European Constitutional Law (5cr)

Evaluation scale

H-5

Objective

After completing this course, the student
• Understands the basic concepts of constitutional law from the perspective of European Union law and comparative constitutional law
• Comprehends the basis and nature of the constitutional relation between the European Union and the Member States
• Is knowledgeable on current discussions in European constitutional law
• Is able to analyse the meaning of national and European court judgments on the topic
• Is able to analyse the democratic credentials of the European Union

Execution methods

The course is delivered in the form of weekly seminars. The first seminar is a lecture by the teacher that introduces the students to the topic of the course. In the following seminars the students will give short presentations in groups on the topic of each seminar.

The specific content of the course will be decided in the first seminar based on what is current that year and from which countries the participating students come from. The course will utilise a comparative approach by building on the participation of students from different countries.

Each of the weekly seminars will focus on an individual topic. Tentative topics include: the primacy of EU law, national judicial review of EU law, judicial dialogues in Europe, fundamental rights pluralism in Europe, accession and withdrawal from the European Union, and the democratic credentials of the European Union. These issues will be explored through classic and contemporary cases from both the European Court of Justice and national courts.

After the seminars, the students will be assigned a topic on which to write an essay.

Accomplishment methods

Participation to the seminars, a seminar presentation with a group, and a written essay of approximately 3.000 words.

Content

This course adopts a composite understanding on European constitutional law: the constitutional norms of the European Union need to be studied together with the constitutions of the Member States. This is because the EU's constitutional norms and the national constitutions interact in several ways. Some of these are explicit (like the preliminary reference procedure or the national ratification of EU Treaty amendments) while others are more implicit (how national constitutions and constitutional courts set limits to the development of the EU). Such a composite understanding builds on both an EU law approach as well as a comparative constitutional law approach. This course aims to provide the student with a basic understanding on the how these two constitutional sites interact.

Participation to the course requires that the student has taken a course in both EU law and constitutional law. The course does not provide the student with basic knowledge on these areas of law. Rather, the course explores some topical discussions within European constitutional law.

Location and time

1. Comparative Law Methodology (Tuesday 29th, 2 hours, 9:00-11:00 – SR)
2. The “Idea” of Europe and the EU (Tuesday 29th, 3 Hours, 11:00-14:00 – PV)
3. EU Legal systems in a Comparative Framework (Wednesday 30th, 2 hours, 9:00-11:00 – SR)
4. Fundamentals of EU Law and Policies (Wednesday 30th, 3 hours, 11:00-14:00 – PV)
5. Comparing European, American, and South Asian Courts and Jurisprudence (Thursday 31st of August, 5 hours, 2 SR, 9:00-11:00 and 3 PV, 11:00-14:00)
6. European Political and Electoral Systems (Friday, 1st of September, 2 hours, 9:00-11:00 – SR)
7. Constitutionalism(s) (Friday, 1st of September, 3 hours, 11:00-14:00 – PV)

Saturday, 2nd of September: 1 office hour (10:00-11:00 – PV)

The seminars are organized on campus.

Inquiries should be sent to the responsible teacher professor Pasquale Viola, PASQUALE.VIOLA@dispes.units.it

Materials

The course material will be provided during the course.

Teaching methods

In 2023 this course is taught by visiting professors Pasquale Viola (University of Trieste) and Sabrina Ragone (University of Bologna). The theme of the course is Comparative Approaches to Contemporary Constitutionalism(s).

DESCRIPTION
The crash course “European Constitutional Law: Comparative Approaches to Contemporary Constitutionalism(s)” aims at introducing fundamentals of European constitutional law and comparative constitutional law, and has been divided into eight sessions. The first part will focus on the methodological aspects, while the second part critically addresses topics within debates on constitutionalism. Overall the class will assess subjects related to the European Union, European Legal Systems, other trends in contemporary comparative constitutional law.

AIMS
The course aims at transmitting knowledge to the students according to the following scheme, outlined in light of the Dublin Lines:
1. knowledge and ability to understand EU Law, comparative constitutional law, European legal systems;
2. knowledge and applied ability to understand the core issues related to topics under point n. 1;
3. autonomy to have an opinion and in understanding a normative text; ability to develop opinions on issues and topics debated during the course with the purpose to find the most suitable solution for problems progressively identified;
4. ability to develop technical and analytical skills;
5. ability to autonomously find, access, review, and read normative sources, case-laws, and scientific literature.

METHODOLOGY
Lectures (also with ppt presentations), reading and analysis of texts. The students will be stimulated to debate on the most topical subjects. Language: English.

Completion alternatives

Participation to the seminars and writing an essay of approximately 3.000 words.

Assessment criteria, satisfactory (1)

Grading will be done on a scale of 0 to 5. The essay forms the basis of the grading, but active participation to the discussions within the seminars are also taken into consideration.

Qualifications

For the students of the University of Lapland ONPOOL3 Valta, valtio ja Eurooppa.

For exchange students a basic level course in European Union law and national constitutional law.

If you need to refresh your memory on EU law before the course, please read Allan Rosas & Lorna Armati: EU Constitutional Law. An Introduction (2010, 2012 or 2018).

Further information

The course is completed by attending the seminars and writing an essay. Further instructions will be given during the first seminar. Please sign up in Peppi to receive the initial instructions before the course starts.