EU LAW

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.

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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.

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.

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

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.

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.

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).