EUROPEAN UNION LAW
Learning outcomes of the course unit
The course aims to form the capacity to understand the legal system of the Europen Union, using the case law of the Court of Justice and considering specific real cases. The in –depth study, to be achieved through the necessary theoretical study, has the purpose to acquire the exegetical and systematic criteria to allow, also in the inevitably dynamic perspective of the legal phenomenon, the proper reading of European legislation. No less relevant is the aim to stimulate, in relation to real cases, the ability to identify the nodal points of each topic to be sustained by arguments and to be developed into a potential dialogue between pairs.Lectures are therefore complemented by the study of the Treaty on the European Union, the Treaty on the functioning of the European Union, the Charter of fundamental rights as well as the case law of the Court of Justice and relevant legislative acts.
In order to take the examination in European Union Law, students must
have passed the examinations of Institutions of Private Law, Institutions
of Roman Law, Constitutional Law and International Law.
Course contents summary
Origin and evolution of the European integration process. Values and objectives of the EU. Focus 1: the rule of law. Enlargement and withdrawal. Focus 2: Brexit. Competences: the principles of conferral, subsidiarity and proportionality. The institutional framework: 1. The European Parliament; 2. The Commission; 3. The Council and the European Council; 4. The Court of Justice. Focus 3: the Ombudsman and the principle of good administration. The normative framework. The Treaties. The Charter of Fundamental Rights. International agreements. The ordinary legislative procedure. Focus 4: the European Citizens' Initiative. The preliminary ruling. The annulment procedure. The action for failure to act. The plea of illegality. EU law and Italian law. EU citizenship and free movement of persons. Focus 5: social rights.
G. Strozzi, M. Mastroianni, Diritto dell'Unione europea. Parte istituzionale, 8th edition, Giappichelli, 2019, whole;
G. Strozzi (ed.), Diritto dell'Unione europea. Parte speciale, 5th edition, Giappichelli, 2017, only chapter 2 (la libertà di circolazione delle persone e la politica dell’immigrazione)
The frontal lessons are devoted to illustrating the fundamentals of European Union law resulting from the treaty and binding and soft law instruments. The implementation of normative data is done with reference to the most relevant case-law and critic analysis of some of the application cases that are derived from the practice and jurisprudence of the members States. Focuses are devoted to examine the most recent and contentious issues of the development of the EUropean Union, seeking to foster the interaction between the Professor and the students.
Assessment methods and criteria
The oral examination consists of two different moments. At first the candidate will be examined with two questions on the fundamentals of the subject (legal nature, EU fundamentals and objectives, institutions, competences, citizenship, sources of production, judicial protection, internal ordering) to verify its basic preparation.Then a question will be asked on a more specific theme to determine the final mark.