B6176 - WORKSHOP 1 - SKILLS: COMPARATIVE LEGAL SKILLS

Learning outcomes

This workshop provides students with transversal and multidisciplinary skills for their future employments in both the private and the public sector, intersecting legal comparison, public law, constitutional law, and administrative law. At the end of the activities, students will have acquired comparative knowledge concerning legal tools to infringe upon the rule of law and will have read, analysed and tried judicial reasoning techniques on the issue.

Course contents

The workshop (20 hours) provides students with relevant constitutional, comparative and jurisprudencial tools to understand the crisis of the rule of law within the EU. It is one of the didactic activities of the Jean Monnet Chair ROLLBACK "Rule of Law Backsliding in Europe" 2023-2026.

The different sessions examine the normative techniques adopted in the EU member states, starting from Poland and Hungary, to undermine the separation of powers and the independence of the judiciary.

Official documents of EU institutions, national constitutional and legislative texts, rulings of the relevant European and national courts are analysed in class.

Readings/Bibliography

-Case of Lorenzo Bragado v. Spain, European Court of Human Rights, 2023

-Cases C-156/21 and C-157/21, EU Court of Justice, 2022

-Joined Cases C 715/17, C718/17 and C719/17 Commission v Poland, Hungary and the Czech Republic, EU Court of Justice, 2020

-Case C‑216/18, LM Case, EU Court of Justice, 2018

-Annual Rule of Law Report by the EU Commission

-G. Halmai, “The Fall of the Rule of Law in Hungary and the Complicity of the EU”, Italian Journal of Public Law, 2020, pp. 205-223

-L. Pech, "The Rule of Law", in Paul Craig, and Gráinne de Búrca (eds), The Evolution of EU Law, OUP, 2021, pp. 307-338

Additional Material will be indicated in class.

Teaching methods

The workshop adopts different methods: a) practical analysis of legislative texts and sentences; b) search for materials on the websites of relevant parliaments and courts; c) use of databases and textual analysis.

Assessment methods

This workshop does not provide a specific grade, rather just a pass.

In order to pass the course, students are required to complete an assignment based on the sessions and to actively participate in class.

Teaching tools

Slides, institutional websites

Links to further information

https://site.unibo.it/jm-chair-rollback/en

Office hours

See the website of Sabrina Ragone