Multilevel Constitutionalism

A.Y. 2021/2022
9
Max ECTS
60
Overall hours
SSD
IUS/08
Language
Italian
Learning objectives
The course pursues the primary objective of offering students the opportunity to study the notion and characteristics of multilevel constitutionalism from two different perspectives: institutional and implementation theory. The theoretical-institutional perspective aims to analyze the concept of the European Union, both from a geographical point of view and from the point of view of the system of sources. The implementation perspective has the objective of applying the prerequisites identified for the study of positive legislation in the field of personal data protection.
Expected learning outcomes
At the end of the course, 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 also gain the ability to read and interpret constitutional rules and their intersection. Therefore, students must have acquired knowledge of the fundamental legal concepts of European constitutional law; ability to understand the impact of technologies on fundamental rights; awareness of the relevance of personal data protection in the digital society.
Course syllabus and organization

Single session

Responsible
Lesson period
First trimester
In case of limitations due the health emergency, the lessons will be delivered, allor partly, through Teams and the exams will take place online orally
Course syllabus
The course program is divided into two parts.
The first part is dedicated to the following topics:
a) The progressive formation of the European Union;
b) The system of sources
c) The Common constitutional traditions
d) The influence of the jurisprudence of the European Courts on the formation of the law
The second part is dedicated to the following topics:
a) The origins and development of the notion of data protection in Europe: the role of the Council of Europe and the European Communities.
b) The European Union's competence in data protection after the approval of the Lisbon Treaty and the impact of the entry into force of the Charter of Fundamental Rights.
c) The Regulation 679/2016: structure, territorial and material scope. Residual spaces for national regulations.
d) The "definitions" and the "subjects" of the protection of personal data.
e) The general principles of the processing and the the conditions of legitimacy
f) The rights of the data subjects.
g) The obligations of controller and processor. The role of the DPO
h) The international transfer of personal data
i) The National and European data protection authorities.
l) Remedies and sanctions
Prerequisites for admission
No prerequisites are required
Teaching methods
The course is divided into theoretical lectures and lessons based on the examination of case studies
Teaching Resources
For the part dedicated to European constitutional law, the material for attending students will be indicated in class.
For the part dedicated to data protection law, the manual available on the website: https://op.europa.eu/it/publication-detail/-/publication/5b0cfa83-63f3-…- it
Assessment methods and Criteria
The exam consists of an interview on scheduled topics aimed at assessing the students' preparation and argumentative skills.
Unità didattica 1
IUS/08 - CONSTITUTIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/08 - CONSTITUTIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/08 - CONSTITUTIONAL LAW - University credits: 3
Lessons: 20 hours
Educational website(s)
Professor(s)