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
Students of the A-D 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
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
The exam requires the basic knowledge acquired by passing the examination "Diritto Costituzionale I.
Teaching Methods
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
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
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 3 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.
The possibility for the student to take the remote exam is subject to the conditions and procedures set out in the University Guidelines.
Course program
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 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.
The program developed in the course is made available through the Moodle platform indicating the topic of each lesson.
Sustainable Development Goals 2030
Objective 16. The course devotes a significant part to the protection of fundamental rights (Charter of Fundamental Rights, ECHR, general principles) and examines the question of the independence of judges and the right to effective judicial protection. The procedure referred to in art. 7 TEU on respect for the values of the Union by the Member States. Respect for fundamental rights is also taken into account for the purposes of accession to the Union and in the external relations of the Union.