EUROPEAN UNION LAW
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.
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, 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
There will be an intermediate test at the end of the third week of teaching.
For the students who pass the intermediate test the mark will be weigthed as follows:
25% intermediate test result; 75% oral exam.
For the students who do not take the intermediate test: 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
Introduction to the Course.
The History of European Integration
The European Union and the Lisbon Treaty.
Ref. Chapter 1 of the Textbook
Settimana 2
The European Institutional architecture
The European Parliament
The European Council and the Council of Ministers.
Ref. Chapter 3 of the Textbook.
Settimana 3
The Commission
The CJEU
Other Institutions and organs
Ref. Chapter 4 of the Textbook
Settimana 4
Intermediate test
The EU legal order: Introduction. Primary Law. EU general principles
Ref: Chapter 12 (section 1); Chapter 11 (section 3) of the Textbook
Settimana 5
The protection of fundamental rights.
Secondary Law.
Ref. Chapter 5 and Chapter 12 (sections 2-3) of the Textbook.
Settimana 6
Supremacy of EU Law
The European Court of Justice and the Judicial Powers. Procedures before the EU Court of Justice. Direct actions
The preliminary rulings procedure
Ref: Chapter 6 and Chapter 10 of the Textbook.
Settimana 7
The Separation of Powers Principle and the EU
The Legislative Powers of the Union: Scope and Nature. Subsidiarity and Proportionality
Ref: Chapter 7 of the Textbook
Settimana 8
The Executive Powers of the Union: Governmental Powers.
Delegated Powers.
Direct and Indirect Administration.
Ref: Chapter 9 of the Textbook.
Settimana 9
The External Powers of the Union: Treaty-Making Procedure.
Scope and Nature.
Mixed Agreements
Ref: Chapter 8 of the Textbook
Settimana 10
The Internal Market: Overview and Free Movement of Goods.
Ref: Chapter 13 of the Textbook
Settimana 11
The Internal Market: Free Movement of Persons.
Ref: Chapter 15 of the Textbook.
Settimana 12
EU Competition Law: Overview, Art. 101 and Art. 102 TFEU and Merger Control.
Ref: Chapter 17 of the Textbook.