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.
teacher profile teaching materials
1) The Idea of a European constitution and European constitutional law. The constitutionalizing process of the EU
2) The democratic deficit theory and the issue of "European demos"
3) Constitutional history: from "Ventotene" to Lisbon
4) The Lisbon Treaty and multilevel constitutionalism. The consolidating Europe's constitutional heritage trough constitutional traditions common to the Member States
5) European Citizenship, representative democracy and European party system
PART II – European Institutions and Sources of law
1) The European form of government: general principles
2) The European Parliament and the role of National Parliaments
3) The Reform of Council and the European Council
4) The European Commission, its President, and The High Representative of the Union for Foreign Affairs and Security Policy
5) General principles on the European system of sources of law
6) The Legislative procedures
7) European law and national legal systems
PART III – The European protection of fundamental rights
1) The European Court System: Competences and Procedures
2) Annulment Powers, Remedial Powers and Adjudicatory Powers
3) The Charter of Fundamental Rights of the European Union and the European Convention on Human Rights
4) European fundamental rights and national law
- Robert Schütze, European Constitutional law, Cambridge, Cambridge University Press, 2016 (Second Edition)
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.)
Mutuazione: 21810012 EUROPEAN CONSTITUTIONAL LAW in Relazioni internazionali LM-52 N0 (A-Z) SCARLATTI PAOLO
Programme
PART I – General Introduction. European constitutional theory and constitutional principles of European Union1) The Idea of a European constitution and European constitutional law. The constitutionalizing process of the EU
2) The democratic deficit theory and the issue of "European demos"
3) Constitutional history: from "Ventotene" to Lisbon
4) The Lisbon Treaty and multilevel constitutionalism. The consolidating Europe's constitutional heritage trough constitutional traditions common to the Member States
5) European Citizenship, representative democracy and European party system
PART II – European Institutions and Sources of law
1) The European form of government: general principles
2) The European Parliament and the role of National Parliaments
3) The Reform of Council and the European Council
4) The European Commission, its President, and The High Representative of the Union for Foreign Affairs and Security Policy
5) General principles on the European system of sources of law
6) The Legislative procedures
7) European law and national legal systems
PART III – The European protection of fundamental rights
1) The European Court System: Competences and Procedures
2) Annulment Powers, Remedial Powers and Adjudicatory Powers
3) The Charter of Fundamental Rights of the European Union and the European Convention on Human Rights
4) European fundamental rights and national law
Core Documentation
REQUIRED READINGS:- Robert Schütze, European Constitutional law, Cambridge, Cambridge University Press, 2016 (Second Edition)
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.)
Type of delivery of the course
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 is mandatory.Attendance
Attendance to the course is not 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 (six).Type of evaluation
A mid-term oral presentation is expected, as well as a final oral examination throughout questions on the program. Unless otherwise, according to art. 1, Decreto Rettorale n. 703 (5th of May 2020), the final oral examination during next summer session (a.y. 2019/2020) will be made by remote.