Course teached as: B031555 - TUTELA DEI DIRITTI NELL'UNIONE EUROPEA: SEMINARIO DI RICERCA 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
The 2023/24 ed. of the course will focus on the role of national judges to ensure the effectiveness of EU law and the protection of individuals' rights. After reviewing the basics of the preliminary ruling procedure, a fundamental mechanism of dialogue between national judges and the Court of Justice, the course will explore the tools available to national judges to solve the contrasts between domestic law and EU law, in light of the most recent jurisprudential and legislative developments.
Some doctrinal contributions and the essential jurisprudential references will be uploaded on the Moodle platform. Further bibliographic references - relating to the specific topics covered - will be collected by the course participants, on the basis of the indications provided by the professors. Each participant will draw from the collective bibliography the useful references for the preparation of a final course paper.
Students who cannot attend the course are invited to contact the professors in order to be assigned an alternative study programme.
Learning Objectives
The course aims to deepen the knowledge of EU law acquired in the basic course and to improve the capacity to apply it in a legal professional setting. The course also aims to provide students with a research and work methodology useful for the purpose of writing the degree thesis. Students will engage in the collection of bibliographic and jurisprudential materials, using the resources of the Social Sciences Library and open consultation databases (Eur-lex and Curia.eu). They will learn how to draft a bibliography and a paper on a legal subject.
Prerequisites
Participation to the course requires a good knowledge of EU law, acquired through the basic course and the relevant exam. Those who passed the EU law exam before the Lisbon Reform shall update their preparation. A basic knowledge of English is also requested.
Teaching Methods
The course consists of a research seminar. Initially, some frontal lessons will be held (also by external teachers) on
aspects of greater relevance concerning the general theme of the seminar; each
participant will then have to carry out a research on a specific aspect of the general theme, collecting a bibliography, carrying out a presentation in class and preparing a written report (about 15 pages).
Further information
Students wishing to attend the course are invited to register through the Moodle platform before the first lesson of the course.
Type of Assessment
The achievement of the course objectives is verified through active participation in the
seminar, the bibliographic research conducted, the discussion in class of the
theme assigned to each participant, and the drafting of a final written paper.
Course program
"The role of national judges towards ensuring the effectiveness of EU law and the protection of individuals' rights"
The course will explore the tools available to national judge to resolve the conflicts between domestic law and EU law, in the light of the most recent jurisprudential and normative developments in the EU and the Italian legal systems. Among others, the following topics will be examined in depth: the effects of preliminary rulings on interpretation, in particular in proceedings other than that in which the referral was made; the technique of the interpretation of national law in conformity with EU law and the limits thereof; the disapplication of national substantive and procedural rules in contrast with EU law; the impact of EU law on national res judicata; the compensatory liability of the Member State for breach of EU law; dual preliminary cases and their management (contextual contrast of an internal law with EU law and with the Constitution); the implications, from the point of view of EU law, of the new mechanism of the preliminary reference in cassation pursuant to 363-bis c.p.c.