EUROPEAN UNION LAW

EUROPEAN UNION LAW

Massimo Francesco Orzan, Alessandro Nato

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.

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 (Nona ed.). Giappichelli Editore. Platform Giappichelli EDU (available at www.giappichelliedu.it)

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 considered 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.

Week 1

THE ORIGINS OF EUROPEAN INTEGRATION -TOPIC 1: Definition of EU - TOPIC 2: General characteristics of the EU. -TOPIC 3: Evolutionary character EU -TOPIC 4: Concept of European integration. -TOPIC 5: The European Communities -TOPIC 6: Single European Act -TOPIC 7: Treaty of Maastricht and European Citizenship -TOPIC 8: Treaties of Amsterdam and Nice -TOPIC 9: Treaty of Lisbon -TOPIC 10: Covid-19 response and Next generation EU Case analysis and discussion in the classroom (Platform Giappichelli). Notes of the lessons, Textbook chapter I

Week 2

MEMBERSHIP, VALUES AND GOALS OF THE EUROPEAN UNION -TOPIC 1: EU accession, procedures and criteria. -TOPIC 2: EU Enlargements -TOPIC 3: Values and Art. 2 TEU -TOPIC 4: Rule of law backsliding in Poland and Hungary. -TOPIC 5: Instruments to protect EU values and rule of law in the EU. -TOPIC 6: Regulation 2020/2092 and the protection of the rule of law -TOPIC 7: Judgments C-156/21 and C-157/21 -TOPIC 8: Withdrawal from the EU Treaties under Article 50 TEU -TOPIC 9: Brexit Case -TOPIC 10: Objectives of the EU. Case analysis and discussion in the classroom (Platform Giappichelli). Notes from the lessons, textbook chapters I-II

Week 3

COMPETENCIES OF THE EUROPEAN UNION -TOPIC 1: Principle of conferral of EU competencies. -TOPIC 2: Categories of competence -TOPIC 3: Exclusive EU competence. -TOPIC 4: Shared EU/Member State competence. -TOPIC 5: Supporting competences. -TOPIC 6: Flexibility clause -TOPIC 7: Preclusion principle -TOPIC 8: Subsidiarity principle -TOPIC 9: Principle of Proportionality -TOPIC 10: External Action -TOPIC 11: Common Foreign, Security and Defense Policy. Case analysis and discussion in the classroom (Platform Giappichelli). Notes of the lessons, textbook chapter II.

Week 4

THE EU INSTITUTIONS - TOPIC 1: EU institutions and the principle of loyal cooperation - TOPIC 2: European Council: structure, functions and powers - TOPIC 3: Council of the European Union: structure, functions and powers - TOPIC 4: European Commission: structure, functions and powers - TOPIC 5: European Parliament structure, functions and powers - TOPIC 6: The European Ombudsman - TOPIC 7: Court of Justice: structure, functions and powers - TOPIC 8: Court of Auditors: structure, functions and powers - TOPIC 9: European Central Bank and economic and monetary union - TOPIC 10: EU Advisory Bodies and EU Agencies. Case analysis and discussion in the classroom (Platform Giappichelli). Notes of the lessons, textbook chapter II.

Week 5

INTERINSTITUTIONAL PROCEEDINGS - TOPIC 1: Procedures for the formation of acts of the European Union - TOPIC 2: Concept of legal basis - TOPIC 3: Ordinary legislative procedures - TOPIC 4: Special legislative procedures - TOPIC 5: Consultation and approval procedure - TOPIC 6: Delegation procedure - TOPIC 7: Procedure for adoption of implementing acts - TOPIC 8: EU budget adoption procedure - TOPIC 9: Enhanced cooperation - TOPIC 10: Procedure for the conclusion of international agreements Case analysis and discussion in the classroom (Platform Giappichelli). Lecture notes, textbook chapt. III

Week 6

THE EU LEGAL SYSTEM - TOPIC 1: The Primary Law of the EU - TOPIC 2: The Treaties - TOPIC 3: The direct effects - TOPIC 4: The financial responsibility of the member state - TOPIC 5: Revision of the Treaties - TOPIC 6: The principles of the EU legal system and the general principle of international law - TOPIC 7: The principles relating to the protection of fundamental rights of the European Union - TOPIC 8: The Charter of Fundamental Rights of the EU Case analysis and discussion in the classroom (Platform Giappichelli). Notes of the lessons, textbook chapter IV.

Week 7

THE EU LEGAL SYSTEM (part 2) - TOPIC 9. International agreements. - TOPIC 9.1. Agreements concluded between Member States. - TOPIC 9.2. The agreements concluded by Member States with third States. -TOPIC 10. Secondary law. - TOPIC 10.1. Acts of general scope: regulations. (Part I) Case analysis and class discussion (Platform Giappichelli). Notes of the lessons, textbook chap. IV

Week 8

THE EU LEGAL SYSTEM (part 3) - TOPIC 10.1. Acts of general scope: regulations (Part II). - TOPIC 10.2. Directives (Part I). - TOPIC 10.2. Directives (Part II). - TOPIC 10.3. Decisions. - TOPIC 10.4. Non-binding acts: opinions and recommendations. Case analysis and class discussion (Platform Giappichelli). Notes of the lessons, textbook chap. IV

Week 9

- TOPIC 10.5. Atypical acts. - TOPIC 10.6. Atypical acts not provided for by the Treaties. EUROPEAN UNION LAW AND DOMESTIC LAW - 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. - 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

THE JUDICIAL FUNCTION - 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. - TOPIC 3. Actions directed against the Union and its bodies. The action for annulment - TOPIC 4 The objection of illegality. - TOPIC 5.The action for failure to act.. . Case analysis and class discussion (platform Giappichelli) Notes of the lessons, manual chap. V.

Week 11

TOPIC 6. The action for damages. TOPIC 7. Jurisdiction pursuant to an arbitration clause. TOPIC 8. Staff cases.

Week 12

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. - TOPIC 13. The admissibility of the questions referred. - TOPIC 14. Nature and effects of preliminary rulings. Case analysis and class discussion (Platform Giappichelli).