Constitutional Developments in the EU

 

Giuliano AMATO (Emeritus Professor)

Venue & dates:

Monday 27 February, 11.00-13.00, Cappella

Monday 5 March, 11.00-13.00, Sala Europa

Monday 12 March, 11.00-13.00, Cappella

Monday 26 March, 11.00-13.00, Villa La Fonte, Room A

Monday 2 April, 11.00-13.00, Sala Europa

 

Administrative Assistant: Annick Bulckaen 

January – March 2012

3 credits

 

 

Seminar description

 

The seminar intends to offer a general overview of the EU institutional architecture and to focus upon the main transversal issues we meet in its principles, rules and procedures.

 We will begin by highlighting the hybrid nature of the EU, mostly through the historical developments  that have transformed an initially international organization into a hermaphrodite that has both international and constitutional features.

The institutional setting will be consequently examined under this light, also analyzing how the Lisbon Treaty  has settled the complex relationships between communitarian and intergovernmental  institutions and procedures.

Where the rate of democracy of the EU comes from is a crucial issue and the role increasingly recognized to National Parliaments is an essential key to understand it .

The enduring uncertainties on the nature itself of the Union are mirrored by the unsolved dilemma between primacy or supremacy of  Union Law , which also is a dilemma as to  the court entitled to the last word, whether the  European Court of Justice  or National courts. The case law of the BundesVerfassung Gericht is at the core of these dilemmas.

Finally the area where the miracle of producing e pluribus unum is mostly difficult will be examined: common foreign and security policy.