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
- 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
- P. Costanzo, L. Mezzetti, A. Ruggeri, Lineamenti di diritto costituzionale dell'Unione Europea, Torino, Giappichelli, latest edition.
- Consultation of european fundamental legal texts (TEU, TFEU, Charter of Fundamental Rights of the European Union, European Convention on Human Rights, etc.) is required. A collection of these texts is available in P. Scarlatti (a cura di), Codice essenziale di diritto dell'Unione europea, Roma, Aracne, 2011.
Programme
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
Core Documentation
- P. Costanzo, L. Mezzetti, A. Ruggeri, Lineamenti di diritto costituzionale dell'Unione Europea, Torino, Giappichelli, latest edition.
- Consultation of european fundamental legal texts (TEU, TFEU, Charter of Fundamental Rights of the European Union, European Convention on Human Rights, etc.) is required. A collection of these texts is available in P. Scarlatti (a cura di), Codice essenziale di diritto dell'Unione europea, Roma, Aracne, 2011.
Reference Bibliography
Further reference texts will be indicated by the professor during the lessons.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. In the case of an extension of the COVID-19 emergency will be taken all the appropriate measures on teaching by remote. Classes will not be recorded.Attendance
Attendance at the course, although optional, is strongly recommended.Type of evaluation
A final oral examination s expected in order to verify the knowledge acquired. In the case of an extension of the COVID-19 emergency will be taken all the appropriate measures for student evaluation by remote.