DIRITTO DELL'UNIONE EUROPEA
Good knowledge of Public Law and International Law is suitable for a
better understanding of specific juridical terms and classes of EU Law
Final exam is an oral discussion with final mark expressed in thirtieth.
The interview relates to the whole program. Students can take the exam only on the second part, if they got a sufficient mark in the intermediate text(s). Normally, but not necessarily, two
questions will be asked on the first part of the program, one on the
second.
Will be evaluated: a) exposition; b) use of correct technical language; c)
(deep) knowledge of the program; d) masterhood of CJEU'sand Italian
Constitutional Courts case law; e) critical approach and analysis; f)
capacity of connecting different subject and institutions. During the
interview case law could be discussed, if examined during the course or
analyzed in the books suggested.
The course means to give a deep knowledge of the frame and the
functioning of European Union. In the first part, attention will be given to
the proper structure of EU Law, starting from an historical introduction,
passing through the analysis of the institutions, the sources of the law,
the fundamental principles, concluding with the jurisdictional protection
of rights in the EU. In the second part, focus will be given on the internal
market, with special attention to free movement of persons and
competition.
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 aim is to offer
appropriate tools for a critical approach to the study of EU functioning.
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) instruments for the protection
of individual rights and legitimate interests; e) the European Court of
justice, its competence and the functions of the proceeding that can be
instituted; some procedural rules; f) rights of free movement; g)
competition; h) State aids.
At the end of the course, students should be able to: a) understand the
global functioning of EU jurisdiction, especially concerning Institutions; b)
have clear the interactions between EU and national jurisdictions; c) know
the relationships between different jurisdictions; d) be able to distinguish
between the EUCGs attributions and those of others national or
international jurisdictions; e) know the fundamental principles of internal
market, especially regarding free movement and the “global approach”;
f) discuss the case-law of the European Court of Justice; g) solve some
typical institutional and material problems.
First part: 1. The development of European integration; 2. The
institutions; Competence; Instruments and the hierarchy of norms; 5:
Legislation and decision-making; 6.The nature and effect of EU law; 7.
Remedies in national courts; 8. The relationship between EU law and
national law; 9. Enforcement action against Member States; 10.
Preliminary rulings; 11. Review of legality
12. Damages actions; 13. Citizenship of the European Union
Second part: 1. The single market; 2 Freedom of establishment and to
provide services; 3. Competition law: Article 101; Article 102: mergers; 4.
The state and the common market; 5. Undertakings entrusted with the
operation of services of general economic interest.
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 10th March 2023 for the second
semester (Como). For delayed requests other solutions will be settled
with the interested student(s).
4ECTR Topics:
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 10th April 2023 for the second
semester (Como). 9 ECTR can be recognised.
The course consists in 55 hours lessons. Joining E-learning platform is strongly recommended. Students can find there the slides and other important documents for the study, such as new acts and case law. Moreover, all
updates about the course are published there.
Intermediate evaluation tests could be provided.