EUROPEAN UNION LAW
Obiettivi formativi
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.
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 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.
Testi Di Riferimento
Textbook: R. Schütze European Union Law, Cambridge University Press, III ed., 2021, Part I and II. The textbook will be supplemented by slides and other reading material indicated at the beginning of the course.
Please note: the specific extended syllabus includes also Part III.
Metodologie Didattiche
Traditional lectures with the support of slides, discussion on documents and/or cases studies.
Modalità di verifica dell'apprendimento
Four tests will take place during the course. Details of each test will be announced at the beginning of the course.
Final assessment
For attending students who pass all the four tests: in-class tests results 60%; individual oral examination on topics of weeks 8-12 40%.
For attending students who pass three tests during the lectures: in-class tests results 40%; individual oral examination on the other parts of the course 60%).
Those who pass less than three tests are deemed as non-attending students. They will take a written exam pass/fail and, in case of a positive outcome, an oral exam on a specific extended syllabus (listed under
‘Reference Books’).
It is possible to refuse the final grade only once and in aggregate (i.e., it is not permitted to accept the grade given for single tests).
Criteri per l’assegnazione dell’elaborato finale
Thesis will be assigned to students obtaining a minimum mark of 28/30.
Settimana 1
Introduction to the course. History of the European Treaties. The communitarian approach.
Settimana 2
EU values and human rights.
Settimana 3
Delimitation of competences between European Union and Member States. First test (based on the topics of the first week).
Settimana 4
Structure of the EU. EU institutions: the EP; the Commission.
Settimana 5
EU institutions: the European Council and the Council; the other institutions. Second test (based on the topics of the second week).
Settimana 6
Decision-making procedures.
Settimana 7
Third test: group test on the topics dealt with in the third week.
Settimana 8
Sources of EU Law (1).
Settimana 9
Sources of EU Law (2).
Settimana 10
The competences of the CJEU: infringement; annulment. The other direct competences.
Settimana 11
Preliminary ruling procedure. Fourth test (based on the topics of weeks 4-6).
Settimana 12
Relationship between EU law and Italian legal order.