EUROPEAN UNION LAW

Francesco Cherubini, Robert Schuetze

Obiettivi formativi

The aim of the course is to provide a general overview of the EU institutional architecture, EU legal order and EU internal market. 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.

Prerequisiti

None

Risultati di apprendimento attesi

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.

Contenuti Del Corso

The History of European Integration. The European Union. The EU Institutional architecture. The EU Legal order: Primary law and Legislative acts. The EU General Principles and the Protection of Fundamental Rights. The Enforcement of EU Law in the domestic legal order (Supremacy of EU Law; direct and indirect effects). The European Court of Justice and its functioning (direct actions and preliminary rulings procedure). The EU Competences. The Legislative Powers and Procedures. The Executive Powers. The External Powers of the Union. The EU internal market (free movements of goods, persons, services). EU Competition Law

Testi Di Riferimento

Textbook: R. Schütze European Union Law, Cambridge University Press, 2021, chapters 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17. The textbook will be supplemented by slides and other reading material indicated at the beginning of the course.

Metodologie Didattiche

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

Modalità di verifica dell'apprendimento

Final oral exam.

Criteri per l’assegnazione dell’elaborato finale

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

Settimana 1

ON LINE: Introduction to the course. ON CAMPUS: The History of European Treaties; the European Union and the Lisbon Treaty. Ref: Chapter 1 of the textbook.

Settimana 2

ON LINE: The European Institutional Architecture. ON CAMPUS: The EP; the European Council; the Council Ref: Chapter 3 of the textbook.

Settimana 3

ON LINE: The Commission. ON CAMPUS: The CJEU and the other institutions Ref: Chapter 4 of the textbook.

Settimana 4

ON LINE: The EU legal order: introduction. ON CAMPUS: Primary Law. EU general principles; the Protection of Fundamental Rights Ref: Chapter 12 of the textbook.

Settimana 5

ON LINE: Secondary law: introduction. ON CAMPUS: Secondary law; supremacy of EU Law Ref: Chapters 5 and 6 of the textbook.

Settimana 6

ON LINE: The European Court of Justice. ON CAMPUS: Direct actions; the preliminary rulings procedure. Ref: Chapters 10 and 11 of the textbook.

Settimana 7

ON LINE: The Separation of Powers Principle and the EU. ON CAMPUS: EU Legislative Powers. Ref: Chapter 7 of the textbook.

Settimana 8

ON LINE: EU Executive Powers. ON CAMPUS: Delegate powers; Direct and Indirect Administration. Ref: Chapter 9 of the textbook.

Settimana 9

ON LINE: EU External Powers. ON CAMPUS: Scope and Nature; Treaty-Making. Ref: Chapter 8 of the textbook.

Settimana 10

ON LINE: Mixed agreements. ON CAMPUS: The Internal Market (1): overview. Ref: Chapters 8 and 13 of the textbook.

Settimana 11

ON LINE: The Internal Market (2). ON CAMPUS: Free movement of goods and persons. Ref: Chapters 13, 15 of the textbook.

Settimana 12

ON LINE: Competition Law: Overview. ON CAMPUS: Articles 101-102. Merger control. Ref: Chapter 17 of the textbook.