91140 - Comparative Law In Europe

Learning outcomes

The purpose of this course is to provide students with a comprehensive understanding of comparative law methodology and its application to the European legal space. The course will give students fundamental knowledge on the most important European legal families through specific case studies, providing them, in particular, with the following skills: techniques for reading and understanding of constitutional norms, legislation and case law from different legal systems, as well as critical skills for the comparative examination of European constitutionalism. Furthermore, the European and comparative approach will be particularly beneficial for pursuing their careers in international, multidisciplinary and multicultural environments.

Course contents

The course develops didactic activities of the EU_SOCIAL “European Solidarity: Comparative Interdisciplinary Approach to Law, Politics, and Social Challenges” Jean Monnet Module 2022/2025.

It addresses comparative law from a multidisciplinary perspective, intersecting constitutional law, EU law, environmental law, and political science.

 

Topics:

Comparative Methodology, Practical and Theoretical Targets of Legal Comparison

European Legal Families and Political/Territorial Systems

European Constitutionalism and Comparative Understandings of the Principle of Solidarity

EU and Domestic Legal Framework of Solidarity

Financial, Migration, and Environmental Norms and Policies on Solidarity

Constitutional Adjudication and Interaction with European Courts

 

EU_SOCIAL Staff Members: Sabrina Ragone (Module’s leader); Silvia Bagni, Paul Blokker, Marco Borraccetti, Michela Ceccorulli.

Readings/Bibliography

R. Baubock, Refugee Protection and Burden-Sharing in the European Union, Journal of Common Market Studies, 2018, pp. 141-156.

R. Bifulco, “Federalism”, in The Cambridge Companion to Comparative Constitutional Law, edited Roger Masterman and Robert Schütze, 2019, pp. 312-332

M. Bogdan, Concise Introduction to Comparative Law, 2013 (Chapter 2 “The uses of comparative law”, pp. 15-26; and Chapter 3, “Some problems connected with the study of foreign law”, pp. 29-41)

M. Ceccorulli, ‘Back to Schengen: the Collective Securitization of the EU free-border area’, West European Politics, 42, 2, 2019, pp. 302-322. online

E. Collett, C. Le Coz, ‘After the Storm: Learning from the EU response to the Migration Crisis’, MPI, June 2018. online

A. de Gregorio Merino, The Recovery Plan: Solidarity and the Living Constitution, in EU LAW IN TIMES OF PANDEMIC. The EU's legal response to COVID-19, Eu Law Press Live, 2021, pp. 33-44

G. Halmai, N. Chronowsk, “The decline of human dignity and solidarity through the misuse of constitutional identity: The case of Hungary since 2010”, in Human dignity and democracy in Europe: synergies, tensions and crises, edited by Daniel Bedford, Catherine Dupré, Gábor Halmai and Panos Kapotas, Northampton, Edward Elgar Publishing, 2022, pp. 177-199.

J. King, “Social rights in comparative constitutional theory”, in Comparative Constitutional Theory. Research Handbooks in Comparative Constitutional Law series, Northampton, Edward Elgar Publishing Limited, 2018, pp. 144-166.

M. Klamert, “Loyalty and solidarity as general principles”, in Research handbook on general principles in EU law: constructing legal orders in Europe, Northampton, Edward Elgar Publishing, 2022, pp. 118-135.

P. Kubicek, "Illiberal Nationalism and the Backlash against Liberal Cosmopolitanism in Post-Communist Europe", Nationalism and Ethnic Politics, 28:3, 2022, pp. 332-350.

W. Menski, Afterwords, in Environmental Constitutionalism in the Anthropocene. Values, Principles and Actions, edited by Domenico Amirante and Silvia Bagni, Routledge, 2022.

U. Neergard, S. de Vries, “Whatever is Necessary... Will be Done”: Time for a Less One-Sided View on Solidarity in Europe in the Shadow of COVID-19, in EU LAW IN TIMES OF PANDEMIC. The EU's legal response to COVID-19, Eu Law Press Live, 2021, pp. 75-94

S. Ragone, “European Comparative Law: Reasons for "Enhanced Comparison" and Role of the CJEU”, in Revista de Derecho Político, 2021, pp. 297-325

S. Ragone, G. Moreno González, “The Catalan Issue from a Comparative Constitutional Perspective”, in AA. VV., Catalan Independence and the Crisis of Sovereignty, Cham, Palgrave Macmillan, 2021, pp. 223 – 238

E. Roman, The Burden of “Being Safe”, Blog, 1 October 2020. Available here: https://verfassungsblog.de/the-burden-of-being-safe/

F. de Witte, Justice in the EU. The Emergence of Transnational Solidarity, Oxford University Press, 2015, pp. 79-121.

Teaching methods

The class adopts dialogic learning methods, together with lectures for the explanation of basic issues.

Reccommended articles and chapters will be accompanied by the analysis of judgments and statutes or constitutional amendments, as well as videos.

Seminars dedicated to specific topics will be organized for in-depth information on current affairs.

Students are required to engage and participate in class discussions on previously assigned topics and materials.

Assessment methods

Full-time Students: constant monitoring and one/two written mid-term exams and/or one presentation in class. 

Non full-time students: written and oral final test on the entire syllabus.

Teaching tools

Powerpoint, cases, legal texts, scholarly articles, newspapers, videos.

Links to further information

https://site.unibo.it/jm-module-eusocial/en

Office hours

See the website of Sabrina Ragone