Learning objectives
The course aims first of all to aims to provide students with specialized knowledge regarding the complexity of the sustainability concept and its relevance in the contemporary global constitutional context, as well as the content and scope of the Agenda 2030 document, with a particular focus on the environmental/food issue. Moreover, the course intends to provide methodological tools and theoretical principles concerning legal comparison and its challenges, as well as to offer basic knowledge on how core issues related to innovation and food security are regulated in different legal systems. The final objective is to develop student's critical thinking skills regarding issues and problems discussed, as well as to apply the acquired knowledge to real cases, by also employing the comparative method.
Prerequisites
Verify what indicated in the single Modules.
Course unit content
The course is divided in two different Modules.
The first part of the course (Module A) aims to study Constitutional Law from a dynamic and global perspective, where the concept of sustainability presents a central relevance as a new keyword of 21st century constitutionalism. Particularly, the course will focus on: the impact of sustainability concept and the analysis of the new spatial/temporal dimensions of contemporary Constitutional Law; the issue of new legal subjectivities, such as future generations and the need to reconsider constitutional principles and public policies (at all institutional levels of competence) from a necessarily intergenerational perspective; the new instruments of Constitutional Law (sustainability leads to considering not only national constitutions but also other legal documents of global relevance, such as the Bruntdland Report 1987, the Rio Earth Summit documents 1992, the Declaration of the Rights of Nature, 2010); study and analysis of Agenda 2030 as a new global 'constitutional' program, which, through the principle of sustainability, holds together environmental, economic, social and democratic issues; the relationship of principle of sustainability with other principles-values of constitutional standing, such as solidarity, rationality, subsidiarity.
The second part of the Course (Module B) is dedicated to the study of the comparative method as well as of the main legal challenges concerning, in different legal systems:
i) the promotion and implementation of scientific and technological innovation in the agri-food sector;
ii) the promotion and enforceability of food security policies and regulatory solutions, also aiming at safeguarding sustainability.
In this context, the course focuses, through a comparative analysis concerning different legal systems (EU, extra-EU Countries) on:
- the right to food and food security in a comparative perspective: an analysis of constitutional provision and relevant case-law;
- introductory notions on food regulation and food law main principles in the extra-EU countries (food safety, precautionary principle, role of independent authorities, main federal institutions, food labelling in different selected countries such as UK and USA).
- the legislative framework and policies guaranteeing food sustainability: analysis of selected case studies regarding (but not limited to) the promotion of sustainable consumption choices, food waste, green claims;
- the legislative framework and policies governing innovation and technological and scientific progress in the agri-food sector: introduction to specific case studies (i.e. GMOs, Novel Foods, Crispr) but also main constitutional provisions governing innovation and scientific research. The role of Courts and relevant case-law will also be explored.
Bibliography
Refer to the reference texts indicated in the two single Modules.
Teaching methods
Verify what indicated in the single Modules.
Assessment methods and criteria
Written exam based on open questions. Attending-students only will be allowed to divide the examination in two parts. The first one will refer to Module A and will take place at the end of the first part of the Course. The second part, concerning Module B contents, will take place at the end of the lessons. The final assessment will be determined overall by the grades obtained in the two tests.
Regarding the assessment methods for each Module, please refer to the specific instructions provided in the specific Modules.
