Instructional goals
The course aims at studying and illustrating the European Union legal system, in its complexity: starting from the process of European integration, to the institutional framework, the sources of European Union law, and its implementation in domestic legal systems of Member States. Specific attention will be devoted to the various competences of the European Union and to its judicial system.
Prerequisites
Private Law and Constitutional Law
Intended learning outcomes
Knowledge and understanding: the student will acquire knowledge on the most important issues related to European Union law, focusing in particular on cooperation between Member States as a means of facing common challenges. The analysis will be carried out through the study of the case law of the EU Court of Justice, with lectures and experiential teaching.
Applying knowledge and understanding: the student, having acquired the main notions of the subject, will have a basic knowledge that will allow him/her to access a legal professional career at international level. The acquired knowledge will eventually be deepened through the specific courses pertaining to the international law profile, which will allow the student to pursue a career in the most important European institutions.
Making judgements: the student will acquire tools that will allow him/her to understand and analyze from a juridical point of view, starting from the study of the main topics of European Union law, the current events in the regional and global context. The student will also have developed an ability to analyze problems and situations, applying the appropriate regulations to the case studies examined. These skills will also be achieved through the study of the most relevant jurisprudential cases at the European level.
Communication skills: the student will acquire terminological precision and appropriate communication skills through the study of sources and jurisprudential decisions. Communication skills are achieved and verified through: the exam; interaction in the classroom in discussing cases; participation in practical exercises.
Learning skills: the student will be able to apply the knowledge acquired at a theoretical and practical level in the study of current events. These skills are acquired through the preparation of the exam and individual and group practical exercises.
Course Contents
Analysis of the development of the founding Treaties of the EU: from the Rome Treaties to the Lisbon Treaty. The institutions and bodies of the EU. The European citizenship. The sources of European Union Law. The legislative procedures. The implementation of European Union Law in domestic legal systems. The subjects. The EU judicial system. The competences of the European Union.
Reference Books
Strozzi G., Mastroianni R. (2020). Diritto dell'Unione Europea. Parte istituzionale (Ottava ed. aggiornata con l'accordo di recesso del Regno Unito dall'UE, in vigore dal 1° febbraio 2020). Giappichelli Editore.
Teaching Methods
Online and on campus lectures; flipped classroom; simulation of a case before the EU Court of Justice.
Assessment Method
During the final oral exam the student will be required to show that he/she knows and understands the origin, evolution, sources, institutions, the Judicial order of the EU and the relationship between EU and Italian Law. The student is expected to prove that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the subject.
The final grade is expressed in thirtieths. The following evaluation criteria will be taken into account to assign the final grade: knowledge and understanding of the notions and principles of the subject and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary (35%). Insufficient preparation, corresponding to a score below 18, will lead to failure to pass the exam. Answering all questions correctly, demonstrating an excellent level of preparation, will lead to the attribution of a score of 30, possibly cum laude/with honors.
Thesis assignment criteria
Passing the final exam and a clear interest in researching and writing the thesis on this subject. Appropriate knowledge of the English and French languages.
Week 1 Contenuto sessioni on line e on campus
on campus
THE ORIGINS OF EUROPEAN INTEGRATION
- TOPIC 1. Towards the European Union. The Single European Act.
- TOPIC 2. The Treaty on European Union.
- TOPIC 3. The prospects for enlargement
- TOPIC 4. The Treaty of Amsterdam.
online
- TOPIC 5. The Treaty of Nice.
- TOPIC 6. The Treaty that adopts a Constitution for Europe.
- TOPIC 7. The Lisbon Treaty.
Notes of the lessons, Textbook chapter I
Week 2 Contenuto sessioni on line e on campus
THE LISBON TREATY
on campus
- TOPIC 1. Enhanced cooperation.
- TOPIC 2. The common foreign and security policy.
- TOPIC 3. Police and judicial cooperation in criminal matters.
- TOPIC 4. Accession of new states.
- TOPIC 5. Suspension and Withdrawal.
- TOPIC 6. European citizenship.
THE COMPETENCES OF THE EUROPEAN UNION
online
-TOPIC 1. The distribution of competences between the Union and the Member States: the principle of conferral.
-TOPIC 2. “Subsidiary” competences and implied powers.
-TOPIC 3. Categories of European Union competences: the principles of subsidiarity and proportionality.
- TOPIC 4. Internal situations. Sincere cooperation. Differentiated integration.
Case analysis and class discussion.
Notes from the lessons, textbook chapters I-II
Week 3 Contenuto sessioni on line e on campus
THE INSTITUTIONS
on campus
-TOPIC 1. The European Parliament.
TOPIC 1.1. Composition.
TOPIC 1.2. Organization.
TOPIC 1.3. Functioning.
TOPIC 1.4. Powers.
TOPIC 1.5. Powers.
TOPIC 1.6. The European Ombudsman.
TOPIC 1.7. Budgetary powers.
TOPIC 1.9. Parliament’s participation in EU legislative procedures.
- TOPIC 2. The European Council: composition and powers.
TOPIC 3. The Council of the European Union: composition and powers.
TOPIC 3.1. Functioning.
TOPIC 3.2. Voting.
TOPIC 4. Auxiliary bodies of the Council.
online
- TOPIC 5. The Commission.
TOPIC 5.1. Composition and appointment.
TOPIC 5.2. Organization and functioning.
TOPIC 5.3. Competences and powers: power of initiative.
TOPIC 5.4. Decision-making power.
TOPIC 5.5. Implementing powers.
TOPIC 5.6. Management powers.
TOPIC 5.7. Monitoring powers.
TOPIC 5.8. External Relations.
Case analysis and class discussion.
Notes of the lessons, textbook chapter II.
Week 4 Contenuto sessioni on line e on campus
THE INSTITUTIONS (part 2)
on campus
- TOPIC 1. The Court of Justice of the European Union
TOPIC 1.1. Jurisdiction.
TOPIC 1.2. Competences.
TOPIC 1.3. The Court of Justice of the European Union. Composition.
TOPIC 1.4. Organization.
TOPIC 1.5. Procedure.
TOPIC 1.6. The EU’s General Court.
TOPIC 1.7. The specialized courts.
- TOPIC 2. The European Court of Auditors
Notes of the lessons, textbook chap. II.
online
INTERINSTITUTIONAL PROCEDURES
- TOPIC 1. The procedures for the formation of European Union acts.
- TOPIC 2. The ordinary legislative procedure.
- TOPIC 3. The special legislative procedures and the assent procedure.
- TOPIC 4. The procedure for concluding international agreements.
- TOPIC 5. Adoption of the budget.
Case analysis and class discussion.
Notes of the lessons, textbook chap. III.
Week 5 Contenuto sessioni on line e on campus
OTHER BODIES
on campus
- TOPIC 1. Advisory bodies: the Economic and Social Committee.
TOPIC 1.1. The Committee of the Regions.
- TOPIC 2. The European Investment Bank (EIB).
online
- TOPIC 3. Economic and Monetary Union (EMU). The organs.
TOPIC 3.1. The European Central Bank.
TOPIC 3.2. The European System of Central Banks.
Case analysis and class discussion.
Lecture notes, textbook chapt. II
Week 6 Contenuto sessioni on line e on campus
THE EU LEGAL SYSTEM
on campus
- TOPIC 1. The Treaties.
TOPIC 1.1. The procedures for the revision of the Treaties and the flexibility clause.
TOPIC 1.2. The direct effects. The financial liability of the Member State.
online
- TOPIC 2. The principles of the European Union legal system.
- TOPIC 3. The principles relating to the protection of fundamental human rights.
- TOPIC 4. The Charter of Fundamental Rights.
Case analysis and discussion in the classroom.
Notes of the lessons, textbook chapter IV.
Week 7 Contenuto sessioni on line e on campus
on campus
- TOPIC 5. The general principles of international law.
THE EU LEGAL SYSTEM (part 2)
- TOPIC 6. International agreements.
- TOPIC 7. Agreements concluded between Member States.
- TOPIC 8. The agreements concluded by Member States with third States.
online
-TOPIC 9. Secondary law.
- TOPIC 10. Acts of general scope: regulations.
Case analysis and class discussion.
Notes of the lessons, textbook chap. IV
Week 8 Contenuto sessioni on line e on campus
THE EU LEGAL SYSTEM (part 3)
on campus
- TOPIC 11. Non-binding acts: opinions and recommendations.
- TOPIC 12. Atypical acts.
- TOPIC 13. Atypical acts not provided for by the Treaties.
online
- TOPIC 14. Directives.
- TOPIC 15. Decisions.
Case analysis and class discussion.
Notes of the lessons, textbook chap. IV
Week 9 Contenuto sessioni on line e on campus
EUROPEAN UNION LAW AND DOMESTIC LAW
on campus
- TOPIC 1. The problem of the relationship between European Union law and Italian law.
- TOPIC 2. The position of the Constitutional Court and that of the Court of Justice.
- TOPIC 3. The persistence of a fundamental divergence with respect to the Court of Justice.
- TOPIC 4. The constitutional law of 18 October 2001, n. 3, and the impact of the new Article 117 of the Constitution on the definition of the relationship between Union sources and national sources.
online
- TOPIC 5. The relationships between internal rules and Union rules that do not have direct effect.
- TOPIC 6. The formation and implementation of European Union law. The law 24 December 2012, n. 234 482.
- TOPIC 7. Regional autonomies and European Union law.
- TOPIC 8. The new discipline of the law 24 December 2012, n. 234.
Case analysis and class discussion
Notes of the lessons, textbook chap. VI.
Week 10 Contenuto sessioni on line e on campus
THE JUDICIAL FUNCTION
On line
- TOPIC 1. The system of judicial protection. The division of competences between the courts of the European Union.
THE CONTENTIOUS PROCEEDINGS.
- TOPIC 2. Control over compliance with EU law: the infringement procedure. The action for failure to act.
- TOPIC 3. The exception of illegality.
On campus
- TOPIC 4. Actions directed against the Union and its bodies. Control over the legitimacy of the acts and behavior of the institutions: the action for annulment.
- TOPIC 5. Direct actions against Member States. Case analysis and class discussion
Notes of the lessons, manual chap. V.
Week 11 Contenuto sessioni on line e on campus
on campus
JUDICIAL COOPERATION
- TOPIC 9. The preliminary reference
- TOPIC 10. Faculty and obligation to refer. Procedure.
- TOPIC 11. The notion of "national court".
- TOPIC 12. The limits of the obligation to refer.
online
- TOPIC 13. The admissibility of the questions referred.
- TOPIC 14. Nature and effects of preliminary rulings.
Case analysis and class discussion.
Week 12 Contenuto sessioni on line e on campus
on campus
Discussion of the case of the Court of Justice of the European Union identified for the trial simulation and discussed during the course.
online
Process simulation.