0055011 - EUROPEAN UNION LAW

Italian

Italian

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 such as migration and Euro.

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.

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.

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.

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.

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).

"Constitutional law I" and "Civil law I" shall be already taken.

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

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.

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 .

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.
The attendance of the registered students will be verified by roll call on a random basis. Students enrolled in the course are required to notify the teacher before the beginning of each lesson if they are absent, writing an e-mail with the subject: "justification". A maximum of 5 justifications will be allowed.

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.

Optional Written test reserved to students who have been attending regularly the lessons.
For all students, attending and non-attending, the exams will be held in writing (obligatory) and oral (optional and at the discretion of the teacher).
The written test consists of three open-ended questions, to be answered in an hour and thirty minutes. 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 evaluation is sufficient if at least two out of three answers are fully sufficient and there are no serious mistakes or gaps. The evaluation will be excellent if all three questions will be treated exhaustively with reference also to the relevant jurisprudence. 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.
Admission to the interview is subject to passing the compulsory written test with a minimum grade of 18/30. The interview can be requested by the student and agreed upon by the teacher when the written answers leave a margin of uncertainty about the evaluation to be assigned.
The interview will be held on the same day of the written test, as soon as gradation is over, or in the following days, depending on the number of those present at each exam.
The optional interview shall focus on the principles set out in the judgments of the Court of Justice examined in class. For non-attending students, the interview is based on a judgment contained in the book ‘Materials of European Union law ' or on a subject of the handbook “G. Strozzi (a cura di), Diritto dell'Unione europea. Parte speciale, 2015, Capitoli I, II, VI” .

Oral examination. Written examination (optional) reserved only for students who have attended the course assiduously. 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.

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).

 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).