Course teached as: B026412 - DIRITTO DELL'UNIONE EUROPEA (IN LINGUA INGLESE) 5-years Single Cycle Degree in LAW
Teaching Language
English
Course Content
Origin and development of the European Union– Institutions of the EU– Internal competences of the EU- Enhanced cooperation– Law making process- Sources of EU Law– Court of Justice of the EU – The judicial control– The Supremacy of EU Law - Relationship between EU law and national law (with special reference to the Italian legal system) – EU external relations – Overview on the internal market and on most important EU policies (some seminars will be given by external guests).
Students regularly attending the lessons will prepare the exam on the materials that will be uploaded on Moodle (which include slides of the lesson).
Students not attending lessons shall prepare the following Chapters from P. Craig, G. De Búrca, EU Law. Text, Cases and Materials (6th ed.), OUP, 2016: 1 to 5, 7, 8 (sections 3 to 6 excluded), 9 (only sections 1 and 2), 10 to 13 (section 13.9 excluded), 14 (section 14.8 excluded), 15- 16, 20-21, 23.
Learning Objectives
The course aims to provide students with a complete knowledge of the European Union's legal order and the ability to recognize and interpret the different legal sources, including their impact on the national legal systems.
Students will be able to independently research the legal sources of the European Union system, recognize their different effectiveness, both in the relationship between the different EU sources and in the relationship with the Italian ones. They will also be able to analyze a judgment by the Court of Justice and to distinguish the role of national and European jurisdictions from that of the political institutions in building the European legal system integrated with national laws.
Moreover, students will acquire a basic knowledge of the functioning of the European Union, also in view of a future career in European institutions, in law firms or notaries specialized in international law issues as well as in private profit and non-profit organizations.
Prerequisites
The attendance of the course requires the basic knowledge acquired by passing the examinations "Diritto Costituzionale I" and "Diritto privato I". No formal requirements have to be complied by Erasmus students, but a basic knowledge of public law (according to the programmes of the respective sending Universities) is strongly recommended in order to attend the course fruitfully.
Teaching Methods
Lectures with support of electronic means and of e-learning platform Moodle; direct examination in class of case-law and legislation. Seminars on selected topics given by external guests.
Further information
Students willing to attend the course are invited to enroll in the list available on-line throught the Moodle platform during the first week of the course. The password to accede the platform is EULAW. Attendance of registered students will be verified by roll call on a regular basis. A maximum of 3 absences without justification is allowed. Further absences shall be notified in advance and duly justified.
Type of Assessment
For all students, attending and non-attending, the exams will be held in writing.
The written test consists in a combination of multiple choice questions (approx. 20) and of open questions (from 3 to 5, one of which includes a choice amongts different topics). The time allowed is 2 hours. The questions will be pre-printed in the sheets that will be handed at the beginning of each exam. The lines dedicated to each question are merely indicative and not exhaustive. Additional sheets will be available.
The descriptive knowledge, more or less extensive but without critical analysis or reference to the case law principles can determine a sufficient evaluation but unlikely above 24/30.
Course program
The European Union is facing unprecedented challenges to its foundational values and basic purposes, nurtured by multiple factors such as the Euro-zone crisis, the refugee crisis, the Brexit process, security concerns, a new wave of nationalism, and serious attempts to the rule of law in some Member States. In this complex and rapidly evolving context, any law student shall be provided with the essential instruments and knowledge to understand the current and potential dynamics of European integration. Accordingly, the course will offer a fresh look at the main aspects of EU institutional law. At the same time, it will offer a close analysis of topics that have dramatically emerged as turning points for the future of the integration process.
The following issues will be covered:
1. The European Union
2. The Process of European Integration
3. The Process of Withdrawing from the European Union
4. EU Competence: Scope and Nature
5. The Institutional Framework
6. The Financing of the EU
7. EU Law Sources, Lawmaking Procedures and Review of EU Legality
8. Values and Fundamental Rights in the EU
9. Differentiated Application of EU Law
10. Relationship between EU Law and National Law
11. Citizenship of the European Union
12. The Economic and Monetary Union and the Governance of the Eurozone (guest lecture)
13. The EU Migration Policy and the Right to Asylum
14. The European Arrest Warrant