Advanced Course on Institutional Dynamics in Multilevel Constitutionalism

Course Code :2100RECIDM
Study domain:Law
Academic year:2019-2020
Semester:2nd semester
Contact hours:45
Credits:6
Study load (hours):168
Contract restrictions: Exam contract not possible
Language of instruction:English
Exam period:exam in the 2nd semester
Lecturer(s)Patricia Popelier

3. Course contents *

This course analyses the traditional tasks and new functions of national and regional parliaments, courts and autonomous agencies from the vantage point of multilevel constitutionalism and on the basis of concrete cases. Students will gain a better understanding of the different institutional tasks that are taken up in a multi-layered environment, and the intersecting rationales that are involved. For instance, constitutional courts are charged with different tasks in a multilevel context: one such task is to articulate principles and values that contest the supremacy of EU law, another is the review of national law for compliance with the constitution, and EU and Convention law. The result of this review might in turn affect the constitutional separation of powers, and empower agencies under EU law over other branches of government.

Another institution that will be studied in this course is the national parliament: its role in the Subsidiarity Protocol or as a veto player in the simplified revision procedure constitutes a non-traditional task where parliaments are asked to contribute to the legitimacy of other layers of government. Additionally, the regional level gains importance in these debates, and further complicates the picture. The institutional set up of these different mechanisms to allow regional parliaments to play a meaningful role merits comparative inquiry.