Course teached as: - DIRITTO DELL'UNIONE EUROPEA 5-years Single Cycle Degree in LAW
Teaching Language - Last names A-G
Italian
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 EU judicial control – Relationship between EU law and national law – EU external relations – Glance on the internal market and on most important EU policies.
Students of the A-G group and of the double Italian-French degree regularly attending the course may prepare the exam on the handbook G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Laterza, 2020, supplemented by their personal class notes.
Students have also to study the case-law and documents indicated during the lessons and published in the collection Materiali di diritto dell'Unione europea (Giappichelli, 2021).
Students of the A-G group not attending the course:
1. G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Laterza, 2020.
2. Adinolfi (editor), Materiali di diritto dell'Unione europea, Giappichelli, 2021.
3. Chapters I, II and VI of the book:
G. Strozzi (editor), Diritto dell'Unione europea-parte speciale, Giappichelli, 2021.
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, and some EU policies. Acquisition of the competence to understand the relationship between national legislation and EU law, and to use both the principal means aimed at construing EU law and the corresponding technical legal terminology.
Prerequisites - Last names A-G
The exam requires the basic knowledge acquired by passing the examinations "Diritto Costituzionale I.
Teaching Methods - Last names A-G
Lectures with support of electronic means and of e-learning platform (Moodle); direct examination in class of case-law and legislation also using the collected materials available in the book Materiali di diritto dell'Unione europea .
Further information - Last names A-G
Students willing to attend the course are invited to enroll in the list available on-line throught Moodle within the first week of the course (enrolment key: UE).
Participation in the final written examination and the preparation of the exam on the special programme are reserved to the students having regularly attended the class.
Type of Assessment - Last names A-G
Written examination.
Students who have attended the course assiduously, may pass an optional test at the end of the course.
The written examination - based on open 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.
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 single 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).