EU LAW

Instructional goals

The course aims to provide foundational knowledge of EU law, with particular reference to the so-called EU institutional law. The main objective is the development of the students’ understanding and knowledge of the relevant issues and the strengthening of their ability to interact at the required levels (research, study, professional work) on the main subject-matters of the discipline.

Intended learning outcomes

Knowledge and understanding Students will gain a robust grounding in EU institutional law. The course covers the EU’s institutional framework, sources of law, allocation of competences, legislative and judicial procedures, the principles of supremacy and direct effect, EU citizenship and the protection of fundamental rights. Knowledge is developed through lectures, seminars and systematic analysis of Court of Justice case-law. Applying knowledge and understanding Students will be able to apply the concepts and doctrines of EU law to contemporary legal problems—such as the respect of EU values and the external relations of the Union. Skills are honed through problem questions and peer discussion. Making judgements Students will acquire the tools to critically assess EU legislation and jurisprudence, form independent opinions on the legality of national measures in light of EU obligations, and evaluate policy proposals within the EU legal order. Communication skills Students will learn to construct, defend and communicate legal arguments in clear, structured English—both orally and in writing—through class debates and written assignments. Learning skills By the end of the course, students will be equipped to pursue advanced study or professional paths that require sound expertise in EU law (e.g., EU institutions, national and regional administrations, law firms, NGOs and corporate EU-law departments), and to keep pace with future developments in the Union’s legal system.

Course Contents

The course covers the key aspects of EU institutional law, such as EU values, accession and withdrawal, enhanced cooperations, EU institutional framework, EU sources of law, allocation of competences, legislative and judicial procedures, the principles of supremacy and direct effect, EU citizenship and the protection of fundamental rights.

Reference Books

The study of the following textbook is required: ROBERTO BARATTA, Institution of EU Law, Second Edition, Cedam Legal Studies, 2024, up to page 413+Additional Material (slides) on EU Citizenship

Teaching Methods

This course will follow a combination of lectures, with active participation of students, followed by discussions regarding the most relevant case studies. The course does not impose compulsory attendance, but the active participation of students is very useful for the preparation of the exam.

Assessment Method

The examination consists of a final written exam where the student will be required to demonstrate knowledge and understanding of the relevant legal concepts and the ability to apply these concepts to practical cases brought to the student’s attention. The student is expected to be able to use the appropriate technical and legal vocabulary. The grade is given in thirtieths. Failure to achieve a score of 18/30 will result in failure to pass the exam. The correct response to all questions and proof of an excellent level of preparation will result in the attribution of a score of 30/30, possibly with the award of honors. In assessing the student’s level of preparation, the following evaluation criteria will be considered jointly: knowledge and understanding of the legal framework and the ability to apply it to concrete cases (60%); ability to use appropriate technical and legal vocabulary (25%); ability to critically analyze and evaluate relevant sources and issues (15%).

Thesis assignment criteria

Assignment to be decided upon satisfactory results in the exam and good knowledge of the basic principles of EU institutional law. Good knowledge of the English language and possibly of a second language.

Week 1

THE CONSTRUCT OF THE EUROPEAN UNION On Campus: THE PATH TO EUROPEAN INTEGRATION Online: EU MEMBERSHIP

Week 2

UNION’S AREAS OF ACTION On Campus: THE SYSTEM OF COMPETENCES (I) Online: THE SYSTEM OF COMPETENCES (II)

Week 3

UNION’S AREAS OF ACTION On Campus: PROTECTION OF FUNDAMENTAL RIGHTS - DIFFERENTIATING THE APPLICATION OF THE LAW: ENHANCED COOPERATION Online: THE COMMON FOREIGN AND SECURITY POLICY

Week 4

THE INSTITUTIONAL FRAMEWORK On Campus: THE PRINCIPLES OF ATTRIBUTION AND INSTITUTIONAL BALANCE - THE DEMOCRATIC LEGITIMACY OF THE UNION - LOBBYING IN THE POLITICAL INSTITUTIONS - THE EUROPEAN PARLIAMENT Online: THE EUROPEAN COUNCIL AND THE COUNCIL - THE COMMISSION - THE COURT OF JUSTICE - THE EUROPEAN CENTRAL BANK AND THE COURT OF AUDITORS

Week 5

SOURCES OF LAW On Campus: HIERARCHY OF NORMS Online: SECONDARY LAW - THIRD-TIER LEGAL ACTS - RECOMMENDATIONS, OPINIONS AND SOFT-LAW INSTRUMENTS

Week 6

SOURCES OF LAW On Campus: LAW-MAKING PROCEDURES - THE TREATY-MAKING PROCEDURE Online: DIRECT AND INDIRECT EFFECTS

Week 7

EU LAW AND MUNICIPAL LAW On Campus: THE PRIMACY OF UNION LAW Online: THE INTERNATIONAL AGREEMENTS

Week 8

THE SYSTEM OF JUDICIAL REVIEW On Campus: THE MONIST CONCEPTUAL SCHEME - JUDICIAL REVIEW OVER UNION INSTRUMENTS Online: ACTION FOR FAILURE TO ACT

Week 9

THE SYSTEM OF JUDICIAL REVIEW On Campus: EU NON-CONTRACTUAL LIABILITITY Online: STATE LIABILITY TOWARDS INDIVIDUALS

Week 10

THE SYSTEM OF JUDICIAL REVIEW On Campus: ACTIONS AGAINST MEMBER STATES Online: PRELIMINARY RULINGS

Week 11

EU CITIZENSHIP On Campus: INTRODUCTION AND CATALOGUE OF RIGHTS Online: ACQUISITION AND DEPRIVATION

Week 12

COURT OF JUSTICE CASE-LAW PRESENTATIONS On Campus: CJEU CASE-LAW (I) Online: CJEU CASE-LAW (II)