Instructional goals
Provide students with fundamental knowledge of EU law, including through analysis of the case law functioning of the EU legal order. They will also be able to understand the specificity and uniqueness of this legal system, which is on the border between international law and constitutional law. It is a system that overrides national laws and directs their evolution and development. Finally, students will be able to analyze and interpret current events through their knowledge in the field of EU law.
Prerequisites
None
Intended learning outcomes
Provide students with fundamental knowledge of EU law, including through analysis of the case law functioning of the EU legal order. They will also be able to understand the specificity and uniqueness of this legal system, which is on the border between international law and constitutional law. It is a system that overrides national laws and directs their evolution and development. Finally, students will be able to analyze and interpret current events through their knowledge in the field of EU law.
Course Contents
1) Origins and development of European integration, including with reference to Brexit and the (legal) response to COVID-19
2) EU institutions
3) Membership, values and goals of the EU.
4) EU competences, subsidiarity and proportionality.
5) Sources: primary and secondary law
6) Decision-making procedures
7) The impact of EU law on national systems and the protection of rights before national courts: conforming interpretation, direct effect, primacy and indirect effect
8) Focus on the direct effect: the periods.
9) Revisiting the direct effect, today.
10) The controversial doctrine of horizontal direct effect.
11) Non-contractual liability of the state for violation of EU law.
12) The partial procedural autonomy of states
13) A look at the relationship between Italian law and EU law
14) The protection of rights before the Court of Justice: infringement proceedings and the
15) Preliminary proceedings
16) Action for annulment
17) Action for deficiency
18) 'Minor' competences of the Court of Justice.
19) EU External Action.
20) Hints of substantive law and EU policies: in particular, citizenship, internal market,
21. Simulation of a CJEU case.
Reference Books
For students who have attended 80 percent of classes, i.e., the attending students shown on the list posted on Luiss Learn:
1) R. Schütze, European Union Law, Oxford, Oxford University Press, 3rdedition, 2021, limited to pages 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, limited to pp. 1-246, 289-291.
Although the syllabus, for examination purposes, consists of the two volumes indicated above, it is, of course, advisable for attending students to come to class assiduously so as to enrich their study with slides, notes and materials.
A few few slides, for which students should take special care in their preparation, will be pointed out by Professor Pacer during the course.
The list of attending students will be published at the end of class.
For other non-attending students, who are not listed, therefore, in the list published on Luiss Learn, please refer to the following theses:
1) R. Schütze, European Union Law, Oxford, Oxford University Press, 3rdedition, 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.
References and texts of legislation and case law analyzed during the lectures will be posted online on the course's LUISS Learn page
Teaching Methods
Lectures will be conducted by face-to-face teaching, in particular, with lectures given by Prof. Lorenzo Federico Pace, chair associates and representatives from the world of Italian and European institutions, including jurisdictional bodies.
Group work and collective analysis of current issues will be conducted in some classes.
Assessment Method
The final exam consists of a written exam, scheduled in the first exam session for those who have attended 80 percent of the classes and have chosen to take this test (instead of the oral exam).
The test lasts 3 hours and consists of 14 multiple choice questions, 3 open-ended questions and 1 practical case. The grade is given in thirtieths.
The final assessment is made by summing the scores acquired based on the answers to the test questions: the correct answer to each multiple-choice question results in a score of 1 (if no box is ticked, or an incorrect answer is chosen, no score will be given for the relevant question);
Each open-ended, case study question will be scored from 0 to 5 according to the following criterion based on the level of preparedness shown in the answer:
insufficient (0 points); sufficient (1 point); fair (2 points); good (3 points); more than good (4 points); excellent (5 points).
Failure to achieve a score of 18/30 will result in failure to pass the exam.
Correct response to all multiple-choice questions and demonstration of an excellent level of preparation in all open-ended questions and case study analysis will result in a score of 30/30 with honors.
In the open-ended questions, for the purpose of scoring from 0 to 5 according to the above indications, the following evaluation criteria will be jointly taken into account to assess the student's level of preparation: knowledge and understanding of the institutes and principles of the subject and the ability to apply them to concrete cases; ownership of technical-legal vocabulary; ability to consult and evaluate relevant sources; and acquisition of the method of analysis.
For other students who have not attended at least 80 percent of the classes or have not chosen writing as the examination, the examination consists of an oral examination.
In both the written and the oral, the student must demonstrate knowledge and understanding of the institutions and principles of European Union law and be able to apply them to current events and practical cases. The student should be able to independently analyze the relevant sources and legal guidelines of European Union law and correctly use the technical-legal vocabulary of the subject, thus demonstrating that he or she has attained the study method and learning ability necessary to also independently pursue in-depth study of the subject.
For the purpose of awarding the grade in thirtieths, the following evaluation criteria will be taken into account: theoretical and practical knowledge and understanding of the institutes and principles of the subject (65 percent); ownership of technical-legal vocabulary, ability to consult and evaluate relevant sources, and acquisition of study method (35 percent). The presence of gaps on one or more of the institutes or principles will result in an insufficient evaluation even in the presence of a basic knowledge of the subject.
Thesis assignment criteria
Passing the proficiency examination, interest in critical study of the discipline, aptitude for bibliographical and jurisprudential research, adequate knowledge of English (and possibly one more language between French, Spanish or German).
Week 1
1) Origins and development of European integration, including with reference to Brexit and the (legal) response to COVID-19
i. Definition of EU and divergences between EU, Europe and Council of Europe.
ii. Why was the EU born?
iii. EU sovereignty, autonomy and originality.
iv. Institutional law and substantive law: two sides of the same coin
v. Ventotene Manifesto, Schuman Declaration, ECSC, Messina Conference, Spaak Committee, EURATOM, EEC
vi. Examples of the originality of the EU system: Van Gend, Costa and Kadi
vii. Enlargements
viii. Single European Act
ix. Treaty of Maastricht
x. Treaty of Amsterdam
xi. Treaty of Nice and Charter of Fundamental Rights
xii. Treaty adopting a Constitution for Europe.
xiii. Treaty of Lisbon
xiv. Brexit
xv. Response to COVID 19
Week 2
2) EU institutions
i. Commission
ii. Council
iii. European Council
iv. Parliament
Week 3
2. FOLLOWING:
v. Court of Justice
vi. European Investment Bank
vii. Court of Accounts.
viii. High Representative for the Common Foreign and Security Policy (CFSP).
ix. Advisory bodies
x. Agencies
Week 4
3) Membership, values and goals of the EU.
i. Membership
ii. Values and goals
iii. Withdrawal
iv. Differentiated application and enhanced cooperation
4) EU competences, subsidiarity and proportionality.
Week 5
i. Principle of attribution
ii. Categories of expertise
iii. Exclusive jurisdiction
iv. Concurrent competence
v. Competence to support, coordinate and complement the action of states
vi. Flexibility clause
vii. Preclusion
viii. Subsidiarity and proportionality
Week 6
5) Sources: primary and secondary law
i. Treaties
ii. General principles of law and fundamental rights
iii. Charter of Fundamental Rights
iv. International law
v. Typical binding regulatory acts (legislative and nonlegislative):
regulations, directives, decisions
vi. Other non-legislative binding regulatory acts: in particular, delegated and implementing acts
vii. Typical non-binding regulatory acts: recommendations and opinions
viii. Atypical acts and soft law
ix. CFSP Proceedings
x. Interinstitutional agreements
6) Decision-making procedures
I. Legal basis and role of EU institutions
II. Ordinary legislative procedure
III. Special legislative procedure
IV. Consultation and approval procedure
V. Proxy procedure
VI. Procedure for adopting implementing acts
7) The impact of EU law on national systems and the protection of rights before national courts: conforming interpretation, direct effect, primacy and indirect effect
i. Primacy
ii. Conforming interpretation
iii. Direct effect
Week 7
8) Focus on the direct effect: the periods.
i. Sources of EU law and internal effectiveness
ii. Content of direct effect
iii. Consequences of the direct effect The problematic points
Week 8
9) Revisiting the direct effect, today.
i. The test
ii. The relationship between direct effect and direct applicability
iii. Obligation to disapply vs. faculty to disapply
iv. The 'true' constituents of direct effect and the problem of the reversed vertical effect
v. Physiological and pathological exceptions to the disapplication obligation
10) The controversial doctrine of horizontal direct effect.
i. Treaty rules
ii. Directives
iii. Fundamental rights
iv. Decisions
Week 9
11) Non-contractual liability of the state for violation of EU law.
i. EU Court and EU Tribunal
ii. Procedure before the Court of Justice
iii. Identification of proceedings before the Court of Justice and national courts.
Week 10
12) The partial procedural autonomy of states
i. Articles 227 and 228 TFEU
13) A look at the relationship between Italian law and EU law
i. Frontini and ICIC
ii. Simmenthal and Granital
iii. Article 117 Const.
iv. Decision 269/2017 et seq. until pronouncement 181/2024
v. Saga Taricco
vi. Beach concessions
Week 11
14) The protection of rights before the Court of Justice: infringement proceedings and the possible role of the Court
i. Commission vs. state and state vs.
ii. Pre-litigation phase
iii. Litigation phase
iv. EU Court rulings.
Week 12
15) Preliminary proceedings
i. Rationale, importance, characteristics and limitations
ii. Notion of domestic jurisdiction
iii. Obligation or faculty?
iv. Preliminary question of interpretation
v. Preliminary referral of validity
vi. Admissibility and relevance
vii. Effects of the judgment
16) Action for annulment
i. Legal standing
ii. Grounds for cancellation
iii. Judgment and effects
17) Action for deficiency
i. Legal standing
ii. Reasons for shortage
iii. Judgment and effects
18) 'Minor' competences of the Court of Justice.
i. Identification of competencies
ii. Specifically: labor disputes
iii. in particular: advisory function
19) EU External Action.
i. Origins of coordination
ii. CFSP
iii. Articles 21 and 22 TEU
iv. Articles 215 and 216-218 TFEU
v. Common defense
vi. Common trade policy
vii. Cooperation and association
20) Hints of substantive law and EU policies: in particular, citizenship, internal market, competition, area of freedom, security and justice, and economic and monetary policy
i. Notion of substantive law and EU policies.
ii. Citizenship: beyond the economic
iii. Freedom of movement
iv. Competition, private sector and public sector
v. Area of freedom, security and justice: immigration and humanitarian protection
vi. EMU and the euro, today
21. Simulation of a CJEU case.