European Constitutionalism (LAWM648)
This module description relates to the academic year 2012/3.
| Lecturer(s) | Leone Niglia |
|---|---|
| Module level | M |
| Credit Value | 15.00 |
| ECTS Value | 7.5 |
| Pre-requisites | Basic Knowledge of EU law |
| Co-requisites | None |
| Duration of Module | One term |
| Total Student Study Time | 150 hours (5 x 2hrs Seminar; 140 hrs independent study) |
Aims
This course analyses the development of supranational Europe as a constitutional polity. It offers a critical insight on the nature of European constitutionalism with an eye on historical and normative material as synthesised in scholarly narratives. The 'beginning' and the 'evolution' of constitutional Europe are considered as well as key current, controversial issues underlying the failed attempt at making a 'written constitution' (the 'Constitutional Treaty') and the 'after Lisbon Treaty' debate.
Intended Learning Outcomes
Module-specific skills:
By the end of the course students are expected to understand the development of European constitutionalism over time in comparative and critical perspective; understand legislative and judicial developments in the EU of constitutional relevance; assess critically the way in which scholars, judges and policy-makers position themselves in relation to constitution-making; understand the structures of constitutionalism in Europe's multi-level context.
Discipline-specific skills:
Ability to critically understand the constitutionalisation of Europe and its criticality; ability to evaluate constitutional law issues in comparative and European perspective; capacity to handle primary and secondary literature from the EU and from member states.
Personal and key skills:
Capacity to develop descriptive, analytical and critical skills through an examination of relevant legal material; ability to synthesise materials, communicate orally and in writing and produce structured and coherent accounts of the results of research. The assessed essay will help develop research skills.
Learning/Teaching Methods
The teaching method consists of seminars, requiring active participation of the whole group under guidance of the lecturer. Students will be asked to engage in conversation during the class and to work independently on the examination essay.
Assignments
Assessment
The summative assessment takes the form of one assessed essay of a maximum 3,750 words
Syllabus Plan
Seminar One: History of Constitutionalism in the EU
Seminar Two: Constitutionalism in the Nation State versus the EU
Seminar Three: The Project of a Written Constitution for the EU and the Lisbon Treaty
Seminar Four: The 'After Lisbon Debate'
Seminar Five: Jurisdictional Conflicts and the Role of National Constitutional Courts
Indicative Basic Reading List
J. H. H. Weiler, The Transformation of Europe The Yale Law Journal, Vol. 100, No. 8 & The Constitution of Europe (1999)
Brunner v The EU Treaty [1994] CMLR 57 [Maastricht Treaty Ruling]
BVerfG, 2 BvE 2/08, 30.6.2009, Absatz-Nr. (1 - 421) [Lisbon Treaty Ruling, English version at http://www.bundesverfassungsgericht.de/entscheidungen/es20090630_2bve000208en.html]
Indicative web based resources e.g. Webct:
http://curia.europa.eu/jcms/jcms/j_6/
http://europa.eu/lisbon_treaty/index_en.htm
Other resources:
European Court of Justice Reports (ECR
Common Market Law Reports (CMLR)
Cambridge Law Journal (CLJ)
Oxford Journal of Legal Studies (OJLS)
Yale Law Journal (YLJ)
Common Market Law Review (CMLRev)
Columbia Journal of European Law (CJEL)
European Law Review (ELRev)
European Law Journal (ELJ)
German Law Journal (on line at: http://www.germanlawjournal.com/)
Modern Law Review (MLR)
Journal of Common Market Studies (JCMS)
Yearbook of European Law (YEL)
