EUROPEAN UNION LAW

EUROPEAN UNION LAW

Francesco Cherubini

Instructional goals

The aim of the course is to provide a general overview of the EU institutional architecture and EU legal order. Students should reach a satisfactory level of knowledge of the topics included in the program and should be able to develop a critical approach to the concepts and the information acquired during the course.

Intended learning outcomes

Knowledge and understanding: knowledge of the legal roots of European integration, its evolution, methodology, functioning, and of some of its most important and controversial policies. Applying knowledge and understanding: ability to frame the current problems of European integration within the institutional legal context of EU. Making judgements: acquisition and application of the legal tools for the understanding of EU institutional dynamics. Communications skills: ability to elaborate, in oral and written form, legally correct information, solidly based on normative data, concerning the functioning of the EU and some of its policies. Learning skills: maturation of a capacity of reading the process of European integration in the perspective of its possible future developments.

Course Contents

The history of European integration. The EU general principles and the protection of fundamental rights. The EU competences. The EU Institutional architecture. Decision-making procedures. The EU legal order: primary law and legislative acts. The European Court of Justice and its functioning: direct actions and preliminary rulings procedure. Supremacy of EU law.

Reference Books

Textbook: R. Schütze European Union Law, Cambridge University Press, IV ed., 2025, Part I and II. The textbook will be supplemented by slides and other readings.

Teaching Methods

Traditional lectures with the support of slides, discussion on documents and/or cases studies.

Assessment Method

Students will take a final written exam pass/fail and, in case of a positive outcome, an oral exam.

Thesis assignment criteria

Thesis will be assigned to students obtaining a minimum mark of 28/30.

Week 1

Introduction to the course. History of the European Treaties. The communitarian approach.

Week 2

EU values and human rights.

Week 3

Delimitation of competences between European Union and Member States.

Week 4

Structure of the EU. EU institutions: the EP; the Commission.

Week 5

EU institutions: the European Council and the Council; the other institutions.

Week 6

Decision-making procedures.

Week 7

Workshop week.

Week 8

Sources of EU Law (1).

Week 9

Sources of EU Law (2).

Week 10

The competences of the CJEU: infringement; annulment. The other direct competences.

Week 11

Preliminary ruling procedure.

Week 12

Relationship between EU law and Italian legal order.