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

Completion of the prerequisite exams Good knowledge of English

Knowledge and understanding: Students will acquire a specific knowledge on the main issues of EU Law, such as the development of European integration, the institutions, competences, the EU legal order, the protection of human rights, the impact of EU law on national legal orders, state liability, law making and judicial proceedings. This goal will be achieved through both theoretical lectures and the analysis of the case law of the European Court of Justice (ECJ). 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 other students. Applying knowledge and understanding: Students will be able to handle and apply the norms and principles of EU law, also when facing specific cases. Moreover, they will be able to identify the role played by such principles and norms in the process of European integration. The acquisition of these skills will be tested during class discussions throughout all 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 judgments: Students will be able to understand and analyze in a critical way the European integration and the role played by the European Union in the management of the past and future challenges. In addition, the analysis of the ECJ case law will help the development of a critical thinking. 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: Skills acquired during the course will allow students to understand and interpret autonomously the forthcoming legislation and case law in the EU legal order. 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, including with regard to 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: the milestones 9. Revisiting direct effect, today 10. Controversial horizontal direct effect 11. State liability 12. Partial national procedural autonomy 13. An overview on the relationship between Italian and EU law 14. The judicial protection of rights before the CJEU: infringement proceedings and possible role of Court of Justice 15. Preliminary proceedings 16. Annulment proceedings 17. Failure to act 18. “Minor” competences of the CJEU 19. EU external action 20. An overview on EU substantive law and EU policies: citizenship, internal market, competition, area of freedom, security and justice, and economic and monetary policy. 21. Simulation of CJEU case

Students who have attended at least 80% of the classes, i.e., are “attending students” as stated in the list published on Luiss learn page, have to refer to the following: 1. The slides and class notes constitute the reference material for certain (small) parts of the course identified during class. In particular, these parts correspond to n. 1, 5, 7 and 20 of the list presented above. Additionally, attending students must refer to: 2. R. Schütze, European Union Law, Oxford, Oxford University Press, 3rd edition, 2021, limited to pages 73–149; 227–286; 291–304; 314–338; 357–438; 451–470; 888–903, and 3. D. Gallo, Direct Effect in EU Law, Oxford, Oxford University Press, 2025, limited to pages 1–246. The list of “attending students” will be published a week after the end of the classes. For “other students”, i.e., students who did not attended at least 80% of the class and, therefore, are not in the mentioned list, please refer to: 1. R. Schütze, European Union Law, Oxford, Oxford University Press, 3rd edition, 2021, limited to pages 3–41; 73–149; 227–286; 291–304; 314–338; 357–438; 451–470; 888–903. 2. D. Gallo, Direct Effect in EU Law, Oxford, Oxford University Press, 2025. Please note that any references to legislation and case law analyzed during the lectures will be published online on the official LUISS Learn page of the course.

The teaching method will consist of frontal teaching, including lectures given by Professor Daniele Gallo, visiting Professor Paul Dermine from the Université Libre de Bruxelles, teaching assistants, and representatives from Italian and European institutions, including judicial bodies. Some classes will involve group work and collective analyses of current issues in EU law.

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); very 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. 2) The oral exam is the only option for all other students (i.e. did not attend at least 80% o classes or have not decided to take the written test). 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 English (and possibly one more language amongst French, Spanish or German).