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.
Course Content - Last names A-G
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.
1. G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Laterza 2014.
2. Adinolfi (editor), Materiali di diritto dell'Unione europea, Giappichelli, 2013 (the materials examined in class).
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.
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.
Learning Objectives - Last names A-G
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
"Constitutional law I" and "Civil law I" shall be already taken.
Prerequisites - Last names A-G
The attendance of the course requires the basic knowledge acquired by passing the examinations "Diritto Costituzionale I" and "Diritto privato I".
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.
Teaching Methods - Last names A-G
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
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.
Further information - Last names A-G
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.
Type of Assessment
Optional Written test reserved to students who have been attending regularly the lessons. Written test and Oral exam.
Type of Assessment - Last names A-G
Written examination (optional; 3 open-ended questions)reserved to the students who have regularly attended the couse, and oral examination.
The examination 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 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).
Course program - Last names A-G
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).