The European Integration Process: Historical Overview and Perspectives. Competences of the EU, Institutions and Law-making. The EU Legal Order: Sources, Primacy of EU Law, Direct and Indirect effect of EU Law Provisions. Judicial Protection in the EU. EU Citizenship. The External Relations of the EU. Specific seminars on topical issues.
Studenti frequentanti:
- G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Bari, 2014.
- Sentenze e materiali forniti durante il corso.
Studenti non frequentanti:
A scelta tra:
1. G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Roma-Bari, Laterza, ultima edizione; A. Adinolfi, Materiali di diritto dell’Unione Europea, Torino, Giappichelli, 2014; G. Strozzi (a cura di), Diritto dell'Unione europea - parte speciale, 2015, Capitoli I, II, VI.
2. G. Strozzi, R. Mastroianni, Diritto dell’Unione europea. Parte istituzionale, Torino, 2013;
G. Strozzi (a cura di), Diritto dell'Unione europea. Parte speciale, 2015, Capitoli I, II, VI.
Learning Objectives
The course aims to reach a full knowledge of the European Union law in order. Particular attention will be paid to the EU legal order and its impact in the national legal systems.
Prerequisites
"Constitutional law I" and "Civil law I" shall be already taken.
Teaching Methods
Lectures, seminars, conferences, Reading of the CJEU case law.
Power point presentations and other materials handed out during the lessons, will be available through the Moodle Platform.
Further information
In order to attend the course, students shall subscribe to the MOODLE Platform by the first week of lessons. Those having a surname starting with letters A to G, may subscribe after their application to change course is accepted.
Type of Assessment
Optional Written test reserved to students who have been attending regularly the lessons. Written test and Oral exam.
Course program
Foundation and development of the European Union. The enlargement. 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 mainstreamings. 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).