EU LAW AND REGULATION

EU LAW AND REGULATION

Emanuela Pistoia, Marta Simoncini

Obiettivi formativi

This is an advanced module aimed at providing key instruments to analyse EU regulation in context. It builds upon the threshold concepts of EU law to investigate EU regulatory methodologies and tools and their application in key policy areas.

Risultati di apprendimento attesi

Knowledge and understanding: the learner – through course attendance and practical activities – will develop legal skills that are necessary for understanding and working in the area of EU policies and European governance. The assessment of the knowledge will take place during the course and at the end of the course through the submission and the oral discussion of a final research paper. Applying knowledge and understanding: The learner will be able to interpret and apply, also to cases, principles of EU law and regulation by identifying problems and possible solutions. The assessment of the knowledge will take place during the course and at the end of the course through the submission and the oral discussion of a final research paper. Making judgments: The learner, by making use of the appropriate methods learned during the course, will be able to collect data and materials to conduct autonomous research and work in the area of European policies and governance. In particular, the student will: 1) identify the relevant regulatory tools; 2) identify the different factors that contribute to the development of regulatory instruments; 3) understand critically the interaction between EU law and national laws; 4) understand critically the interaction between EU law and international law; 5) apply the threshold concepts of regulation in selected policy areas. The student will gain the ability to evaluate such data independently and to make critical judgments on their application to practical cases. Communication skills: At the end of the course the student will be able to use the technical vocabulary of EU law and regulation, addressing the issues at hand with terminological accuracy. Through the various activities that will take place during the course – lectures, guest lectures, in class discussion, presentations, group work– the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career in the area of EU law. Learning skills: By putting into practice the methodologies learned during lectures and seminars, the learner will be able to elaborate insights and conduct research by consulting specialist texts and journals. The learner will develop a solid knowledge of the fundamental aspects of the matter that will allow her/him to carry on also independently further study as well as to undertake different postgraduate training activities in EU law and regulation.

Contenuti Del Corso

The course provides the necessary skills to support the study in all the specialised tracks of PAGE. The course will empower students to understand the functioning of law and regulation across key regulatory areas. The course is organised through the analysis of key questions across the different regulatory areas. This will allow students to compare the different sectors and develop critical skills to apply the acquired knowledge beyond the proposed sectors. The course will analyse different policy domains, all related to internal market regulation, including with a wider approach to crises and sustainability issues. In examining selected policies and legal instruments, the module will focus on five key issues: 1) The model(s) of regulation adopted in the policy domain. 2) The inputs that affect the EU’s regulatory choices. 3) The ways in which, and extent to which, international law and international bodies interact with and affect EU regulation. 4) The impact of EU regulation on standards and rules beyond EU borders. 5) The contribution of national (subnational) and EU institutional and constitutional structures and sources of law to defining the regulatory legal framework.

Testi Di Riferimento

Relevant materials will be uploaded on the e-learning platform. The following textbooks can be considered a reference for the course: - D Chalmers, G Davies and G Monti, European Union Law. Text and Materials (4th ed., CUP 2019) - R Schütze, European Union Law (3rd ed., OUP 2021) - P Craig and G de Búrca, EU Law (7th ed., OUP, 2020), - C Barnard, The Substantive Law of the EU: The Four Freedoms (7th ed., OUP, 2022)

Metodologie Didattiche

The course is articulated in lectures, seminars, tutorials and guest lectures. Classes will be interactive and will be based on the discussion of case studies, case law and reading materials. Students will receive in advance the relevant reading materials to prepare for classes. Introductory lectures will provide the general framework for understanding topics and their critical issues. In class discussion and teamwork will also help the development of critical skills.

Modalità di verifica dell'apprendimento

Students will be assessed on the basis of their participation in the module’s activities and the final exam. - 60% of the final mark consists of the best performance over a set of activities (e.g., abstract submission; drafting exercise; role play) - 30% of the final mark are allocated to the final paper to be submitted by the end of the module - 10% of the final mark consists of an oral exam. The paper (length: between 1800 and 2000 words; 2000 words is the maximum length; footnotes and bibliography are excluded from the word count) should be on a topic previously agreed with teachers, which will be discussed orally. The assessment criteria will be the following: 1) Relevance to the question 2)Demonstration of understanding of the field 3) Organisation and structure of the answer 4) Evidence provided and its effective use (e.g., case law; scholarship) 5) Originality of treatment and ideas 6) Bibliography A mid-term exam will be a formative work, aimed at practicing for the writing of the final paper. Students that do not reach 60% of attendance will be considered non-attending students. Non-attending students will be assessed on the course materials through the submission of two essays (max 1500 words each; footnotes and bibliography excluded) and an oral discussion.

Criteri per l’assegnazione dell’elaborato finale

N/A