Al fine di migliorare la tua esperienza di navigazione, questo sito utilizza i cookie di profilazione di terze parti. Chiudendo questo banner o accedendo ad un qualunque elemento sottostante acconsenti all’uso dei cookie.

LUISS Guido Carli

Diritto dell'unione europea - Canale D

Programma

ProfessorDaniele Gallo
Course code696
General Discipline (SSD)IUS/14
Course Year2
SemesterII Semestre
CourseD
Teaching LanguageEnglish
Credits9
Total Workload195
Total Lesson Hours60
Course ContentsTHE DEVELOPMENT OF EUROPEAN INTEGRATION
THE INSTITUTIONS
COMPETENCE, INSTRUMENTS AND THE HIERARCHY OF NORMS
LEGISLATION AND DECISION-MAKING
THE NATURE AND EFFECT OF EU LAW; DIRECT EFFECT AND BEYOND
REMEDIES IN NATIONAL COURTS AND THE RELATIONSHIP BETWEEN EU LAW AND NATIONAL LAW
EU INTERNATIONAL RELATIONS LAW
HUMAN RIGHTS IN THE EU
ENFORCEMENT ACTIONS AGAINST MEMBER STATES
PRELIMINARY RULINGS
REVIEW OF LEGALITY: ACCESS
CITIZENSHIP OF THE EUROPEAN UNION
Reference BooksFor "frequentanti" the book is an additional tool of study, being the slides, materials, notes the object of the exam. For "non frequentanti" the exam will be on the book.

References and texts of the legislation and case-law analyzed during lessons will be published on-line on the chair’s web site.

Reference books are:
P. Craig, G. de Burca, EU Law. Text, Cases, Materials, Oxford, 2015, 1 – 161, 184 – 224, 251 – 278, 290 – 292, 316 – 335, 344 – 544, 731 – 748, 852 – 891

OR

R. Schuetze, EU Law, Cambridge, 2015, 1-470
Course Formative ObjectivesProvide students with a basic understanding of European Union Law, also with a case based approach.
PrerequisitesGood knowledge of English
Teaching MethodFrontal lecturing V
individual training V
interventions of experts V
case studies V
Assessment MethodWritten test for "frequentanti"
Oral exam for non "frequentanti" and for those "frequentanti" who chose not to take the written test.
Criteria For Deciding On Subject Of Final PaperPositive outcome of the exam, interest in a critical understanding of the subject, good skills in bibliographical and case-law research, adequate knowledge of English (and possibly French).
Extended Program And Reference Reading Material
Week 1Part I – The Development of European Integration
1. Europe and European Union: an introduction to the subject and to the course
2. Theories on integration
3. Before the Treaties: the origins of integration and the ECSC
4. EEC and EURATOM Treaties
5. The early enlargements
6. The Single European Act
7. The Maastricht Treaty
8. Further enlargements
9. The Amsterdam Treaty
10. The Nice Treaty, EURO and further enlargements
11. The Constitutional Treaty
12. The Lisbon Treaty and further enlargements
Week 2Part II – EU Institutions
1. General remarks and overview
2. The Commission
3. The Council
4. The European Council
5. The European Parliament
6. The European Central Bank
7. The CJEU
8. The Court of auditors
9. The High Representative
10. The Advisory bodies
11. The European Investment Bank
12. The Agencies
Week 3Part III – Competence
1. General remarks and principle of conferral
2. Exclusive competence
3. Shared competence, pre-emption, subsidiarity and proportionality
4. Supporting, coordinating and supplementary competence
5. Two types of sui generis competence: a) economic, employment and social policy; b) Common Foreign and Security Policy (and defense policy)
6. Implied competence and flexibility: Articles 114 and 352 TFEU
Week 4Part IV – EU Legal Order and the Hierarchy of Norms
1. General remarks and Art. 288 TFEU
2. Legislative acts
3. Regulations
4. Directives
5. Decisions
6. Delegated and implementing acts
7. International agreements
8. Inter-institutional agreements
9. Soft law
10. The hierarchy of norms
11. CFSP acts
Week 5Part V – EU Law Making
1. General remarks and overview
2. The legislative initiative
3. The ordinary legislative procedure
4. The special legislative procedure
5. The enhanced cooperation
Week 6Part VI – The Relationship between EU Law and National Legal Orders and the Impact of the Former on the Latter (I): Direct Effect and Indirect Effect
1. General remarks and overview
2. Direct effect: treaty provisions and Van Gend en Loos
3. Direct effect: regulations, decisions, international agreements and (especially) directives
4. Indirect effect and directives
5. State liability
Week 7Part VII – The Relationship between EU Law and National Legal Orders and the Impact of the former on the latter (II): The Supremacy of EU Law
1. The concept of supremacy and the monism/dualism divide
2. Costa
3. The principle of supremacy, the legal status of national laws and the issue of the role of constitutional courts: a focus on Simmenthal
4. The principle of supremacy and the res judicata
5. Italy and supremacy
Week 8Part VIII – EU External Relations Law
1. General remarks and overview
2. International legal regal responsibility
3. The objectives of the EU as an international actor
4. The external competences of the EU
5. Express external competences of the EU
6. Implied external competences of the EU
7. Treaty making procedure
8. The EU and international agreements
Week 9Part IX – Human Rights in the EU
1. General remarks and overview
2. The role of the ECJ in the field of human rights and the general principles of EU law
3. Art. 6 TEU, the Charter of fundamental rights and the European Convention on Human Rights
4. Human rights as a basis for challenging EU actions
5. Human rights as a basis for challenging Member States actions
6. The Fundamental Rights Agency
Week 10Part X – Overview of the EU Judicial System and Enforcement actions against Member States
1. The CJEU
2. The main functions
3. The composition
4. The jurisdiction
5. Art. 258 TFEU
6. Art. 259 TFEU
7. Art. 260 TFEU
Week 11Part XI – The Preliminary Rulings and Review of legality
1. General remarks and overview
2. Art. 267: the dichotomy interpretation/validity, the notion of tribunal and court and the obligation/choice to refer
3. Role and power of the ECJ
4. The decision on the request
5. The status and efficacy of preliminary rulings
6. The main functions within the procedure for reviewing legal acts
7. The requirements
8. Effects of illegality
Week 12Part XIV – The Failure to Act and Plea of illegality
1. Art. 265 TFEU
2. Legal basis of the plea for illegality
3. The function of the procedure
4. The reviewable acts
5. The applicants
6. The grounds for annulment
7. The effects