C8742 - COMPARATIVE EUROPEAN LAW

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 significant European legal families and traditions 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. The European and comparative approach will be particularly beneficial for pursuing their careers in international, multidisciplinary and multicultural environments.

Course contents

1. Comparative Methodology

• Methods, functions, and uses of comparative public law
• Legal traditions and comparative constitutionalism

2. European Integration and Multilevel Constitutionalism

• The constitutional development of European integration
• Common constitutional traditions and European constitutionalism
• Constitutional pluralism and the relationship between EU and national legal orders

3. Comparative Constitutional Systems

• Models of government and territorial organization
• Democracy, the rule of law, and constitutional change in Europe

4. Constitutional Justice and European Courts

• Comparative models of constitutional review
• Dialogue between constitutional courts, the Court of Justice of the European Union, and the European Court of Human Rights
• Landmark European constitutional cases

Readings/Bibliography

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)

G. Martinico, The Tangled Complexity of the EU Constitutional Process. The Frustrating Knot of Europe, Routledge, 2022, 2nd edition, chapter 2.

M. Nicolini, S. Bagni, Comparative constitutional justice, Eleven, 2021, pp. 1-22

F. Palermo, K. Kössler, Comparative Federalism. Constitutional Arrangements and Case Law, Hart Publishing, Oxford, 2017, pp. 67-114

I. Pernice, “Multilevel Constitutionalism and the Crisis of Democracy in Europe”, in European Constitutional Law Review, 2015, pp. 541–562

S. Ragone, Territorial Politics of Regionalism in Italy Between Integration and Disintegration, in Aa. Vv., Territorial Politics and Secession. Constitutional and International Law Dimensions, Cham, Palgrave Macmillan, 2021, pp. 191 – 213

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. Smorto, Comparative Law: A Very Short Introduction, OUP, 2023 (chapters 1, 3, 7)

Court of Justice of the European Union (CJEU), Melloni (2013)

Court of Justice of the European Union (CJEU), Taricco (2015)

Court of Justice of the European Union (CJEU), LM (Celmer) (2018)

Court of Justice of the European Union (CJEU), Hungary v Parliament and Council (Conditionality Regulation) (2022)

Court of Justice of the European Union (CJEU), European Commission v. Hungary (2026) (Case C-769/22, Judgment of 21 April 2026)

European Court of Human Rights (ECtHR), Bragado v. Spain (2025)

Italian Constitutional Court, Judgment No. 71/2026

Teaching methods

The course combines traditional lectures with interactive learning methods. In addition to lectures, students will engage in the discussion and analysis of landmark judgments delivered by international, European, constitutional, and supreme courts, as well as selected legislative and policy documents. Classes will be supported by presentations and other teaching materials. Students will also deliver individual or group presentations on selected topics and case studies. Active participation in classroom discussions and critical engagement with the assigned readings are expected throughout the course.

Assessment methods

Attending students will be assessed through an in-class written examination and an individual or group presentation on a topic agreed with the instructor.

Non-attending students will take a written examination, followed by an oral examination on the same day, covering the entire course syllabus and the assigned readings.

Teaching tools

Powerpoint, Newspapers, Policy papers, blogs.

Office hours

See the website of Sabrina Ragone