Unit

Course
Law
Study-unit Code
A000273
Location
PERUGIA
Curriculum
In all curricula
Teacher
Giorgio Repetto
Teachers
  • Giorgio Repetto
Hours
  • 54 ore - Giorgio Repetto
CFU
6
Course Regulation
Coorte 2020
Offered
2021/22
Learning activities
Affini o integrative d.m.270/04
Area
Attività formative in ambiti disciplinari affini o integrativi a quelli di base e caratterizzanti, anche con riguardo alle culture di contesto e alla formazione interdisciplinare
Academic discipline
IUS/09
Type of study-unit
Opzionale (Optional)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
English
Contents
The course provides an introduction to the constitutional law of the institutional and legal system composed by the EU, the ECHR and the national constitutions. Its main scope is to single out the interactions and the intertwinement between legal orders which actually shape the European constitutional landscape. The course will be divided into four parts: Methodology and History, Institutions, Courts, Rights and Citizenship
Reference texts
European Constitutional Law - Degree in Law

Attending students:

- Arguments and topics dealt with in class (slides), and,
- Three essays, one for each of the following groups:

a) On the relationships between national courts and the CJEU:
a.1) G. Repetto, Pouring New Wine into New Bottles? The Preliminary Reference to the CJEU by the Italian Constitutional Court, in German Law Journal, Vol. 16, No. 6, 2015, pp. 1449-1470
a.2) G. Martinico, G. Repetto, Fundamental Rights and Constitutional Duels in Europe: An Italian Perspective on Case 269/2017 of the Italian Constitutional Court and Its Aftermath, in European Constitutional Law Review, 2019, pp. 731-751
a.3) V. Barsotti et al., Italian Constitutional Justice in Global Context, limitatamente al Chapter 7, National Constitutional Adjudication in the European Space, pp. 205-230

b) On the relationships between national court and the European Court of Human Rights:
b.1) G. Repetto, Changing me softly? Actors, tools and techniques of international human rights compliance in Italy, in Grote, Morales Antoniazzi, Paris (Eds.), Research Handbook on International Human Rights Compliance, Elgar, 2021
b.2) D. Tega, The Italian Way. A Blend of Cooperation and Hubris, in ZaöRV 77 (2017), pp. 685-713

c) EU Constitutional Law:
A. Rosas, L. Arnati, EU Constitutional Law: An Introduction, Hart, 2018, one of the following chapters:
c.1) Ch. 2. An Elephant That Cannot Be Defined? What the EU Is, and Is Not
c.2) Ch. 6. Into the Estuaries and up the Rivers: Union Law in the National Legal Orders of the Member States
c.3) Ch. 10. Civis Europeus Sum: The Evolving Concept of Union Citizenship
c.4) Ch. 11. Taking Rights More Seriously? The EU System of Fundamental Rights

Attending students delivering a paper are exempted from the study of the three essays

For non attending students:

R. Schütze, European Constitutional Law, CUP, 2016, 2nd edition, limitatamente alle pagine: da 1 a 146 e da 394 a 470

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European Public Law - MD in European Legal Integration and Fundamental Rights

- Arguments and topics dealt with in class (slides), and
- Two essays, one for each of the following groups:

a) On the relationships between national judges and the European Court of Human Rights:
b.1) G. Repetto, Changing me softly? Actors, tools and techniques of international human rights compliance in Italy, in Grote, Morales Antoniazzi, Paris (Eds.), Research Handbook on International Human Rights Compliance, Elgar, 2021
b.2) D. Tega, The Italian Way. A Blend of Cooperation and Hubris, in ZaöRV 77 (2017), pp. 685-713

b) The constitutional law of the European Union:
A. Rosas, L. Arnati, EU Constitutional Law: An Introduction, Hart, 2018, uno tra i seguenti capitoli:
b.1) Ch. 2. An Elephant That Cannot Be Defined? What the EU Is, and Is Not
b.2) Ch. 6. Into the Estuaries and up the Rivers: Union Law in the National Legal Orders of the Member States
b.3) Ch. 10. Civis Europeus Sum: The Evolving Concept of Union Citizenship
b.4) Ch. 11. Taking Rights More Seriously? The EU System of Fundamental Rights

Attending students delivering a paper are exempted from the study of the two essays


For non attending students, the preparation of the exam must focus on both these texts:

R. Schütze, European Constitutional Law, CUP, 2016, 2nd edition, limitatamente alle pagine da 1 a 146

A. Rosas, L. Arnati, EU Constitutional Law: An Introduction, Hart, 2018, limitatamente ai capitoli 10 (Civis Europeus Sum: The Evolving Concept of Union Citizenship) e 11 (Taking Rights More Seriously? The EU System of Fundamental Rights)
Educational objectives
Students are expected to enrich their basic knowledge in constitutional law with the comprehension of legal devices surrounding supranational constitutional integration. In particular, they are called to enhance their comprehension on:- Relations between legal orders beyond monism/dualism divide;- Institutional linkages between political authorities at national and supranational level- Cooperation and conflict between national and supranational courts as well as mechanisms of dialogue/resistance between fundamental rights. The aimed skill is to improve student's capacity to deal with complex legal issues involving national and supranational legal orders
Prerequisites
A basic knowledge of constitutional law is required. A commitment to supranational legal dynamics is recommended.
Teaching methods
Face-to-face lessons aided by PPT presentations. Renowned scholars will be guest speakers.
Learning verification modality
Students are invited either to prepare a written presentation on a selected issue or to attend an oral exam. In both cases, attention must be paid to the depth of the analysis and to the capacity to manage legal materials in a multipolar legal system.
Extended program
The course provides an introduction to the constitutional law of the institutional and legal system composed by the EU, the ECHR and the national constitutions. Its main scope is to single out the interactions and the intertwinement between legal orders which actually shape the European constitutional landscape.The course will be divided into four parts.The first part (Method and History) will be devoted to sketch out the basic historical and constitutional premisesof the so called internationalization of constitutional law: a special attention will be given to the legal devices of Europeanization of national constitutions. The second part (Institutions) will briefly cover the composition, function, and powers of the legislative and executive branches, i.e. the European Council, the Council of the European Union, the European Parliament, and the European Commission, with a particular focus on their attitude to engage in decisions which impinge upon constitutional matters. The third part (Courts) will sketch out the growing interactions between judicial actors and, in particular, the regulated paths of judicial dialogue (in particular preliminary reference for the EU and the new Protocol No. 16 for the ECHR). The final part (Rights and Citizenship) will deal with the basic tenets of the composed system of protection of fundamental rights (based on EU law, ECHR and national constitutions) with the effort to single out the fundamental guidelines (subsidiarity, dialogue, levels of protection) called to make it effective.
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