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.
Will be evaluated: a) exposition; b) use of correct technical language; c)
(deep) knowledge of the program; d) masterhood of CJEU's and 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 aims to give a deep knowledge of the frame, the functioning
and the main competences of the European Union. In the first part,
attention will be given to the peculiar structure of EU Law, starting from an
historical introduction, 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, and on the esternal policies.
The course aims 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; e) the Court of Justice of the EU, 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; i) external policies.
At the end of the course, students should be able to: a) understand the
global functioning of the EU system, 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 CJEU's 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 Court of Justice of the EU; 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
Second part: 1. The single market; 2 Freedom of establishment and to
provide services; 3. Citizenship of the European Union; 4. Competition
law: Article 101; Article 102: mergers; 5. The state and the common
market; 6. Undertakings entrusted with the operation of services of
general economic interest; 7. External policies
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.