European Constitutional Law

Triantafyllia (Lina) Papadopoulou

Description

 

1.   Introduction to European Constitutional Law
2.   Are the Treaties the ‘Constitution’ of the Union?
3.   What kind of democracy for the Union? Is there a democratic deficit?

  1. The notion of representative democracy in the Union (Art. 10 Treaty of European Union).
  2. Citizens’ participation to the political governance of the Union (Art. 11 Treaty of EU).
  3. The role of national parliaments in the EU (Art. 12 Treaty of EU) and Protocol

4.   European Citizenship.
5.   Constitutional principles: Subsidiarity.
6.   Towards the Constitutionalisation of the Area of Freedom, Security & Justice.
7.   Institutions:

  1. The Council,
  2. The President,
  3. The Commission,
  4. The Parliament.

8.   Separation of powers.
9.   The Relationship between EU law and national constitutions.
10. The Economic Constitution of the Union.
11. CFSP-EU external relations.
12. Relationship between EU law and national Constitutions.
13. The Union and Fundamental Rights:

  1. the ECJ case-law,
  2. The Charter of Fundamental Rights as a new source of
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Course code: OCRS395
Category: Νομικής » Προπτυχιακό
CC - Attribution-ShareAlike
CC - Attribution-ShareAlike

Course Units

The EU as an international (or supranational?) organization.
  1. What is the European Union?
  2. The History of European Union.

Keywords: European union, sui generis, cooperation

The institutional framework of EU
  1. Competences between EU and MS.
  2. Main Principles.
  3. The EU institutions.

Keywords: European institutions, double majority, EU parliament

The European Union as a sui generis organization
  1. Main terms and definitions.
  2. Meaning of a European Constitution according to the Treaty establishing a Constitution for Europe.

Keywords: European union, sui generis, cooperation

Can the European Union as a sui generis organization have a constitution?
  1. What is a Constitution?
  2. Are the Treaties the ‘Constitution’ of the Union?

Keywords: constitution, state, demos

The material Constitution of the EU
  1. Constitutional values (substance).
  2. Constitutional principles (organizational).
    1. The principle of conferred powers.
    2. The principle of subsidiarity.
    3. The principle of proportionality.
    4. Flexibility.
  3. Constitutional principles (organizational and substantial).
  4. Liberty, democracy and rule of law.
  5. Protecting fundamental rights.

Keywords: formal constitution, material constitution, ideal constitution

Democracy and legitimacy of EU
  1. The legitimacy of EU:
    1. Output legitimacy.
    2. Input legitimacy.
    3. Triple legitimacy.
  2. The architecture of Lisbon Treaty.

Keywords: democracy, democratic legitimacy, principles

The protection of fundamental rights at EU level
  1. The European Union Charter of Fundamental Rights.
    1. Legal aspects.
  2. Relations between Charter and ECHR.
  3. Adhesion of EU to the European Convention on Human Rights.
  4. ECtHR v CJEU.  

Keywords: human rights, protection, EU Law

Judicial protection of individuals
  1. Direct effect.
  2. Indirect effect.
  3. State liability.

Keywords: direct effect, indirect effect, liability

The European Citizenship
  1. Article 20 TFEU.
  2. Micheletti Judgement (1992).
  3. Rotmann Case (2010).
  4. The ‘Zambrano’ criterion.

Keywords: European Citizenship, freedom of movement, discrimination

The contribution of National Parliaments to the good functioning of the EU
  1. Article 12 of The Treaty of EU.
  2. Protocol 1 on the role of National Parliaments.
  3. Protocol 2 on the application of the principle of subsidiarity and proportionality.
  4. Yellow and orange card procedure.

Keywords: National Parliaments, European union, function

Open Academic Course

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OpenCourses Level: A-

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