ 2.1 and 2.2).
14Fundamental rights and freedoms (Articles 15 and 21 of the Constitution).Pt. I, Ch. III, Sec. 2 (§§ 2.3 and 2.8).
15Fundamental rights and freedoms (Articles 7, 8, 19, and 20 of the Constitution).Pt. I, Ch. III, Sec. 1 (§ 1.7) and Sec. 2 (§ 2.7).
16Fundamental rights and freedoms (Articles 16, 17, and 18 of the Constitution).Pt. I, Ch. III, Sec. 2 (§§ 2.4, 2.5 and 2.6).
17Constitutional duties.Pt. I, Ch. III, Sec. 4, and Ch. II, Sec. 2 (§ 2.10).
18The social groups.Pt. I, Ch. III, Sec. 3.
19Organisation and functions of Parliament.Pt. II, Ch. I (§§ 1, 2, 3, 4, 5, 6, 10, 11, 12, 13 and 14).
20The legal status of Members of Parliament.Pt. II, Ch. I (§§ 7, 8 and 9).
21The President of the Republic.Pt. II, Ch. II.
22Genesis of the Government and relations with the Parliament.Pt. II, Ch. III, §§ 1, 2, 3, 4.
23Members and functioning of the Government.Pt. II, Ch. III, §§ 5, 6, 7
24The Public AdministrationPt. II, Ch. IV
25The territorial organisation of the Republic.Pt. II, Ch. VI (§§ 1, 2, 3, 4, 5, 6)
26Relations between the State and regional and local authorities.Pt. II, Ch. VI (§§ 7, 8, 9)
27Constitutional adjudication.Pt. III, Ch. II (§§ 1, 2, and 3; §§ 4, 5, 6, 7).
28The direct access to judicial review of legislation.Pt. III, cap. II, § 8.1.2.
29The indirect access to judicial review of legislation.Pt. III, cap. II, § 8.1.1.
30The inter-organ conflicts of attribution.Pt. III, Ch. II (§ 8.2.1).
31The State-Regions conflicts of attribution.Pt. III, Ch. II (§ 8.2.2).
32ReinforcementSee above

Learning Assessment

Learning Assessment Procedures

The assessment of the knowledge and skills acquired by students will be carried out through an oral examination.

However, attending students will also have the opportunity to take a written theoretical and practical test covering selected topics addressed during the lectures. If the result of this test is above the pass threshold and, in any case, upon the student's request, it may be taken into account for the purposes of the final assessment.

Examples of frequently asked questions and / or exercises

The oral examination may include questions based on one or more of the following topics (by way of example only):

  • the constitutional protection and limits of freedom of expression;
  • the parliamentary system of government in Italy;
  • the role, organisation, and functions of the Consiglio Superiore della Magistratura – CSM;
  • the relationship between the Italian legal system and the European legal order;
  • the legal effects of judgments of the Italian Constitutional Court declaring legislation unconstitutional.