PUBLIC LAW AND TERRITORY SAFETY
DIRITTO PUBBLICO DELLA SICUREZZA TERRITORIALE
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Course partially taught in a foreign language
This course is taught partially in Italian and partially in a foreign language. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language.
Assigned to the Degree Course
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The event that inaugurated the 21st century - the attack on the Twin Towers in New York on September 11, 2001 - gave unprecedented importance to the public good of security in all its dimensions: external and internal security; individual right to security or collective security of rights; safety in the material sense and in the ideal sense. In certain extreme cases, the protection of public security can come to justify the adoption of emergency and exceptional measures that question the foundations of the rule of law, as happened in the emblematic case of the Covid-19 pandemic. That said, the aim of the course is to provide students with the legal categories and methodological tools for framing the public good of territorial security in the various forms of state: absolute, liberal, democratic-pluralist and social. The course will focus on, in particular, the regulatory relevance of security in the Italian constitutional system, in the European space of the internal market, with attention also to the living law of the Constitutional Court and the supreme supranational courts.
Security of rights and right to security
The different faces of security: external and internal security; individual and collective security; safety in the material sense and in the ideal sense
The public good of security in the evolution of the form of state: absolute, liberal, democratic-pluralist, totalitarian, social.
- Security and state of emergency. The case of the Covid-19 pandemic
- Balance between values and principles underlying the public good of security
- Security in the constitutional order
- The European area of freedom, security and justice
- Security in constitutional and supranational jurisprudence
Learning Achievements (Dublin Descriptors)
Knowledge and understanding: The graduate in Law who has taken the examination of Public Law of Territorial Security has an in-depth knowledge of the fundamental rules of public law relating to territorial security and its main institutes, as they emerge in the national but also from the international and EU law. .
Ability to apply knowledge and understanding: The graduate in Law who has taken the exam in Public Law of Territorial Security has the ability to interpret and apply the rules of constitutional law relating to public security also linked to Community law and international law. You also have the ability to find, also through databases, to understand and use the sources of the law in question, the jurisprudence and the relevant data on security matters.
Making judgments: The graduate in Law who has taken the exam in Public Law of Territorial Security has the ability to evaluate the balance between principles, rights and interests in the field of public security
Communication skills: The graduate in Law who has taken the exam in Public Law of Territorial Security has the ability to describe and deepen the legal problems relating to territorial security and the ability to illustrate the logical process that accompanies the problems related to the balance of interests and rights .
Learning skills: The graduate in Law who has taken the examination of Public Law of Territorial Security will have developed the ability to understand the complexity of legal phenomena in the field of public law of territorial security, as well as the ability to independently follow the political-institutional and legal considerations related the current problems involving the aspect of territorial security (legal provisions, jurisprudence but also the relative political discussions linked to the choices made to address the phenomenon of immigration, the economic crisis, citizenship, the pandemic).
The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it
Teaching, Attendance, Course Books and Assessment
The course will mainly take place through lectures in which the active and critical participation of students will be stimulated, especially with classroom discussion, following the illustration of the individual institutes
- Innovative teaching methods
Problem solving learning
At least 3/4 of the total amount of hours
- Course books
1) M Ruotolo, Sicurezza, Dignità e Lotta alla Povertà. Dal “diritto alla sicurezza” alla “sicurezza dei diritti”, Editoriale Scientifica, Napoli, 2012.
2) T.F. Giupponi, La sicurezza e le sue dimensioni costituzionali, in S. Vida (a cura di), "Diritti umani. Trasformazioni e reazioni", Bologna, Bononia University Press, 2008, pp. 275-301 (the text will be provided by the lecturer).
Each student, attending or not, has the right to take the final exam exclusively through an oral discussion concerning the topics covered in the reference texts indicated above. The oral interview method allows to evaluate in the most complete way, as well as the student's communicative ability, the acquisition of the analytical and critical skills required of the student in consideration of the complexity of the topics and arguments covered by the course of which he must demonstrate the knowledge and understanding.
In the aforementioned discussion, the expected learning outcomes will be assessed by formulating three or more questions. The evaluation criteria and scores are determined according to the following scale:
less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes indicated in the point "knowledge and understanding";
18-20 / 30 - sufficient level: the candidate reaches, in particular, the learning outcomes indicated in the point "knowledge and understanding";
21-23 / 30 - fully sufficient level: the candidate reaches, in particular, the learning outcomes specified in the points "knowledge and understanding" and "applied knowledge and understanding";
24-26 / 30 - good level: the candidate reaches, in particular, the learning outcomes indicated in the points "knowledge and understanding"; "Applied knowledge and understanding" and "independent judgment";
27-29 / 30 - very good level: the candidate reaches, in particular, the learning outcomes indicated in the points "knowledge and understanding"; "Applied knowledge and understanding"; "Independent judgment" and "communication skills";
30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes indicated in the points "knowledge and understanding"; "Applied knowledge and understanding"; "Autonomy of judgment"; “Communication skills” and “ability to learn
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