Università degli Studi di Palermo

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Università degli Studi di Palermo

Facoltà di Giurisprudenza

Dipartimento di Studi su Politica, Diritto e Società Dottorato di ricerca su “Diritti umani: evoluzione, tutela e limiti


Legal Interpretation and Human Rights Interpretazione giuridica e diritti umani

_______________________ Palermo, 1 - 8 June 2009 _______________________

The Summer School on “Legal Interpretation and Human Rights” has been organized by the University of Palermo PhD Program on Human Rights jointly with the Brussels

Academy of Legal Theory, the renowned research centre in the field of Philosophy of Law

and the Theory of legal interpretation.

“Legal Interpretation” and “Human Rights” are the focus of two main areas of interest of contemporary philosophical reflection. Since 70’s Legal interpretation has increasingly been a crucial theme in theories of Law. Indeed, lawyers have realized that interpretative practices are essential for the understanding and practice of Law. This has been possible, in particular, thanks to the increasing amount of Bills of Rights enacted all over the world and the related phenomenon of the constitutionalization of legal orders. This process consists in a radical transformation of what we consider a legal order, such that one cannot give any more an account of what a legal order is, without making appeal to the notion of constitutional norms, at least when constitutional forms of state are taken into consideration: indeed, essential features of a constitutional legal order are a written constitution containing a bill of rights and some kind of instruments for judging the legitimacy of norms in the light of constitutional norms. However, these features are necessary but not sufficient for judging that a legal order is a constitutional legal order. We further need to check that there is a legally binding constitution, constitutional


overinterpretation, constitutional norms directly applied by judges, interpretation of legal norms in conformity with constitutional norms, and that constitutions somehow influence political equilibriums.

This explains the significance of the connection between he subject of legal interpretation and human rights.

The Summer School aims at offering some tools for the analysis of the subject of “Legal interpretation and Human Rights”, on the basis of different perspectives and accounts, and favouring the interaction between legal practice and philosophy. What Bobbio named “Age of Rights” will be the main background for understanding how legal culture has understood and changed interpretative practices.

Lectures will be followed by debates. Lecturers are professors from Italian or foreign Universities. The Summer School will be hosted by the Dipartimento Studi su Politica, Diritto e Società (DPDS), piazza Bologni 8, 90134 Palermo. Teaching hours will be 10.00 a.m. till 1.00 p.m. and 3.30 p.m. till 6.30 p.m. Students will receive the materials sent by lecturers, and they will have free access to the Library of the DPDS, as well as to the other libraries of the Law Faculty.

Working languages will be: English, French, Italian, Spanish.

Applications, Conditions of admissions and Certificate of attendance

As established by the Regolamento d’Ateneo of the University of Palermo, the school is open to: students enrolled in the last year of a first level Master degree (having no more than 5 exams still to pass), students holding a first or second level Master degree, PhD students, PhD, Researchers with an interest in legal theory and able to orientate themselves in the subject matters of the courses. No more than 30 applications will be accepted. Every applicant shall fill the form here attached, adding his/her CV. In the case in which a selection will be necessary (if more than 30 applications will be received) the scientific committee will redact a list and a reserve list. Students from the reserve list will be contacted in the case in which students admitted in the list will withdraw.

Students who will have attended at least 80% of the seminar hours will receive a certificate, corresponding to 6 ECTS.


Enrolment and fees

Attached to this call a model of the application form can be found (this is in English, but application forms can be filled out also in French, Italian or Spanish).

This should sent (and received by 8th May 2009), jointly with a CV, a copy of the degrees obtained, a copy of a national ID, and a copy of the payment of pre-inscription fees, to the following address:

Dipartimento Studi su Politica, Diritto e Società, P.zza Bologni, 8 – 90134 Palermo, Italy,

or to the following email address: castiglione@unipa.it

or to the following fax number: +39 091/662.56.29

Pre-inscription fees are not refundable and they amount to 28 euro (25 euro + 3 euro bank expenses)

Registration fees amount to 100 euro, and they also include the costs for the materials and the certificate of attendance.

Pre-inscription and registration payment models will be uploaded on 27th April on the DPDS website (http://www.unipa.it/~dpds/php/) and on the Office for International Cooperation of the University of Palermo website (http://www.unipa.it/coperint/).

Students residing in a foreign country can pay with a credit transfer to Università degli Studi di Palermo, piazza Marina, 61 – 90133 Palermo (IBAN code: IT16G0102004663000300004577 /SWIFT BIC code BSICITRRPA1 – Bank account n. 000300004577 at Banco di Sicilia, ag. n. 100, via Roma, 183, Palermo, Italy), specifying that this is a credit transfer for the payment of pre-inscription fees or registration fees. More information about the payment of pre-inscription fees and registration fees (in particular the payment procedure) will be found on these websites.

Housing and meals

Participants not residing in Palermo can be hosted in the rooms of the ERSU Palermo –

Ente Regionale per il Diritto allo Studio Universitario, at a cost of 5 euro per night.

All participants will have access to University canteens (a meal costs 3.5 euro). For further information, please contact the school secretary.



Director of the Summer School: Prof. Aldo Schiavello

Dipartimento Studi su Politica, Diritto e Società, piazza Bologni 8, 90134 Palermo Italy Tel: +39 091/6625642 Fax: +39 091/6112023 – 091/6625629 – 091/6111268 e-mail: a.schiavello@unipa.it School secretary: Mr Rosario Castiglione

Dipartimento Studi su Politica, Diritto e Società, piazza Bologni 8, 90134 Palermo Italy

Tel. +39 091/662.56.01 Fax +39 091/662.56.29 e-mail: castiglione@unipa.it

Scientific Committee:

Professors B. Celano, G. Pino, I. Trujillo, V. Villa, F. Viola.

The director





Monday 1st June 2009

10.00 a.m.

Prof. Aldo Schiavello, Università di Palermo Presentation

10.30 a.m.

Prof. Mark Van Hoecke, University of Ghent Vague concepts, ideology and interpretation 3.30 p.m.

Juan Ruiz Manero, Universidad de Alicante

Principios jurídicos, objetivos colectivos y derechos individuales

Tuesday 2nd June 2009

10.00 a.m.

Prof. Michel Troper, Paris Constitutional interpretation 3.30 p.m.

Prof. Francesco Viola, Università di Palermo

Legal interpretation, rule of law and human rights

Wednesday 3rd June 2009

10.00 a.m.

Prof. Vittorio Villa, Università di Palermo A pragmatic theory of legal interpretation 3.30 p.m.

Prof. Stefano Rodotà, Università di Roma La Sapienza Diritti umani e proprietà del corpo

Thursday 4th June 2009

10.00 a.m.

Prof. Paolo Napoli, Institut des Hautes Etudes en Science Sociales-Paris

Interpretation juridique, droits individuels et etat d’exception: reflections d’une perspective historique-juridique


Tax payers’ rights, economical interpretation and abuse of law in tax matters: Prof. Robert Attard, University of Malta: The jurisprudence of the ECJ

Prof. Daria Coppa, Università di Palermo: Orientamenti della Corte di Cassazione italiana

Friday 5th June 2009

10.00 a.m.

Prof. George Letsas, University College-London

Right and Wrong Uses of Proportionality in Human Rights Interpretation 3.30 p.m.

Prof. Cristina Redondo, Università di Genova Derechos humanos y autoridad legitima

Saturday 6th June 2009

10.00 a.m.

Prof. John Tasioulas, Oxford University

The Nature and Justification of Human Rights

Monday 8th June 2009

10.00 a.m.

Prof. John Gardner, Oxford University Can There Be a Written Constitution?


To the Director of the

Dipartimento Studi su Politica, Diritto e Società

Piazza Bologni, 8 90144 PALERMO Italy

I undersigned (First name) (Family name), born on (DD/MM/YY) , in (Town, State), resident in (Town, State) , having obtained (title of the degree)/ enrolled in the last year of a 1st level Master degree in (title of the master course)



Documents attached:

1. curriculum vitae et studiorum;

2. copy of the degrees obtained or of the certificate of enrolment in the last year of a 1st level mater degree;

3. copy of a National ID;

4. copy of the payment receipt of the pre-inscription fees, amounting to euro 28




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