0055011 - EUROPEAN UNION LAW

Italian

Italian

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).

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, and some EU policies (as migration law and/or competition policy). Acquisition of the competence to understand the relationship between national legislation and EU law, and to use both the principal means aimed at construing EU law and the corresponding technical legal terminology.

Origin and development of the European Union – EU Institutions – The EU competence – The Treaties of the Union – The Charter of fundamental rights – General principles of law – Agreements – EU Legislation – The Court of Justice of the European Union and the judicial control – Relationship between EU law and national law – EU external relations – Glance on the internal market and on most important EU policies.

Origin and development of the European Union – EU Institutions – The EU competence – The Treaties of the Union – The Charter of fundamental rights – General principles of law – Agreements – EU Legislation – The Court of Justice of the European Union and EU judicial control – Relationship between EU law and national law – EU external relations – Glance on the internal market and on most important EU policies.

The attendance of the course requires the basic knowledge acquired by passing the examinations "Diritto Costituzionale I" and "Diritto privato I".

The exam requires the basic knowledge acquired by passing the examinations "Diritto Costituzionale I.

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 .

Lectures with support of electronic means and of e-learning platform (Moodle); direct examination in class of case-law and legislation also using the collected materials available in the book Materiali di diritto dell'Unione europea .

Written examination for all students. 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.

Oral examination.
A written examination (optional) is reserved for students who have attended the course assiduously.
The oral 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.

 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 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.

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).

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 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.
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).

Students regularly attending the course:

1. G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Laterza 2014 (or the new edition, planned by end 2019).

2. Adinolfi (editor), Materiali di diritto dell'Unione europea, Giappichelli, 2013.
3. personal class notes.

Students not attending the course:

1. G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Laterza 2014.

2. Adinolfi (editor), Materiali di diritto dell'Unione europea, Giappichelli, 2013.

3. chapters I, II and VI of the book:
G. Strozzi (editor), Diritto dell'Unione europea-parte speciale, Giappichelli, 2017.

Students of the A-G group and of the double Italian-French degree regularly attending the course may prepare the exam on their personal class notes, supplemented by the parts of the handbook that will be indicated during the lessons: G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Laterza, last available edition.
Students have also to study the case-law and documents indicated during the lessons and published in the collection Materiali di diritto dell'Unione europea (Giappichelli, last available edition) or loaded in the Moodle platform.

Students of the A-G group not attending the course:
1. G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Laterza, last available edition.
2. Adinolfi (editor), Materiali di diritto dell'Unione europea, Giappichelli, last available edition.
3. Chapters I, II and VI of the book:
G. Strozzi (editor), Diritto dell'Unione europea-parte speciale, Giappichelli, 2017 (the book is available in a shorter edition ISBN 9788892110045).

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. The students enrolled in the Laurea magistrale in Giurisprudenza and pertaining to the group H-Z may enroll through Moodle as soon as the commission authorizes the course's change.

Participation in the mid-term written examination and the special programme for the students having attended the course are reserved to the students that have regularly attended the class.

Students willing to attend the course are invited to enroll in the list available on-line throught Moodle within the first week of the course (enrolment key: UE).
Participation in the final written examination and the preparation of the exam on the special programme are reserved to the students having regularly attended the class.
Controls will be carried out regarding the presence; absences (allowed in the maximum number of 6 lessons) must be justified in advance by sending an e-mail to the professor before the beginning of the lesson.