The course provides the basics of European constitutional law through a review of supranational law sources and its functioning between national and European legal systems. Moreover, the course aims to open a debate on the basic structure of the EU form of government, on the functioning of European institutions, and on the protection of fundamental rights at supranational level.
scheda docente
materiale didattico
- The idea of a European Constitution and European constitutional law. The European constituent process
- The thesis of the European democratic deficit and the question of the "European Demos"
- The stages of European integration: from "Ventotene" to Lisbon
- The Lisbon Treaty in the light of multilevel constitutionalism. The strengthening of the European constitutional heritage and the constitutional traditions common to the Member States
- European citizenship, European representative democracy and the European political party system.
Part II - The institutional system of the Union and the sources of European law
- The European form of government: general principles
- The European Parliament and the role of national parliaments
- The reform of the Council system
- The European Commission, the President of the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy
- Principles relating to European sources
- European legislative procedures
- European law and national laws
Part III - European protection of fundamental rights
- The judicial system of the European Union (structure and principles)
- The Union's jurisdictions
- The Charter of Fundamental Rights of the European Union and the European Convention on Human Rights
- European fundamental rights and domestic law
or
- Allan Rosas, Lorna Armati, EU Constitutional Law. An Introduction, Hart Publishing, Oxford 2018.
- Relevant European legal Texts (TEU, TFEU, Charter of Fundamental Rights of the European Union, ECHR, etc.)
Programma
Part I - General introduction. Theory of the European Constitution and constitutional principles of the Union- The idea of a European Constitution and European constitutional law. The European constituent process
- The thesis of the European democratic deficit and the question of the "European Demos"
- The stages of European integration: from "Ventotene" to Lisbon
- The Lisbon Treaty in the light of multilevel constitutionalism. The strengthening of the European constitutional heritage and the constitutional traditions common to the Member States
- European citizenship, European representative democracy and the European political party system.
Part II - The institutional system of the Union and the sources of European law
- The European form of government: general principles
- The European Parliament and the role of national parliaments
- The reform of the Council system
- The European Commission, the President of the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy
- Principles relating to European sources
- European legislative procedures
- European law and national laws
Part III - European protection of fundamental rights
- The judicial system of the European Union (structure and principles)
- The Union's jurisdictions
- The Charter of Fundamental Rights of the European Union and the European Convention on Human Rights
- European fundamental rights and domestic law
Testi Adottati
- Robert Schütze, European Constitutional law, Cambridge, Cambridge University Press, latest editionor
- Allan Rosas, Lorna Armati, EU Constitutional Law. An Introduction, Hart Publishing, Oxford 2018.
- Relevant European legal Texts (TEU, TFEU, Charter of Fundamental Rights of the European Union, ECHR, etc.)
Bibliografia Di Riferimento
- Hartley T.C., The foundations of European Union law. An introduction to the constitutional and administrative law of the European Union, Oxford University Press, Oxford 2014. - Repetto G. (Ed.), The constitutional relevance of the ECHR in domestic and European law, Intersentia, Cambridge 2013. - Bilancia P., The dynamics of the EU integration and the impact on the national constitutional law, Giuffré, Milano 2012. - von Bogdandy A., Bast J. (Eds), Principles of European constitutional law, Hart Publishing, Oxford 2009 (Second Edition). - Douglas-Scott S., Constitutional law of the European Union, Longman, Harlow 2002. - A. Buratti, Western constitutionalism. History, institutions, comparative law, Giappichelli, Torino 2019.Modalità Erogazione
Teaching will mainly be based on frontal lessons aimed at acquiring the basics of European constitutional law. Case-law of the European Courts will also be discussed. Class attendance for students of International Studies is mandatory. Classes will not be recorded.Modalità Frequenza
Attendance at the course is mandatory, but highly recommended. During each lecture the presence of attending students will be verified. Absence from lectures, if justified, is allowed in a reasonable minimum number of hours (four).Modalità Valutazione
A mid-term oral presentation is expected, as well as a final oral examination in order to verify the knowledge acquired al well as the student's critical skills in relation to the main constitutional issues and the various factors affecting the relationship between legal systems. With regard to specific learning disorders 'SLD', concept maps may shall be sent to the professor at least ten days before the exam, shall be strictly keyword-based and shall be limited in number.