B009865 - EUROPEAN UNION LAW

Italian

Origin and development of the European Union – EU Institutions (structure and function) – 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 the judicial control – Relationship between EU law and national law (with special reference to the Italian legal system) – EU external relations – Glance on the internal market and on most important EU policies.

G. Gaja, A. Adinolfi, Introduzione al diritto dell’Unione europea, Laterza, 2010 (or a most recent edition).
Adinolfi (editor), Materiali di diritto dell'Unione europea, Giappichelli, 2011.
The students that cannot attend the course are also required to study chapters I, II and VI of the book:
G. Strozzi (editor), Diritto dell'Unione europea-parte speciale, Giappichelli 2010 (or a most recent edition).

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 (especially free movement of gooods and of persons), and some EU policies (as migration and/or competition policy).

The attendance of the course requires the basic knowledge acquired by passing the examinations "Diritto Costituzionale I" and "Diritto privato I".

Lectures and direct examination in class of case-law and legislation.

The students willing to attend the course are invited to enroll in the list available at the front-office of the Building D-4 during the week before the start of the course.

Mid-term written examination (optional) and final oral exam.

 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 internal 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:
http://www.unifi.it/off_form/allegati/uploaded_files/2010/200005/0055011/programma%202011.doc