The spread of human rights and constitutional, representative government based on the rule of law, as either spurs for development or desirable outcomes of development, seems both possible and urgently necessary and yet we appear to be in a phase where many countries are undergoing a democratic retrogression. This course examines the nature, fate and prospects for constitutional development and democratisation across the globe. Employing both the diachronic and synchronic methods of analysis typical of comparative constitutional law, the course addresses topics such as constitution-making and constitutional amendment; forms of state and forms of government as well as the role and functions of constitutional and supreme courts with the aim of understanding how a given institutional framework may facilitate or obstruct transitions to democracy. The experience of so-called ‘consolidated’ democracies will often be used to examine the transition to democracy of other countries.

2020 will of course be remembered for the terrible effects of Covid-19. From a legal and constitutional perspective some scholars have been debating whether we might be in the presence of 'pandemic backsliding' i.e. democratic retrogression and decay caused by the measures taken in many countries across the globe to tackle the coronavirus. For this reason, this year's class will have the specific task of monitoring the judgments handed down by Constitutional and Supreme Courts worldwide and to verify how the latter, in their role of guardians of the constitution, are reacting to the emergency measures that have been adopted.

2020 also marks the 25th anniversary of the Dayton/Paris Peace Accord which brought an end to the war in Bosnia and Herzegovina. In a special session with Prof. Florian Bieber and Dr. Ognjen Pribicevic as guest speakers and two CCSDD researchers – Dr Carna Pištan and Dr Marko Milenkovic – acting as discussants, students will discuss the political and legal consequences of this historical agreement not only on Bosnia and Herzegovina but also on the rest of the Western Balkan region. More in general, it should be noted that this course is shaped around on-going research and training programmes carried out at the Center for Constitutional Studies and Democratic Development ( www.ccsdd.org). Some of the classes may involve visiting lecturers and researchers from the CCSDD. Finally, students interested in this course are invited to apply to go on the study trip to Sarajevo and Srebrenica at the end of January 2021 (Covid-19 permitting…). (Crossed listed International Relations/International Development) (IL)

Is the European Union (EU) an international organization or a State? Is it democratic or technocratic? Are EU citizens benefitting from EU integration and if so how and why? These are among the existential questions that have accompanied the development of the EU and its law in the last decades. These questions grow louder in our present days, when the model of EU integration is challenged on many fronts; from Brexit to the migration crisis, from the financial crisis of 2008 and the ensuing great recession to the current pandemic and growing geopolitical tensions. Still, the EU remains the most advanced regional experiment of rule-based transnational governance: its law has transformed the lives of EU citizens and provides a model for regional integration to the world.

The course offers an overview of the law and institutions of the European Union; it focuses both on its constitutional structure and its substantive law in key areas of EU policymaking, such as the internal market, competition, human rights and external relations. Employing both an interdisciplinary and comparative perspective (comparing the EU with nation states and other international organizations), the course will address topics including the historical development of the EU, its current constitutional arrangements and form of government, the nature of EU law and its enforcement, the functioning of the EU internal market, the EU Trade Policy, the charter of Fundamental Rights and EU enlargement.

The learning objectives are for students to be able to: understand and describe the structures and processes of the EU, its law and institutions; identify the functions of different legal institutions at the EU level; compare and contrast the constitutional structure of the EU and the nature of its law with other international organizations and states; formulate arguments about the ways in which legal arrangements affect key areas of the European economy and polity; participate in debates concerning the present challenges faced by the EU.

This year the course will also include a special session featuring the holder of Robert J. Abernethy Professorship Romano Prodi, former prime minister of Italy and President of the EU Commission. The special lecture will be in the form of conversation between the students and Prof. Prodi.

It should be noted that this course is shaped around on-going research and training programmes carried out at the Center for Constitutional Studies and Democratic Development (www.ccsdd.org). Some of the classes may also involve visiting lecturers and researchers from the CCSDD.