Origins and evolution of the EU – Institutions – Competences – Treaties – Charter of Fundamental Rights – General Principles – International agreements – Acts of the EU institutions – Court of Justice of the European Union – Judicial control over EU acts and national acts falling within the scope of EU law – Relationship between EU law and national law – External relations and the CFSP – Internal market, EU citizenship, immigration policy (main aspects)
Course Content - Part D
Introduction - General features of the EU legal system: the Lisbon Treaty - Institutional framework - EU competence and their exercise - System of legal sources - The judicial control - Cooperation between the Court of Justice and national courts - The relationship between EU law and national legal systems - Implementation of EU obligations in Italy – Overview of the EU common foreign, security and defense policy- European Citizenship - Free movement of persons- EU Migration and Asylum policy.
Adinolfi, Morviducci, Elementi di diritto dell'Unione europea, Giappichelli, 2020.
A. Adinolfi (a cura di), Materiali di diritto dell’Unione europea, Torino, Giappichelli, 2020.
Learning Objectives - Part A
Basic knowledge of the main aspects of the institutional architecture, competences and functioning of the European Union, as well as of the main features of some EU policies (such as the CFSP and the immigration policy).
Learning Objectives - Part D
The course aims to enable students to understand the institutional structure of the European Union, its normative sources, the peculiarities of its legal organization. Moreover, during the course it will be explained how European Union law coordinates and integrates with the legal systems of the Member States, and in particular with the Italian one.
Subsequently, aspects of European Union law will be examined, which are of particular relevance for the professional preparation of Marshals students, such as the European citizenship and migration and asylum policies. The study of the European standards will allow students to have an overall picture of both national and EU legislative framework.
Prerequisites - Part A
None
Prerequisites - Part D
The course implies the passing of the first-year exams.
Hence, basic knowledge of public law, constitutional law and private law are taken for granted.
Teaching Methods - Part A
Traditional whole class teaching. Relevant case law and acts will be discussed with the support of both on-line documents and the booklet "Materiali di diritto dell'Unione europea"
Teaching Methods - Part D
The course will be mainly carried out through lectures, but extensive references will be made to the case-law, by examining the most relevant decisions available in the collection Materiali di diritto dell’UE and uploaded on the course website.
Further information - Part D
Type of Assessment - Part A
At the end of the course, a written evaluation test will be held, concerning the entire program, consisting in the answer to open and / or closed questions, carried out on the online platform. This test may possibly be followed by an oral exam, according to the methods that will be indicated in class by the teachers
Type of Assessment - Part D
At the end of the course, a written evaluation test will be held, concerning the entire program, consisting in the answer to open and / or closed questions, carried out on the online platform. This test may possibly be followed by an oral exam, according to the methods that will be indicated in class by the teachers.
Course program - Part A
Origins and evolution of the EU – Institutions – Competences – Treaties – Charter of Fundamental Rights – General Principles – International agreements – Acts of the EU institutions – Court of Justice of the European Union – Judicial control over EU acts and national acts falling within the scope of EU law – Relationship between EU law and national law – External relations and the CFSP – EU citizenship, immigration policy (selected topics)
Course program - Part D
Extended program
Part one (30 hours):
1. Introduction to European Union law
2 General features of the European Union legal system; the Lisbon Treaty
3. Institutional framework. Composition and functions of:
the European Parliament; the European Council; the Council; the Commission; the Court of Justice of the European Union; consultative bodies and the European Ombudsman.
4 European Union competences.
Principle of conferral; kind of competence; Article 352 TFEU.
5. The exercise of the EU competences: the principles of proportionality and subsidiarity.
6. The sources of Union Law:
a) EU Treaties: characteristics; direct vertical/horizontal effects
b) General principles: characteristics. Particularly, fundamental rights and art. 6 TEU.
c) The EU Charter of Fundamental Rights;
d) secondary sources of the European Union.
d.1 international agreements.
d.2 the typical acts of the European Union: EU regulations, directives and decisions.
Characters and effectiveness of these acts.
7. Judicial control in the European Union.
a) infringement proceedings
b) action for annulment
c) action for failure to act; HYPERLINK "https://context.reverso.net/traduzione/inglese-italiano/Action+for+failure+to+act" action for non-contractual liability of the European Union
t
8. Cooperation between Court of Justice and national judges. preliminary references to the Court of justice
a) for interpretation
b) for validity
9. The relationship between EU law and national law.
a) The jurisprudence of the Court of Justice. Primacy, direct effect and non-application.
b) the case-law of the Italian Constitutional Court. Article. 11 of the Constitution. The evolution of the Italian jurisprudence and its approach to the positions of the Court of Justice. The theory of “counterlimits”.
10. The implementation of EU obligations in Italy:
Law 234/2012;
a) European delegation law and European law.
b) The implementation of EU law in matters of regional competence.
11. Overview on the Union's Common Foreign, Security and Defense Policy .
Second Part:
1. European Citizenship. Criteria for conferral. Consequent rights. Limitations to entry and stay (with special attention to public order and public security).
2. Migration policy
3. Asylum policy