Public Law of the European Countries

A.Y. 2019/2020
9
Max ECTS
60
Overall hours
SSD
IUS/21
Language
Italian
Learning objectives
The course will focus on the constitutional law of European countries in the context of the comparative classifications relating to the main "forms of State" and "systems of government". The analysis will consider historical and political basis of the constitutional evolution of the countries concerned, deepening in particular the question of sovereignty and the limits to the primacy of EU law. The use of comparative method is combined to the essential knowledge of historical and political contexts, taking advantage of synergy with other subjects taught in the same degree course.
Expected learning outcomes
The teaching method will stimulate the students' making judgments and applying knowledge, in addition to the traditional understanding ability. At the end of the course, the student will have acquired the knowledge necessary to understand the constitutional dynamics of the main countries examined, especially those belonging to the liberal-democratic tradition (the so-called Western democracies). The acquired knowledge will allow the student to analyze autonomously the constitutional characteristics of the European countries and to express both in written and oral presentations (the latter resulted from team work), an in-depth analysis based on the autonomous gathering of sources (legislation, case-law and doctrine) and on the use of a specific language.
Course syllabus and organization

Single session

Responsible
Lesson period
First trimester
Course syllabus
First Module
The teaching program involves the presentation and discussion of the following topics: classifications of the forms of State and government; birth and evolution of constitutionalism in Europe; the new trends of contemporary constitutionalism; European federalism
Second Module
The teaching program includes the presentation and discussion of the following topics: forms of government and electoral systems; constitutional justice; the problems of the system of sources of law with particular attention to the relationship between domestic law and international law
Third Module
The teaching programme includes a detailed knowledge of the constitutional law of some countries (Great Britain, France, Germany, Switzerland, Belgium, Spain).
Prerequisites for admission
A basic foundation in public law (state, law, constitution), political science (political parties, electoral systems) and contemporary history (in particular, European history), is required to understand the course contents
Teaching methods
The teaching methods are focused on the task to be pursued. In the first two modules, traditional lecturing is aimed at the acquisition of knowledge.
In the third module, in order to facilitate the ability to apply the acquired knowledge, interactive methods will be favored: the explanation of the way of preparing constitutional chronicles and final group presentations, research on databases and institutional sites in order to collect the material for the tests. The teaching method is closely linked to the methodology and lexicon of comparative law. Each year, a variable number of seminars will be held to focus on specific topics with the involvement of Italian or foreign guests, the latter within the Erasmus teacher mobility program.
Teaching Resources
First Module
Attending students
L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, 2017 (the teacher will identify the pages to be studied). Students are advised to access the ARIEL platform for course material and documents that will be updated on a regular basis. Documents will include updates of the constitutional systems of the countries studied including the same constitutions, diagrams and web references.
First module- non attending students
L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, 2017 (sections III, IV e VII).
Second Module attending students
L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, 2017 (the teacher will identify the pages to be studied). Students are advised to access the ARIEL platform for course material and documents that will be updated on a regular basis. Documents will include updates of the constitutional systems of the countries studied including the same constitutions, diagrams and web references.
Second module- non attending students
L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, 2017 (sections VI e X)
Third module- attending students
The material will be provided by the teacher
Third module- non attending students
L. Pegoraro, A. Rinella, Sistemi costituzionali comparati, Giappichelli, 2017 (section VIII). To supplement the bibliographic material so as to have a constant update of the constitutional systems of the countries studied, it is suggested to access the Ariel platform where documents, diagrams and web references are uploaded as well as the updated text of the main European constitutions
Assessment methods and Criteria
The student is required to sit two intermediate written tests. The first, held in the classroom, occurs at the end of the first module and consists of 3-5 open questions and lasts for 90 minutes. The second test consists of a chronicle of a constitutional event, which the student is free to select and write about at home. This must be delivered by the end of the second module. At the end of the course there will be an oral group presentation focused on the constitutional law of a specific country.
These intermediate tests demonstrate the students' capacity for analytical and critical thinking, team work as well as their ability to share and integrate the different aspects of the course materials. The written part of the exam tests the student's ability to use grammatically correct technical language in reflecting the content of the course.
The students will be evaluated on the basis of clarity and precision in written and oral forms with particular focus on the correct grammatical use of the specific vocabulary of constitutional law. The evaluation will assess the degree of active participation during lessons, seminars and other course activities. The second written test is an opportunity for the student to demonstrate innovation and originality of research on the given topic. The final evaluation is not simply the average of the marks of the individual tests but also consider participation and attendance during the course (which can be worth 2-3 extra marks). The results will be communicated in either the classroom or via email a week after the tests. The marks are given out of 30.
Unità didattica 1
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 3
Lessons: 20 hours
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Professor(s)