EUROPEAN UNION LAW

Provide students with fundamental knowledge of EU Law, also through the analysis of the most relevant case law and the current events. At the end of the course, students will be able to deeply understand the functioning of the EU legal order. Moreover, they will manage to comprehend the specificity and uniqueness of such legal system, which is on the border between international and constitutional law. It is a system which prevails over national laws and directs their evolution and development. Finally, students will be able to analyze and interpret current events thanks to their knowledges in the field of EU law.

Propedeutical exams passed

Knowledge and understanding: students will have a high level of knowledge of EU law foundations. The acquisition of these skills will be tested during class discussions throughout the course and also in the final test (written or oral). Written test will be held in the first examination session and is reserved to those who attended at least 80% of the classes and opted for it instead of oral examination. Oral examination is the only option for all other students. Applying knowledge and understanding: students will be able to handle materials others from the book, i.e. European Treaties and Court of justice’s case law, as well as to apply the acquired knowledges in the analysis of the EU legal order. The acquisition of these skills will be tested during class discussions throughout the course and also in the final test (written or oral). Written test will be held in the first examination session and is reserved to those who attended at least 80% of the classes and opted for it instead of oral examination. Oral examination is the only option for all other students. Making judgment: students will be able to develop critical thinking, also thanks to the continuous interaction with other students and the lecturer during the course (both on- line and on campus). Communication skills: Students will learn an appropriate legal vocabulary and gain appropriate communication skills in the field of EU law. This will be achieved through the analysis of both legal sources and case law. The skills will be tested during class discussions and also in the final test (written or oral). Written test will be held in the first examination session and is reserved to those who attended at least 80% of the classes and opted for it instead of oral examination. Oral examination is the only option for all other students. Learning skills: students will be able to freely evaluate the EU-related phenomena and processes. Moreover, students will develop a strong knowledge of the key topics of EU law, which will help them to deepen their studies in this field and to undertake different professional paths after the completion of their studies.

1) Origins and development of European integration, also in relation with Brexit and the (legal)response to COVID-19 2) EU institutions 3) EU Membership, values and goals 4) EU competences, subsidiarity and proportionality 5) Primary law and secondary law 6) Decision making procedures 7) The impact of EU law over national legal order and judicial protection of rights before the national courts: consistent interpretation, primacy, direct effect and indirect effect 8) A focus on direct effect 9) Non-contractual liability of the EU 10) Judicial protection of rights before the national courts and procedural law 11) Court of Justice of the European Union : composition and functioning 12) Non-judicial protection of rights (before the Court of justice) 13) Infringement proceedings and possible role of Court of Justice 14) Preliminary proceedings 15) Annulment proceedings 16) Failure to act 17) “Minor” competences of the Court of justice 18) The relationship between Italian and EU law: in particular, the dialogue between the CJEU and the Constitutional Court 19) EU external action 20) An overview on EU substantive law and EU policies: in particular, citizenship, internal market, competition, area of freedom, security and justice, and economic and monetary policy.

A. Adam, A. Tizzano, Lineamenti di diritto dell’Unione europea, Giappichelli, ultima edizione + Online Platform Giappichelli EDU edited by Daniele Gallo and Lorenzo Cecchetti available here.

Frontal teaching; guest lectures by governmental, institutional and judicial representatives; case studies; seminars. Group work and collective analysis of current issues will be conducted in some classes. The course will be taught keeping in constant reference the online platform, mentioned above, Giappichelli EDU, edited by Daniele Gallo and Lorenzo Cecchetti. The platform is a fundamental tool for following the course, clarifying some of the more problematic aspects that emerged during the course, proceeding to self-assessment of knowledge, and delving into case-studies at the heart of the course.

The final exam consists either in a written or in an oral test. The former will be held in the first examination session and is reserved to those who attended at least 80% of the course and opted for it instead of oral examination. The written test will last 3 hours and will be composed of 14 multiple- choice questions, 3 open questions and 1 case study. The grade is expressed in thirtieths. The final evaluation is made by adding the scores obtained, on the basis of the answers given to the questions of the test: the correct answer to each multiple-choice question gives a score equal to 1 (if no answer is given, or if the answer is incorrect, for that question no score will be awarded); to each answer to an open question or relating to a case study will be given a score from 0 to 5 according to the following criteria, based on the level of preparation shown: insufficient (0 points); sufficient (1 point); quite good (2 points); good (3 points); good (4 points); excellent (5 points). The failure to achieve at least the score of 18/30 will result in failure to pass the exam. Correct answers to all multiple-choice questions and an excellent level of preparation in all open questions as well as in the examination of the case study result in a score of 30/30 cum laude. In the open questions – for the purposes of awarding a score from 0 to 5 according to the above indications –, to assess the level of preparation of the student, the following evaluation criteria will be jointly taken into account: knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases; appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the method of analysis. The oral exam is the only option for all other students who did not attend at least 80% of classes. Both in the written and oral test, students will be required to show that they know and understand notions and principles of EU Law and that they are able to apply them to practical cases. Student are expected to be able to autonomously analyze sources and relevant theories of EU Law and to use the appropriate technical and legal vocabulary, thus proving that they have acquired the study method and the learning ability for carrying on, also autonomously, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: knowledge and both theoretical and practical understanding of the notions and principles of the matter (65%); appropriate use of the technical and legal vocabulary, ability to analyze and evaluate relevant sources and acquisition of the study method (35%). Gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Positive outcome of the exam, interest in a critical understanding of the subject, good skills in bibliographical and case-law research, adequate knowledge of foreign languages.