30616 - TRANSNATIONAL CONSTITUTIONAL LAW - MODULE 1 (EUROPEAN LEGAL SYSTEMS)

The main topics of the course will be the following:      

•             Historical introduction to modern constitutionalism in Europe

•             Constitution-making power and Constitutional amendments

•             The principles governing liberal constitutional democracies

•             Judicial Review: rationale and models

•             Fundamental rights (case-based approach)

•             Multilevel constitutionalism and judicial dialogue in Europe

•             The Rule of law and judicial independence

•             New trends and challenges in European constitutional law

After successful completion of this course, students will be able to:

•             Master the common constitutional principles governing the relations between private individuals and public authorities in Europe

•             Recognize the major principles concerning European constitutional democracies 

•             Identify the national peculiarities that distinguish a certain legal order from a comparative perspective

•             Apply the technique of the balancing of rights and the proportionality test in fundamental rights’ restrictions

•             Be familiar with the main actors developing common constitutional standards in Europe, such as the Court of Justice, the ECtHR, the Venice Commission, but also the European Law Institute and the Fundamental Rights Agency  

•             Master the relationship between National and supranational Courts in the European context

•             Explain the content of a judicial decision and express their views in appropriate legal terms

•             Identify the new European and global trends of transnational constitutional law, as, for instance, digital constitutionalism

After successful completion of this course, students will be able to:

•             Analyze pros and cons of specific constitutional arrangements, as they have been applied in specific legal orders in Europe

•             Argue about the legitimacy of fundamental rights restrictions in the light of the principle of proportionality

•             Interpret legal provisions in the light of the principles of European constitutional law

•             Have a practical knowledge of how European and global institutions work, thanks to the  

             Presentations made by speakers who play a key role in such institutions

•             Work in a team in a constructive way and think critically

 In addition to face-to-face lectures, which will take place mainly in the first part of the course, the learning experience of this course includes the examination of case studies, consisting primarily of the analysis and discussion of selected judgments on fundamental rights, in order to make students familiar with the crucial technique of the balancing of rights and the proportionality test. In the last part of the course, recent and controversial cases, related to the current trends of transnational constitutional law, will be discussed trough group assignments and group presentations. Each group of students will be requested to write a short a short paper, to be presented in class, summarizing one or more judgments or topics, based on the indications provided by the instructor and invited speakers. During the entire course, students will be strongly encouraged to participate actively by bringing their own views, by sharing their insights and by taking part in all interactive activities (e.g., court simulations) that the instructors will organize in class. The course also includes one or more guest speaker’s talks by leading international scholars who will share their experiences as attorneys, advisors or judges at international or supranational institutions, showcasing how transnational constitutional law in action works. Group visits at European institutions (such as the European Court of Human Rights in Strasbourg) may be organized for interested students depending on the availability of such institutions.  

With the purpose of measuring the acquisition of the above-mentioned learning outcomes, the students’ assessment is based on the following components:

1.           In-class participation (20% of the final grade) aimed to test the students’ ability to interact in a constructive way and to think critically.

2.           Assessment of the group assignment (30% of the final grade) aimed to test the students’ ability to work in a team, to apply the knowledge acquired during the course, to identify the key points of a judgment or a legal text, to illustrate them appropriately and to discuss them critically. The evaluation will take into account both the performance of the group as a whole and the performance of each individual student.

3.           Written exam (50% of the final grade), consisting of open/closed-ended questions, aimed to assess the students’ understanding of the principles of European constitutional law and their ability to apply them in the discussion of a specific legal issue. Students can take a mid-term written exam and complete the written exam at the end of the course. In this case the weight is of 25% for the mid-term exam and of 25% for the end of term exam. Alternatively, students can take a final written exam that accounts for 50% of the final grade.

Teaching materials include class slides, the judgments and documents examined during the course and other selected readings: they will be announced before the start of the course and indicated or uploaded to the Bboard platform.   

Attending students will also be required to study selected chapters of a textbook, tentatevly indicated in Sajó A., Uitz R. (2017), The Constitution of Freedom. An Introduction to Legal Constitutionalism, Oxford University Press (the text will be confirmed before the beginning of the classes)