EUROPEAN UNION LAW

EUROPEAN UNION LAW

Enzo Moavero Milanesi

Instructional goals

The Course is designed to provide students with the knowledge and analytical tools to understand and evaluate, with critical ability, the objectives and evolution of the basic legal order of the European Union (EU) and its institutional structures. The relevant sources of law and the legal categories are also examined and framed in a context structured by an ad hoc methodology. The legislative texts and the jurisprudence of the EU Court of Justice are notably studied and analyzed. In addition, the following topics will be considered during the lectures and discussion: the complexity of the European integration process, the tasks and the operational characteristics of the EU institutions, the relations between EU law and the national legal systems of the EU Member States, the competence of the EU Court of Justice and the related actions, the EU budget, the economic and monetary union and its key rules, the EU’s most current political challenges (e.g. impact of the global economic crisis, growth of the economy, social issues and employment, sustainable development and environmental protection, immigration, security and defense), the future perspective of the Union and possible Treaties’ change.

Intended learning outcomes

Knowledge and understanding: the students, by pro-actively participating in the lectures and in the practical initiatives of the Courses, will get the opportunity to acquire full knowledge of the basic grounds of the EU legal and institutional context, as well as mastery of the key aspect of the functioning of the EU Institutions. Moreover, the students will be trained in the understanding of the legal relationships between EU law and the Member States’ national law, as well as the perimeter of the competences of the Union, both internally and internationally. The effective preparation of the students is verified by frequent mid-term assessments during the open discussions (with both theoretical and practical character) in the classroom. The final check of the Course is an oral examination on the entire Course’s program. Ability to apply own knowledge and understanding: the students will be taught how to develop a critical spirit and the ability to master the contents of the Course with and independent judgment. Furthermore, they will have the chance to become able in understanding, interpreting and applying the relevant rules and notions of EU law, including the understanding of the law case trend, in order to start contributing to the resolution of concrete cases. The students will then learn how to compare the principles and the institutions of EU law with those of national law. The presence of online content (ad hoc created) in the digital platform of the Course and the development of practical workshops will help the students in acquiring their new competences. The real acquisition of such knowledge is ascertained through specific exercises and mid-term assessments. At the end of the Course there will be an oral examination. Autonomous judgment: The students, in relation to EU law, thanks to the use of the methodologies acquired during the Course, will get the chance to improve in their capacity to evaluate trough own critical assessment the jurisprudence, the materials and data, the relevant EU legal provisions, and the jurists’ theories. These skills will strengthen them when called facing concrete issues and contributing to the solution of practical cases. Communication skills: at the end of the Course, the students will be able to understand and use the relevant terminology and the legal wording of EU law. They will learn it by taking part in the various lectures, debates, and discussion in the classroom, as well as in the ad hoc organized mock trial (if allowed by the logistic and the general rules applicable to the university). Furthermore, the students will understand the extreme importance of learning well - at least - one foreign language; indispensable for any professional relationship in the European and more broadly, international context. The fine tuning of each student’s communication skills will also be solicited by the presentations they are called to make during the Course. In this learning context, also IT tools, have a pivotal role. Learning skills: the students, through the use of the notions and methodologies acquired during the Course and with reference to EU law, will be able to collect data and materials, to analyze the EU legal provisions, the jurists’ theories and the jurisprudence. They will learn how to assess all those elements, through their own critical judgment. Thus, becoming able to work on concrete cases.

Course Contents

Origin and evolution of the European integration. The sources of EU law. Grounding principles, values, and objectives of the European Union. Competences attributed to the Union and relationship between EU law and Member States' law. EU law acts. The institutional framework: role, characteristics, and tasks of each EU Institution and/or organism. The legislative procedures of the European Union. The judicial protection and the judicial system of the EU and the related actions before the EU Court of Justice. The economic and monetary union and its key rules. The European citizenship, the EU Charter of Fundamental Rights, the citizen’s legislative initiative, the ‘Better Regulation’. The EU budget system. The Common Foreign and Security Policy and the international agreements/treaties. The EU and its nowadays challenges: global economic crisis, growth, employment, sustainable development, ‘green deal’, migrations, security, health (and Covid-19), the initiative ‘Next Generation Europe’. Joining and leaving the EU. How to change the EU Treaties. The Law n.234/2012 governing the institutional participation of Italy to the EU activity and legislative action. The different ‘geometries’ of the European integration. The debate on the future of the European Union.

Reference Books

Students are free to choose one of the current and updated EU Law handbooks. NB: following carefully and regularly the lectures is fundamental in order to learn the entire specific Course program. To this end, notes taken in class may be particularly relevant, notably for topics less touched by handbooks. The study of the textbook of each student’s choice should be matched by the knowledge of the relevant provisions of the EU Treaties and of the jurisprudence of the EU Court of Justice, reported during the lectures.

Teaching Methods

Lectures, open discussions, study of the case law, practical exercises. Use of schemes and other materials.

Assessment Method

Oral exam. During the oral exam the student will be required to show that he/she knows and understands notions and principles of the European Union Law. The exam is based on the full course program, as set above. During the exam the student could also show that he/she is able to apply the understood notions to practical cases. Students are expected to show the capacity to analyze sources and relevant theories of European Union Law and to use the appropriate technical and legal language, thus proving that she/he has acquired the study method and the learning ability for carrying on, independently, further study of the matter, also considering the possibility of employment in an international perspective. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: (i) knowledge and understanding of all the topics provided for in the program of the course and taught during the lectures (30%), (ii) understanding of the matter and ability to deal with concrete cases (30%), (iii) ability to analyze, evaluate and use the relevant legal sources and acquisition of the study method (20%), (iv) appropriate use of the technical and legal vocabulary (20%). Gaps in one or more of the parts of the course syllabus mentioned above lead to failure, even in the presence of a basic understanding of the EU institutional framework. The exam covers the entire course syllabus, as indicated above. During the exam the student must be able to demonstrate the ability to apply the concepts learned to practical cases.

Thesis assignment criteria

The final thesis for the degree is assigned taking into account the result of the exam and the intherest of the topic proposed and chosen.

Week 1

Description of the Course, of its structure, of the workshops and of the final oral exam. The rationale of the EU: a transfer of competences from the Member States to the Union. Prima facie impressions and opposite thesis about a complex process in permanent development (discussion). The historic background, the origin and the evolution of the European integration. Origin of the European Communities, the European Union and of their legal system. From the 'Schuman Declaration', to the present European Union: the Treaties and the main steps of the European integration. The peculiarity and the main characteristic of the EU legal system. The legal nature of the EU Treaties and of the EU Law. The present Treaties: TEU, TFEU. The functioning of the EU: a complex relation among Member States’ institutions and the EU common institutions.

Week 2

The founding 'values' of the EU (Art. 2-7 TUE). The democratic accountability of the EU. The 'objectives' of the EU (Art. 3 TEU). The guiding 'principles' of the EU and the partition of competences between the EU and its Member States: - 'loyal cooperation', - 'attribution', - 'subsidiarity', - 'proportionality'.

Week 3

The Institutional framework of the European Union. The EU formal legal acts and the other types of acts of the European Union. The relationship between EU law and the law of its member, in particular: (i) the so-called 'direct effect' and the ‘direct applicability’ of EU law, (ii) the ‘supremacy’ of EU law.

Week 4

Workshop: the judgements of the EU Court of Justice: 'Van Gend ', 1963 and ‘Costa/Enel', 1964. The European Parliament. The European Council

Week 5

The Council. The European Commission.

Week 6

The procedures for the adoption of the EU acts, within the frame of the EU interinstitutional relations. The ‘transposition’ of EU Law within the legal systems of the EU Member States. The EU advisory bodies: European Economic and Social and the European Committee of the Regions. The so-called EU Agencies.

Week 7

Workshop: how to find and use the sources of EU Law. Analysis of examples of EU law acts. The European Court of Justice and the judicial system of the EU. Different judicial remedies within the EU: the action before the EU Court of Justice.

Week 8

[second part] The European Court of Justice and the judicial system of the EU. Different judicial remedies within the EU: the action before the EU Court of Justice. The liability of a Member State for the infringements of EU Law and the related sanctions. The European Court of Auditors. The European Investment Bank (EIB).

Week 9

The EMU: the European Central Bank (ECB) and the single currency (Euro). The constraints of the Maastricht Treaty and the significant related rules.

Week 10

The EU and the global challenges: migrations, ‘sustainable development’ and the European green deal, health policy and the pandemic and its economic impact, security and defense policy. The budget of the EU: Multiannual Financial Framework (MFF) and annual budget.

Week 11

Common Foreign and Security Policy (CFSP). Negotiation and signature of international treaties and deals by the EU. The accession of countries to the European Union and the withdrawal of a Member State from the EU. The so-called ‘Brexit’. The EU citizens' rights and their imput to the EU legislative initiative (Art. 11 TEU) and the European Ombudsman. The legislative simplification and the 'Better Regulation’.

Week 12

The Law n.234/2012 on the participation of Italy to the European Union. The EU Charter of Fundamental Rights. The procedure for amending the EU Treaties. The legal and political debate on the future of the European Union.