Instructional goals
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.
Prerequisites
Propedeutical exams passed.
Intended learning outcomes
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.
Course Contents
1) Origins and development of European integration
2) EU Membership, values and goals
3) EU institutions
4) EU competences, subsidiarity and proportionality
5) Decision making procedures
6) Exercise of EU external competences
7) Primary law and secondary law
8) The impact of EU law over national legal order: primacy and direct effect
9) Non-judicial protection of rights
10) Judicial protection of rights before the Court of justice (and the related division of competences between the Court of justice and the General Court) and before national judges.
11) Infringement proceedings
12) Annulment proceedings
13) Failure to act
14) Preliminary proceedings
15) Non-contractual liability of the EU
16) “Minor” competences of the Court of justice
17) Judicial protection and procedural law
18) Judicial protection and damage compensation
19) Judicial protection and the duty of consistent interpretation
20) An overview on EU substantive law and EU policies: in particular, internal market, citizenship, competition
21) Area of freedom, security and justice
22) External EU policies
Reference Books
A. Adam, A. Tizzano, Lineamenti di diritto dell’Unione europea, Giappichelli
or
L. Daniele, Diritto dell'Unione europea, Giuffré.
Piattaforma Giappichelli EDU (available at www.giappichelliedu.it)
Teaching Methods
Frontal teaching , case studies, seminars.
Assessment Method
The final exam consists either in a written or in an oral test. The former will be held only 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 2 hours and will be composed of 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: to each answer to an open question or relating to a case study will be given a score from 0 to 6 according to the following criteria, based on the level of preparation shown: insufficient (0 points); not sufficient (1 point); sufficient (2 points); average (3 points); good (4 points); very good (5 points); excellent (6 points).
The failure to achieve at least the score of 18/30 will result in failure to pass the exam.
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, possibly cum laude.
In the open questions – for the purposes of awarding a score from 0 to 6 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.
Thesis assignment criteria
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.
Week 1
1) Origins and development of European integration
I Definition of EU and its position in the regional area
II General features of the EU
III Evolutionary character of the EU
IV Notion of European integration
V The origins of the European Communities and the transitional period
VI The role of the European Court of Justice
VII Enlargement
VIII Single European Act
IX Maastricht Treaty
X Amsterdam Treaty
XI Nice Treaty and the Charter of fundamental rights
XII Constitutional Treaty
XIII Lisbon Treaty
XIV Brexit
Textbook Adam Tizzano Introduzione Cap. I-II
Textbook Daniele Introduzione
Case analysis and discussion (Piattaforma Giappichelli)
Week 2
2) EU Membership, values and goals
3) EU institutions
2)
I Accession
II Values and goal
III WIthdrawal
IV Differentiated integration and multi-speed Europe
ON CAMPUS: 3)
V Commission
VI Council
VII European Council
VIII European parliament
IX Court of Justice of the European Union
X European Central Bank
XI Court of Auditors
XII High Representative for Common and Foreign Security Policy
XIII Consulting bodies
XIV European Investment Bank
XV Agencies
Textbook Adam Tizzano Parte prima Cap. I and Cap. II Parte terza Cap. I
Textbook Daniele Introduzione and Parte I
Case analysis and discussion (Piattaforma Giappichelli)
Week 3
4) EU competences, subsidiarity and proportionality
4)
I Principle of conferral
II Types of competences; internal and external competences
III Exclusive competence
IV Shared competence
V Supporting competence
VI Flexibility clause
VII Preemption
VIII Subsidiarity and proportionality
Textbook Adam Tizzano Parte terza Cap. III
Textbook Daniele Parte VI
Case analysis and discussion (Piattaforma Giappichelli)
Week 4
5) Decision-making procedures
6) Exercise of EU external competences
5)
I Legal basis and the role of EU institutions
II Ordinary legislative procedure
III Special legislative procedure
IV Consultation and approval procedure
V Procedure for delegated acts
VI Procedure for the adoption of implementing acts
6)
VII International legal personality of the EU
VIII Procedure for the conclusion of international agreements by the EU
IX Mixed agreements
X Procedure for request of an opinion of the Court of Justice
Textbook Adam Tizzano Parte prima Cap. IV
Textbook Daniele Parte II
Case analysis and discussion (Piattaforma Giappichelli)
Week 5
7) Sources: primary and secondary law
7)
I Treaties
II General principles and fundamental rights
III Charter of fundamental rights
IV International customary law and international agreements concluded by the EU
V Binding legal acts (both legislative and non-legislative): regulations, directives and decisions
VI Other non-legislative legal acts: in particular, delegated and implementing acts
VII Non-binding legal acts: in particular recommendations and opinions
VIII Atypical acts
IX Interinstitutional agreements
Textbook Adam Tizzano Parte prima Cap. III
Textbook Daniele Parte III
Case analysis and discussion (Piattaforma Giappichelli)
Week 6
8) The impact of EU law over national legal order: primacy and direct effect
9) Non-judicial protection of rights
8)
I Direct effect
II Primacy
III Disapplication
9)
IV Art, 227 and 228 TFEU
Textbook Adam Tizzano Parte prima Cap. III Parte seconda Cap. I
Textbook Daniele Parte IV.1-3 e 7-8
Case analysis and discussion (Piattaforma Giappichelli)
Week 7
10) Judicial protection of rights before the Court of justice (and the related division of competences between the Court of justice and the General Court) and before national judges.
11) Infringement proceedings
10)
I Court of justice and General Court
II Procedure before the Court of Justice
III Proceedings before the Court of Justice and national courts or tribunals
11)
IV Commission v. State and State v. State
V Pre-contentious procedure
VI Contentious procedure
VII Judgement of the Court
Textbook Adam Tizzano Parte prima Cap. III Parte seconda Cap. I, II and III
Textbook Daniele Parte V.1-2
Case analysis and discussion (Piattaforma Giappichelli)
Week 8
12) Annulment proceedings
13) Failure to act
12)
I Locus standi
II Grounds for review
III Judgement and effects
13)
IV Locus standi
V Failures
VI Judgement and effects
Textbook Adam Tizzano Parte prima Cap. III Parte seconda Cap. I, II and III
Textbook Daniele Parte V.3-4
Case analysis and discussion (Piattaforma Giappichelli)
Week 9
14) Preliminary proceedings
15) Non-contractual liability of the EU
16) “Minor” competences of the Court of justice
14)
I Ratio, importance, features and limits
II Notion of national court or tribunal
III Right and duty to refer
IV Preliminary ruling on interpretation
V Preliminary ruling on validity
VI Admissibility and relevance
VII Effects of the judgement
15)
VIII Prerequisites
IX Effects
16)
X Individuation of competences
Textbook Adam Tizzano Parte seconda Cap. IV, V and VI
Textbook Daniele Parte V.5-10
Case analysis and discussion (Piattaforma Giappichelli)
Week 10
17) Judicial protection and procedural law
18) Judicial protection and damage compensation
19) Judicial protection and the duty of consistent interpretation
17)
I Effectiveness of EU law and procedural protection
II Impact on national legal orders and limits of EU law
18)
III Requisites of the action for damages
IV Evolution of the action for damages
19)
V Notion of consistent interpretation
VI Problems: what is lex and disapplication
Textbook Adam Tizzano Parte seconda Cap. VII
Textbook Daniele Parte IV.4-6
Case analysis and discussion (Piattaforma Giappichelli)
Week 11
21) An overview on EU substantive law and EU policies: in particular, internal market, citizenship
21)
I Notion of substantive law and policies of the EU
II Internal market and citizenship
III Competition
Textbook Adam Tizzano Parte terza Cap. II Parte quarta, Cap. I, II, IV, VII
Case analysis and discussion (Piattaforma Giappichelli)
Week 12
22) Area of freedom, security and justice
23) External policies of the EU
22)
I Area of Freedom, Security and Justice
23)
II Origins
III CFSP
IV Common commercial policy
Textbook Adam Tizzano Parte quarta, Cap. V
Case analysis and discussion (Piattaforma Giappichelli)