EU institutions, legal sources and their relations with national law. Specific reference to the participation of Italian institutions in both the EU law-making and the implementation of EU law. Focus on the EU measures against Pandemia Covid-19 and on Migration and asylum.
Gli studenti frequentanti possono prepararsi sugli appunti delle lezioni ed il materiale ivi distribuito. Per i non frequentanti: A. Adinolfi, G. Gaja, Introduzione al diritto dell'Unione europea, Bari, 2020, eccetto i paragrafi da 4 a 7 del capitolo III ed il capitolo VIII; A. Adinolfi, La libera circolazione delle persone, in G. Strozzi (a cura di), Il Diritto dell'Unione europea parte speciale, Torino, 2017
Learning Objectives
Attainment of the basic notions concerning the institutional structure and functioning of the EU, the EU legislation and the relationship with national legislation, the judicial institution and their most important functions. Knowledge of certain aspects of the functioning of the internal market (especially free movement of gooods and of persons), and some EU policies (as migration and/or competition policy).
Prerequisites
A basic knowledge of public law is necessary in order to better understand any specific law subject.
Teaching Methods
Lectures with support of electronic means and of e-learning through Moodle, direct examination in class of case-law and legislation using the collected materials available in the book Materiali di diritto dell'Unione europea.
Further information
Students willing to attend the course are invited to enroll in the list available on-line throught Moodle during the first week of the course.
Type of Assessment
Written questions with open-ended-answers for all students, both atten and non
The examination - generally based on 3 questions - will aim not just at verifying the basic notions acquired but also at assessing the student's capacity to understand the relationship between European legal sources and national legislation, and the mechanism for judicial control.
Course program
Foundation and development of the European Union. The enlargment. The legal nature of the Union. The values of the Union, with special reference to the principle of democracy. The citizenship of the Union and EU citizen’s rights.
The EU institutions (composition and functions) and the main bodies of the Union. The legislative procedures. The principle of institutional balance and the loyal cooperation.
The legislative competences of the Union. Art. 352. The principles of subsidiarity and proportionality. The enhanced cooperation.
The sources of Union law. The Treaties of the Union. The Charter of fundamental rights. The general principles of law. The effects of the international agreements concluded by the Union. The role of customary international law. Secondary legislation. The sui generis acts. The liability of Member States for failure to comply with EU law.
The judicial system: organization and functions of the judicial institutions. The judicial control: infringement proceedings, action for annulment, action for failure to act, preliminary reference. The non-contractual liability of the Union. The appeal against the decisions of the General Court.
The relationship between EU law and national law: the approach of the Court of Justice and of the Italian Constitutional Court. The implementation of EU legislation in the Italian legal system. The role of Italian Regions as to the implementation of EU legislation.
The competence of the Union to conclude agreements. The procedure to conclude the agreements of the Union.
Overview on the internal market and on the most important policies of the Union.
Focus on EU measures adopted against COVID-19 and migration and asylum.
A full list of the program developed in the course is made available on the web each year immediately after the end of the lessons (e-learning platform Moodle).