MULTILEVEL CONSTITUTIONALISM

Understanding and knowledge
The course aims to assess phenomena of multilevel governance in the light of the traditional interpretative categories of constitutional law. With a particular focus on the so-called “European federalizing process”, the analysis stresses the implementation of the European shared values and fundamental rights, highlighting the relationships between national and supranational institutions (Parliaments and Courts, above all).
Application of gained knowledge
The course consists of lectures and seminars in which students will be actively involved in order to stimulate the comprehension of the assessed phenomena of multilevel governance and federalizing processes. With this aim, they will be guided in finding and analyzing laws and case-law, also useful to be adopted as further didactic materials, integrating text books. They also might be required to write brief essays and/or give short presentations on the main topics of the course.
Autonomy of judgment
The course aims to foster the acquisition of the awareness of the complexity of the legal phenomenon related to the so-called “European federalizing process” and to other phenomena of multilevel governance because of the spreading of the main principles of constitutionalism beyond the State, focusing both on the relationships between national and supranational bodies and on the influence of the supranational institutions on the national ones’ functioning.
Communication skills
The course aims both to stimulate and to ascertain students’ acquisition of clear communication skills, particularly regarding to the ability to express themselves in appropriate constitutional terms as well as to argue from a constitutional-law perspective the rationale of the conclusions they get.
Learning skills
The course provides students with the learning skills needed to assess the phenomena of multilevel governance with the traditional categories of constitutional law through the development of logical skills related to legal reasoning.

The course consists of lectures and seminars in which students will be actively involved. They might be requested to read in advance laws and cases in order to discuss them in class. They also might be required to write brief essays and/or to give short presentations on the main topics of the course. During the Academic Year 2021-22, Prof. Otto Pfersmann will contribute to the course, delivering a series of lectures as Visiting Professor at the University of Catania.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

Informazioni per studenti con disabilità e/o DSA
A garanzia di pari opportunità e nel rispetto delle leggi vigenti, gli studenti interessati possono chiedere un colloquio personale col docente in modo da programmare eventuali misure compensative e/o dispensative, in base agli obiettivi didattici ed alle specifiche esigenze.
È possibile rivolgersi anche al docente referente CInAP (Centro per l’integrazione Attiva e Partecipata - Servizi per le Disabilità e/o i DSA) del nostro Dipartimento, prof. Condorelli.

Per le propedeuticità formali consultare il regolamento didattico della coorte di riferimento disponibile nella pagina dedicata http://www.lex.unict.it/it/chi-siamo/regolamenti-didattici-del-corso-di-laurea-magistrale-ciclo-unico-giurisprudenza-lmg01

Not mandatory, but highly recommended.

Teaching plan: 21 classes scheduled of 2 hours each.

The course aims at analysing the ongoing process of establishing new structures of government, complementary to and built upon existing forms of peoples’ or societies’ public organizations, based on the main principles of constitutionalism. In the main framework of the so-called "european federalizing process", the current concepts of democracy, rule of law and human rights' protection will be assessed, focusing on issues related to their spreading and implementation, mostly in the light of the relationships between national and supranational institutions (Courts, above all).

ATTENDING STUDENTS will be provided with didactic materials during the course both in classroom and via the "Studium" platform.

NON-ATTENDING STUDENTS are required to refer to the following texts:

One of the following textbooks (on the choice of students):

R. SCHUTZE, European Constitutional Law, Oxford University Press, 2021 (only Chpters No. 2,3,6 and 12).

or

A. ROSAS - L. ARMATI, EU Constitutional Law. An Introduction, Hart Publishing, 2017 (only Chapters No. 2,6,9, 11 and 14).

Other suggested readings:

Paper 1, M. ZURN, The State in the Post-national Constellation. Societal Denationalization and Multi-level Governance, in: ARENA Workin Papers, 35/1999.

Paper 2., T. KLEINLEIN, On Holism, Pluralism and Democracy: Approaches to Constitutionalism beyond the State, in European Journal of International Law, 2011, Vol. 21, No. 4.

Paper 3., I. PERNICE, Multilevel Constitutionalism in the European Union, in: WHI-Paper, 05/2002.

Paper 4., I. PERNICE, The Treaty of Lisbon: Multilevel Constitutionalism in Action, in: The Columbia Journal of European Law (CJEL), V 15/no 3, pp. 349-407.

Paper 5, N. WALKER, The idea of Constitutional Pluralism, in The Modern Law Review, vol. 65, 3/2002, pp. 317-359.

Paper 6, B. GUASTAFERRO, Beyond the Exceptions of Constitutional Conflicts: The Ordinary Functions of the Identity Clause, in Yearbook of European Law, 2012, Vol. 31, No.1, pp. 263-318.

Paper 7, A. CIANCIO, A new uniform electoral procedure to re-legitimate the process of political integration in Europe, in: federalismi.it, 2/2015.

Paper 8, A. VON BOGDANDY, The European Union as a Supranational Federation: A Conceptual Attempt in the Light of the Amsterdam Treaty, in : The Columbia Journal of European Law, 2000, n° 6, p. 27).

Paper 9., G. DELLA CANANEA, “Is European Constitutionalism Really “Multilevel”?”, in: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht. Heidelberg Journal of International Law ( HJIL ) 70 (2010), 283-317.

Paper 10, M. POIARES MADURO, Three Claims of Constitutional Pluralism, in : Avbelj, Jan Komárek (eds), Constitutional Pluralism in the European Union and Beyond, Hart Publishing, Oxford, 67-84. Draft, accessible under https://cosmopolis.wzb.eu/content/programs/conkey_Maduro_Three-Claims-of-Pluralism.pdf

Paper 11, A. CIANCIO, The European “constitutional core”, key tool for further integration, in Consulta online, 2020.

Paper 12, M. FICHERA - O. POLLICINO, The Dialectics between Constitutional Identity and Common constitutional traditions: which language for cooperative constitutionalism in Europe, in: German Law Journal, 2019, pp. 1097-1118.

Paper 13, A.CIANCIO, European Parties and the process of political integration in Europe, in: www.dirittifondamentali.it, 2016.

Paper 14, A. VINCZE, What Role For Constitutional Courts In A Multi-Level Constitutionalism?, in: Annales of Etvös Lorand Faculty of Law 2012, accessible under: http://www.ajk.elte.hu/file/annales_2012_03_Vincze.pdf.

Paper 15, A. CIANCIO, The 5 May 2020 Bundesverfassungsgericht’s Decision on the ECB’s public sector purchase program: an attempt to “break the toy” or a new starting point for the Eurozone?, in federalismi.it, 2020, n.16.

Paper 16, CIANCIO A., The European Central Bank: Issues of Constitutional Law, in “Przegląd Prawa Konstytucyjnego" (Journal of Constitutional Law), 2016, n.6.

Paper 17, I. PERNICE, Multilevel Constitutionalism and the Crisis of Democracy in Europe, in: European Constitutional Law Review, 2015.

Paper 18, A. Wiener, A. F. Lang jr., James Tully, M. Poiares Maduro, M. Kumm, “Editorial. Global constitutionalism: Human rights, democracy and the rule of law”, in: Global Constitutionalism, 2012, 1:1, 1– 15.

Paper 19, T. Drinoczi* - A. Bień-Kacała, Illiberal Constitutionalism: the case of Hungary and Poland, in: German Law Journal, 2019, pages 1140-1166.

Paper 20, G. ZACCARONI, The Good, the Bad and the Ugly: National Constitutional Judges and the EU Constitutional Identity, in: The Italian Journal of Public Law, Vol. 10, No, 2, 2018, special issue "Constitutional adjudication in Europe between Unity and Pluralism, pages 421-446.

Paper 21, G. BECK, The EU Constitution, Sovereignty and the Problem of Primacy, in The rise and fall of European Constitution, Hart Publishing, Oxford, 2019, pp. 155-176.

Paper 22, S. WALLASCHECK, Contested solidarity in the Euro crisis and Europe’s migration crisis: a discourse network analysis, Journal of European Public Policy, 2020, pp.1034-1053,

Further didactic material might be provided during the course via the "Studium" platform.

Written assignment: Students will be requested to write a brief essay.

The test/exam will be assessed according to the following criteria established by the Board of the Degree Course (September 17, 2018):

• aptness of answers
• quality and comprehension of the syllabus
• ability to link different topics of the syllabus
• ability to show examples
• use of jargon and terms of art
• general communicative skills
• familiarity with legal texts

Learning assessment may also be carried out on line, should the conditions require it.

The essay will be about one of the topics previously assessed and discussed during the course (e.g., the concept of multilevel constitutionalism; the quest for sovereignty in a multilevel governance system; constitutional pluralism in the judicial practice; the EU federalizing process; Issues of EU democracy; the EU political parties; fundamental rights in coordinated legal systems; etc.)