Insegnamento a.a. 2024-2025

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.  

• Written individual exam (traditional/online)

• Collaborative Works / Assignment (report, exercise, presentation, project work etc.)

• Active class participation (virtual, attendance)

Attending students shall be evaluated based on the following activities:
 

A) Group presentations (1/3 of the final grade, 10/30 points).

Each student will receive a grade up to 10 pt based upon the group assignment. Each group, consisting of 5 students, will be required to examine one or more judgments or topics and present it in class, if possible through a ppt presentation. Presentations are expected to last no more than 50 minutes: each student will be assigned up to 10 minutes. Additional indications will be given at the beginning of the course.
 

B) Written exam (2/3 of the final grade, 20/30)

Each student will receive a grade up to 20 pt based upon the written exam. 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 1/3 for the mid-term exam and of 1/3 for the end of term exam. Alternatively, students can take a final written exam that accounts for 2/3 of the final grade.
 

In exceptional cases, when the instructors consider that the mark of the written exam and the presentation does not properly reflect the student’s participation, a total of up to 2 additional points can be granted to students to award the quality of their in-class participation (interaction during classes, discussion of the cases, etc.).