B000101 - COMPARATIVE AND EUROPEAN CONSTITUTIONAL LAW

Italian

The course discusses the most important institutes and models characterising contemporary constitutionalism’s experiences and European Union law. It undertakes the interdisciplinary approach of the Degree in Political Sciences and integrates the historical and socio-political perspectives in the comparative legal analysis of contemporary European and extra-European jurisdictions as well as in the discussion of the foundations of European Union law

IN YOU ATTEND THE CLASSES:
- Your notes;
- G. Cerrina Feroni, G. Morbidelli, M. Volpi, Diritto Costituzionale Comparato, Torino, Giappichelli, 2020 - EXCLUSIVELY the topics discussed in class and explicitly entrusted to the individual study by the teacher.
- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Roma-Bari, Laterza, 2020: CHAPTERS I (evoluzione storica), II (istituzioni politiche), par. 1 e 2 del cap. III (Corte di giustizia), V (sistema delle competenze), VI (sistema delle fonti).
- As reference for constitution texts: G. Cerrina Feroni, T.E. Frosini, S. Torre, Codice delle Costituzioni, vol I, Padova, CEDAM, 2015.

IF YOU DO NOT ATTEND THE CLASSES:
- G. Cerrina Feroni, G. Morbidelli, M. Volpi, Diritto Costituzionale Comparato, Torino, Giappichelli, 2020: CHAPTERS: I, II, III, IV, VI, VII, VIII
- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2020: CHAPTERS I, II, cap. III, V, VI, VII.
- As reference for constitution texts: G. Cerrina Feroni, T.E. Frosini, S. Torre, Codice delle Costituzioni, vol I, Padova, CEDAM, 2015.

The course is designed to provide students with the basic knowledge of contemporary constitutionalism conceived as an instrument to regulate a polity and as a vehicle of dialogue and guarantee in contemporary divided and/or plural societies.
Specific skills of legal research, analysis and comparative methods will be developed during the course, as to encourage students to critically discuss present and past jurisdictions, as well as the EU legal system.
At the end of the course, those who will have attended it fruitfully should be able to retrieve, understand and critically analyse all the sources and materials needed to discuss constitutional and European issues, they should master the basic methodological tools and the fundamentals of the discipline to compare different constitutional experiences (with special focus on the European Union), and to be able to express structured and informed opinions.

Having successfully passed the exam of Public Law is highly recommended

The course includes both lectures (in comparative constitutional law and EU law) and a series of guest lectures touching upon the crucial topics of contemporary consititutional debate.
For aa 2023-24 we will focus on PARLIAMENTS in the XXI Century. Mock exams will be organised during the course to practice for the final exam.

For the purpose of the final exam, your attendance is valid till September 2024

The course’s assessment is a WRITTEN exam with five open-ended questions, lasting 1 hour and 30 minutes. The difference between attending and NON-attending students lies in the exam’s content (based on what discussed in class and explicitly entrusted to individual study by the teacher for attending students; based on the program as described in the syllabus for NON-attending students).
The main evaluation criteria are: mastery of the concepts; clarity in defining concepts, institutes, functions; correct use of the methodological approach and capacity for critical analysis; coherent and logical argumentation; maturity of critical thinking; relevance and synthesis in the responses; legal language accuracy.
During the course, all information on the exam will be provided. Exam simulations will also be carried out during the course.
In special cases - to be ALWAYS agreed in advance (ie BEFORE the deadline for the exam’s registration) with the teacher - the assessment may be oral.

For ATTENDING students:
- written test with FIVE open-ended questions (WITHOUT the support of books or notes) on ALL the topics covered in class and explicitly entrusted to individual study by the teacher. One out of the five questions ALWAYS focuses on European Union law.
- OPTIONAL (if done well, it contributes to positively integrate the final mark): a short written critical analysis of the form of government of a foreign jurisdiction. Further guidance & guidelines for the analysis will be provided during the classes. Students are HIGHLY ENCOURAGED to comply with the provided guidelines and to follow the editorial guidelines..


For NON ATTENDING students:
- written exam with FIVE open-ended questions (WITHOUT the support of books or notes) on ALL the topics of the program. One out of the five questions ALWAYS focuses on European Union law.

The detailed syllabus for students attending the course will be provided during the first classes, via email (upon request) and published on Moodle.

For NON-attending students:
the methodology of public comparative law; multilevel legal systems (domestic, supranational and international law); legal traditions; constitutions and constitutionalism (constitution, constitutional dynamics, constitutionalism); forms of state; forms of government, decentralization and types of state; constitutional organization (People, Parliament, Government, Head of State); the European Union: origins and evolution; EU political and judicial institutions; regulatory competences and system of European legal sources; relationship between EU and Italian law.

Peace, justice and strong institutions