The course provides the basis 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)
- Relevant European legal Texts (TEU, TFEU, Charter of Fundamental Rights of the European Union, ECHR, etc.)
RECOMMENDED READINGS:
- 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.
Mutuazione: 21810012 EUROPEAN CONSTITUTIONAL LAW in International Studies 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)
- Relevant European legal Texts (TEU, TFEU, Charter of Fundamental Rights of the European Union, ECHR, etc.)
RECOMMENDED READINGS:
- 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.
Type of delivery of the course
Frontal lessons.Attendance
Attendance required.Type of evaluation
A mid-term oral presentation is expected, as well as a final oral examination throughout questions on the program.