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, 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 proper 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 and legitimate interests; e) the 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; i) external policies.
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 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.