RSPC11 - LAW OF ORDER AND PUBLIC SECURITY

courses

ID:

RSPC11

Duration (hours):

48

CFU:

SSD:

ISTITUZIONI DI DIRITTO PUBBLICO

Located in:

CHIETI

Url:

Course Details:

SOCIAL RESEARCH, SECURITY POLICY AND CRIMINAL STUDIES/CORSO GENERICO Year: 1

Year:

2025

Course Catalogue:

https://unich.coursecatalogue.cineca.it/af/2025?co...

Date/time interval

Secondo Semestre (01/03/2026 - 31/05/2026)

Course Objectives

The training objectives focus on acquiring knowledge of the basic issues concerning public order and security in the Italian legal system, with a special focus on the balance with the protection of fundamental rights. At the end of the course, the students will be fully aware of the tasks and function of the security police in the constitutional system and will know the general principles ruling its activities; they will be finally able to recognize the specific problems which ar relevant for the security actors (both in general and with special reference to the specific field of urban security) and to critically assess and the corresponding solutions given by the legislator.

Course Prerequisites

None. The course is especially suited for students who already know the fundamental notions of Public Law.

Teaching Methods

The teaching method is characterized by lectures (frontal classes) focused on the analysis of relevant legislation and case law. The students’ active participation will be encouraged.

Assessment Methods

Oral final exam

Texts

GENERAL PART: R. URSI, La sicurezza pubblica, Bologna, Il Mulino, 2022
SPECIAL PART: R. SELMINI, Dalla sicurezza urbana al controllo del dissenso politico. Una storia del diritto amministrativo punitivo, Roma, Carocci, 2020
and (both texts)
A. MUSUMECI, Sicurezza o ordine pubblico? Note critiche sul più recente uso delle politiche securitarie in chiave repressiva, in Rivista AIC, n. 3/2025, pp. 1-13 (open access, available at: https://www.rivistaaic.it/it/rivista/ultimi-contributi-pubblicati/angela-musumeci/sicurezza-o-ordine-pubblico-ideale-note-critiche-sul-piu-recente-uso-delle-politiche-securitarie-in-chiave-repressiva)

The course consists of an introductory part, of a general nature, and of a special part. The introductory part will be dedicated first of all to reconstructing the meaning of public order and security in the Italian constitutional system and to analyzing the relationship (conflicts and balance) between the needs of protection of the corresponding interests and the needs of protection of fundamental rights: in so doing, special attention will be paid to the evolution of the constitutional case law on the matter. The regulatory and administrative architecture of public order and safety will also be illustrated (sources, subjects, competences, functions, organization, measures that can be adopted by the police force: among the latter, particular attention will be dedicated to prevention measures, for their repercussions on the protection of the fundamental rights of the recipients and for the consequent balancing needs, highlighted by the case law of both the Italian Constitutional Court and the European Court of Human Rights. The special part will focus on the issue of urban security : the evolution of the Italian legislation over the last two decades will be analyzed and the most problematic aspects of this legislation will be highlighted, with specific reference to the balance made in it between the needs of guaranteeing public order and security and the need to protect the fundamental rights of the recipients of restrictive measures.

Course Language

Italian

More information

E-mail: pietro.masala@unich.it Office hours: before and after classes, on appointment; also on Microsoft Teams, on appointment (please send an e-mail).