Multi-Level Constitutionalism
A.Y. 2019/2020
Learning objectives
The course is part of the legal area of the Master's programme, and it aims at improving the knowledge and understanding of the European Union's constituent process, the European "multilevel governance" system and their effects on the national constitutional systems, thus enabling the students with the tools necessary to master the fundamental principles of constitutionalism (in its multilevel dimension) with adequate legal terminology and methodology. It provides the students with the elements of Multilevel Constitutionalism that are necessary for the professional skillsets developed in the "Governance and decision-making processes" curriculum.
The course will deal with the main issues of Multilevel Constitutionalism, analysing also the most problematic aspects in order to develop the student's critical approach. A part of the course will be focused on the in-class analysis of jurisprudential cases, in order to provide the student with the ability to understand and individually and critically analyse the different facets of contemporary Multilevel Constitutionalism.
The course will deal with the main issues of Multilevel Constitutionalism, analysing also the most problematic aspects in order to develop the student's critical approach. A part of the course will be focused on the in-class analysis of jurisprudential cases, in order to provide the student with the ability to understand and individually and critically analyse the different facets of contemporary Multilevel Constitutionalism.
Expected learning outcomes
At the course's conclusion students will gain an advanced knowledge and understanding of Multilevel Constitutionalism, with particular regard to the governance and decision-making processes at the European and national constitutional levels.
Students will gain the ability to read and interpret Constitutional Law, the European Treaties and the most relevant pieces of legislation in the light of the main aspects of contemporary Multilevel Constitutionalism.
The course also aims at encouraging a continuous exchange of views between students (and with the teacher) on the European integration process and to teach students how to draft, after the lessons and seminars, papers and legal texts connected to the matters that were discussed.
The course will provide students with the skills necessary to apply the acquired knolwedge and undertanding of Multilevel Constitutionalism and to develop their legal reasoning and to improve their mastery of legal terminology.
Students will gain the ability to read and interpret Constitutional Law, the European Treaties and the most relevant pieces of legislation in the light of the main aspects of contemporary Multilevel Constitutionalism.
The course also aims at encouraging a continuous exchange of views between students (and with the teacher) on the European integration process and to teach students how to draft, after the lessons and seminars, papers and legal texts connected to the matters that were discussed.
The course will provide students with the skills necessary to apply the acquired knolwedge and undertanding of Multilevel Constitutionalism and to develop their legal reasoning and to improve their mastery of legal terminology.
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Lesson period
First trimester
Course syllabus
The basic knowledge of the EU system and of its Institutions is not sufficient for the comprehension of the importance of the current European integrated system of government and governance (EU Government- National and Regional Governments). Therefore, the course aims at providing students with the knowledge that is necessary to understand the impact of the European integration process on the national constitutional systems.
The course is divided in three parts.
The first part focuses on the study of the European constituent process and on the impact of the Lisbon Treaty on the Italian constitutional system.
The second part focuses on: federalism, regionalism and multi-level forms of government (similarities and differences); governance and government in the European Union; the European Parliament and the national Parliaments in the European integration process; the principles of subsidiarity and sincere cooperation in the European legal system; characterizing aspects of the European legal system; instruments and principles of the cooperation between different levels of government.
The third part focuses on: constitutional and legal aspects of the participation of sub-national levels of government to the ascending and descending phases of European law; the Common Foreign and Security Policy (CFSP) of the EU; the Area of freedom, security and justice; the multilevel protection of fundamental rights.
Particular attention is to be put on the roles of the subnational levels of government, as it relates to their sphere of competence: as a matter of fact, they are the ones who carry on the implementation of a major share of European legislation. Since 1990 the Commission extended the realm of actors involved in the decision-making process by mobilizing Regional goverments and Administrations and including more and more private and non-state actors. The course will also focus on the role of the National Independent Authorities (i.e .Privacy or Antitrust Authorities) as actors in the implementation of European policies: a special focus will be on the European networks of these National Administrations and on their role in the EU integration process. These and other subjects will promote a better knowledge of the European integration process from a constitutional perspective.
The course is divided in three parts.
The first part focuses on the study of the European constituent process and on the impact of the Lisbon Treaty on the Italian constitutional system.
The second part focuses on: federalism, regionalism and multi-level forms of government (similarities and differences); governance and government in the European Union; the European Parliament and the national Parliaments in the European integration process; the principles of subsidiarity and sincere cooperation in the European legal system; characterizing aspects of the European legal system; instruments and principles of the cooperation between different levels of government.
The third part focuses on: constitutional and legal aspects of the participation of sub-national levels of government to the ascending and descending phases of European law; the Common Foreign and Security Policy (CFSP) of the EU; the Area of freedom, security and justice; the multilevel protection of fundamental rights.
Particular attention is to be put on the roles of the subnational levels of government, as it relates to their sphere of competence: as a matter of fact, they are the ones who carry on the implementation of a major share of European legislation. Since 1990 the Commission extended the realm of actors involved in the decision-making process by mobilizing Regional goverments and Administrations and including more and more private and non-state actors. The course will also focus on the role of the National Independent Authorities (i.e .Privacy or Antitrust Authorities) as actors in the implementation of European policies: a special focus will be on the European networks of these National Administrations and on their role in the EU integration process. These and other subjects will promote a better knowledge of the European integration process from a constitutional perspective.
Prerequisites for admission
No preliminary knowledge required, although a basic knowledge of Italian Public Law is advisable.
Teaching methods
The lessons aim at encouraging an active participation of the students and stimulating an ongoing exchange of opinions betweens students.
The teaching method is mainly based on in-class lectures. Attending students will be provided with the opportunity to carry out group works and to conduct researches on topics connected to those studied in the course, that will be presented in class. This in order to develop opportunities for cooperation between students, and between them and the teachers, and their skills in research and exposition.
The teaching method is mainly based on in-class lectures. Attending students will be provided with the opportunity to carry out group works and to conduct researches on topics connected to those studied in the course, that will be presented in class. This in order to develop opportunities for cooperation between students, and between them and the teachers, and their skills in research and exposition.
Teaching Resources
P. Bilancia, The dynamics of the EU integration and the impact on the National Constitutional Law, Milano, Giuffrè, 2012.
Or:
P. Bilancia - M. D'Amico, La nuova Europa dopo il Trattato di Lisbona, Milano, Giuffrè, 2010.
P. Bilancia, F.G. Pizzetti, Aspetti e problemi del costituzionalismo multilivello, Milano, Giuffrè, 2004.
A direct knowledge of the Italian Constitution and of the fundamental laws of the Italian and European constitutional systems is expected.
P. Bilancia, F.G. Pizzetti, Testi e progetti del sistema costituzionale italiano ed europeo, Torino, Giappichelli, latest edition.
Or:
P. Bilancia - M. D'Amico, La nuova Europa dopo il Trattato di Lisbona, Milano, Giuffrè, 2010.
P. Bilancia, F.G. Pizzetti, Aspetti e problemi del costituzionalismo multilivello, Milano, Giuffrè, 2004.
A direct knowledge of the Italian Constitution and of the fundamental laws of the Italian and European constitutional systems is expected.
P. Bilancia, F.G. Pizzetti, Testi e progetti del sistema costituzionale italiano ed europeo, Torino, Giappichelli, latest edition.
Assessment methods and Criteria
The final test consists in an oral exam. Attending students will be examined on the topics developed in class during the course and can complete their preparation with the textbooks (see the specific section).
Attending students can work (in group) on a paper on a topic connected to those developed in the course that will be presented in class during the final lessons. Attending students can also take a written test. The paper and the test will be taken into account for the final grade during the oral exam.
Non-attending students will be examined on the topics developed in the textbooks (see the specific section).
Attending students can work (in group) on a paper on a topic connected to those developed in the course that will be presented in class during the final lessons. Attending students can also take a written test. The paper and the test will be taken into account for the final grade during the oral exam.
Non-attending students will be examined on the topics developed in the textbooks (see the specific section).
Unità didattica 1
IUS/08 - CONSTITUTIONAL LAW - University credits: 3
Lessons: 20 hours
Professor:
Bilancia Paola
Shifts:
-
Professor:
Bilancia Paola
Unità didattica 2
IUS/08 - CONSTITUTIONAL LAW - University credits: 3
Lessons: 20 hours
Professor:
Bilancia Paola
Shifts:
-
Professor:
Bilancia Paola
Unità didattica 3
IUS/08 - CONSTITUTIONAL LAW - University credits: 3
Lessons: 20 hours
Professor:
Cavaggion Giovanni
Shifts:
-
Professor:
Cavaggion GiovanniProfessor(s)