Dear students, postgraduates, and professors!
We are pleased to invite you to a series of online lectures by Dr. Enrico Albanesi, University of Genoa, Italy.
Dr. Enrico Albanesi is an Associate Professor of Constitutional Law at the Department of Law, University of Genoa, where he holds courses in Constitutional Law and Legislative Drafting. He is also an Associate Research Fellow at the Institute of Advanced Legal Studies (IALS), University of London, where he co-leads the IALS Law Reform Project.
Dr. Albanesi has given several presentations overseas (Albania, Algeria, Belgium, Bulgaria, Estonia, Finland, France, Hungary, Iceland, Israel, Japan, Montenegro, Poland, Portugal, Spain, Thailand, United Kingdom, United States, and Vietnam) and published articles in peer-reviewed international books and journals, such as European Journal of Law Reform, The Theory and Practice of Legislation, Statute Law Review, The Cardozo Electronic Law Bulletin, European Public Law and International Journal of Parliamentary Studies.
Monday, 15th May 2023, 2 pm Kyiv time (3 pm CET): The Impact of EU Law on Domestic Constitutional Law.
Due to the direct applicability, direct effect, and primacy of EU law over domestic (even constitutional) law, the task of applying EU law and disapplying domestic law is on ordinary courts. However, some relevant issues are still managed directly by Constitutional Courts: their primary mission, when it comes to EU law, is dealing with antinomies between EU law and counter-limits (viz., supreme values of the Constitution). Such issues pose considerable challenges to traditional concepts of constitutional law, such as the concept of sovereignty (is the EU a sovereign order? Are EU Member States still sovereign?). As will be demonstrated, from a perspective of constitutional pluralism, judicial dialogue between Constitutional Courts and the European Court of Justice is the only key to resolving such antinomies.
Wednesday, 17th May 2023, 2 pm Kyiv time (3 pm CET): The Impact of the European Convention on Human Rights on Domestic Constitutional Law.
The European Convention on Human Rights (ECHR) affects domestic constitutional law, although in different ways in each State, depending on the tools used to review the compatibility of domestic legislation with the ECHR. In Italy, for example, ordinary courts bring such a case before the Constitutional Court when it is impossible to interpret a piece of legislation consistently with the ECHR. The challenge for the Court is thus to balance opposing (i.e., domestic and conventional) constitutional values. The methodology to deal with such a challenge will be critically analyzed, focusing on Italy as a case study. From this perspective, the importance of Protocol No. 16 to the ECHR (signed and ratified by Ukraine but not by Italy) will be demonstrated.