European Union law
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Teaching methods
- Contacts/Info
A proper knowledge of Public Law Institution is appropriate, as it assures the necessary skills of: - a correct technical language; - the institutional approach; - for the comprehension of the complexities of a jurisdictions; -the knowledge of fundamental institutional notions.
Final exam is an oral discussion with final mark expressed in thirtieth. The interview relates to the whole program, starting from a general question, which is aimed at stating the general level of the preparation of the student. It is up to the candidate to demonstrate the deep knowledge of the general topic. Further questions may be then introduced, which could be once more general, or more specific in order to deeply discuss the subjects.
Will be evaluated: a) exposition; b) use of correct technical language; c) (deep) knowledge of the program; d) masterhood of ECJs and Italian Constitutional Courts case law; e) critical approach and analysis; f) capacity of connecting different subject and institutions.
A written test could be submitted to students. The test could be held in May, and could consist in 4 or 5 open questions on topics related to the program and discussed during the lessons. If the student accepts the positive evaluation, he/she will need to record the note during the summer session. If the student whishes to refuse the evaluation, he/she only need to present his/herself to the oral examination. In that case, the evaluation of the written test is lost.
The course aims at giving an appropriate knowledge of the legal frame and the functioning of European Union. Attention will be given to the current structure of EU Law, starting from an historical introduction, through the analysis of the institutions, the sources of the law, the fundamental principles, ending with the jurisdictional protection of rights in the EU.
The course wants to promote an high consciousness of the EU role as an autonomous jurisdiction in the international community, and in the relationships with Member States and individuals. The final objective is to offer appropriate tools for a critical approach to the study of the functioning of the EU.
Students are meant to demonstrate knowledge and competence relating to: a) composition and functioning of EU institutions and fundamental bodies; b) sources of law, their main characteristics, their effects in national jurisdictions, their impact on the individuals; c) fundamental principles of EU law and their functions; d) methods of protection of individual rights and legitimate interests; e) the Court of justice of the European Union, its jurisdiction, competence and the functions of the proceedings.
At the end of the course, students are meant to: a) understand the global functioning of the EU; b) solve some typical institutional problems; c) find the methods to solve more complicated problems.
1. Introduction: historical origins of EU; 2. EU as an autonomous jurisdiction; 3. Competences ; 4. Institutions ; 5. Sources of law; 6. Adaptation; 7. EU Citizenship; 8. Rights Protection in national systems; 9. Rights Protection in EU System: Competences of the European Court of Justice.
Students of the third (or above) years can opt to present this program, or the one used in their year of studies, but updated.
Specific program for incoming Erasmus students
By request from at least one incoming Erasmus student, the lessons relating to Judicial Review will be held in English. 4 ECTR can be recognised. Requests must be submitted by e-mail (silvia.marino@uninsubria.it) before 1 March 2018. For delayed requests other solutions will be settled with the interested student(s). The lessons will start approximately 24 hours after the beginning of the course and will last approximately 11 hours.
The program is the following:
Enforcement action against Member States and Institutions
Preliminary rulings
Review of legality: access
Review of legality: grounds of review
Damages actions and money claims
A text book will be suggested.
By request, an incoming Erasmus student can choose a program in English. Requests must be submitted by e-mail (silvia.marino@uninsubria.it) before 30 April 2018. 6 ECTR can be recognised. The suggested text is the following:
Nigel Foster, Foster on EU Law, Fifth Edition, 2015
The relevant chapters are:
1. The history and constitutional basis of the European Union
2. The Union institutions
3. The empowerment of the Union: transfer, division, and control of powers
4. EU law: sources, forms, and law-making
5. Supremacy of EU law
6. Ensuring EU laws are effective: remedies and Article 267 TFEU
7. The direct jurisdiction of the European Court of Justice
By request, an incoming Erasmus student can choose the program in English for students in law. 9 ECTR can be recognised. In that case, please consult the description of the course for law students.
The study on this manual is suggested:
Villani, Istituzioni di Diritto dell’Unione europea, Cacucci Editore, 2017
This text is merely suggested. Each student can choose the methods and the manuals for his/her studies.
Instead, the knowledge of normative acts is strictly necessary, in particular the EU Treaty, the Treaty on the Functioning of the European Union, other acts relating to the objects of the course. Every collection can be used, in up to date; texts can be consulted on line on eur-lex.europa.eu.
For the text of the Treaties, we suggest:
Nascimbene, Unione europea. Trattati, Giappichelli 2016.
The course consists in 35 hours lessons, with presentation of slides. During the lessons the discussion of the cases is strongly stimulated.
Joining E-learning platform is also strongly recommended. Students can find the slides shown during the lessons and other important documents for the study, such as new acts and case-law. Moreover, all updates about the course are published there.
The necessary information regarding the organization of the course is contained in this paper and repeated in the e-learning platform. Therefore, the professor is available only for questions regarding doubts or difficulties arisen during the study.
Second semester
Professors
Borrowers
-
Degree course in: