LAW AND SOCIAL LEGISLATION EUROPEAN UNION
Learning outcomes of the course unit
This course wishes to offer the conceptual bases to understand, analyse and interpret the European Union legal order with a specific focus on EU citizenship as a pull factor of social rights. Specific attention will be devoted to so-called soft law acts in order to grasp the institutions’ position in respect of the promotion of social rights. Considering this, it will be possible to analyse a) cross-border mobility and social rights (so-called welfare tourism) and b) the weakening of social rights as a consequence of the economic crisis.
Course contents summary
Origin and evolution of the EU integration process. Values and objectives of the EU. Enlargement and withdrawal. Focus 1: social rights’ external sources: the European Social Charter and the International Covenant on Economic, Social and Cultural Rights. Competences: the principles of conferral, subsidiarity and proportionality. Focus 2: competences in the domain of social rights. The institutional framework: 1. The European Parliament; 2. The European Commission; 3) The Council and the European Council. The normative framework. The Treaties. The Charter of Fundamental Rights. Secondary law. Focus 3: Charter’s Title V and the principle of solidarity. The ordinary legislative procedure. The preliminary ruling. European citizenship and free movement of persons. Focus 4: social rights and cross-border mobility (so-called welfare tourism). The European Pillar of Social Rights. Focus 5: economic crisis and weakening of social rights.
G. Strozzi, R. Mastroianni, Diritto dell’Unione europea. Parte istituzionale, last edition, Giappichelli.
Chapter 1 (par. 1-9, 9.4, 9.5); Chapter 2 (par. 1-4.5, 4.7, 5, 6-8.7, 11); Chapter 3 (par. 1-3); Chapter 4 (par. 1-3, 5-6, 10-16), Chapter 5 (par. 9-14).
Additional materials (legal acts and judgments) will be uploaded to the Elly platform
Taught classes are devoted to illustrating the fundamental notions of the EU legal order as stemming from the founding Treaties, from secondary law and from the case law of the Court of Justice. The interaction between the lecturer and the students is promoted though discussions and the joint analyses of practical cases, in order to favour a constructive dialogue informed to the respect of the appropriate technical terminology.
Assessment methods and criteria
Written and oral exam. The written test, lasting 40 minutes, is composed by 15 multiple-choice questions (4 possible options, 1 point per each correct answer, 0 point per every missed answer, 0 point per each wrong answer) and aims at verifying the understanding of EU law notions. The oral test, composed of a single question, has the goal to verify whether the student is able to illustrate the specific aspects of EU law and social rights. The final mark is the sum of both tests. Both tests will take place during the same exam session.