Course teached as: B026412 - DIRITTO DELL'UNIONE EUROPEA (IN LINGUA INGLESE) 5-years Single Cycle Degree in LAW
Teaching Language
English
Course Content
Origin and development of the European Union– Institutions of the EU– Internal competences of the EU- Enhanced cooperation– Law making process- Sources of EU Law– Court of Justice of the EU – The judicial control– The Supremacy of EU Law - Relationship between EU law and national law (with special reference to the Italian legal system) – EU external relations – Overview on the internal market and on most important EU policies (some seminars will be given by external guests).
The textbooks will be indicated at the beginning of the course.
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. Basic knowledge of certain aspects of the functioning of the internal market (especially free movement of gooods and/or of persons), and some EU policies (as migration and/or competition policy.
Prerequisites
The attendance of the course requires the basic knowledge acquired by passing the examinations "Diritto Costituzionale I" and "Diritto privato I". No formal requirements have to be complied by Erasmus students, but a basic knowledge of public law (according to the programmes of the respective sending Universities) is strongly recommended in order to attend the course fruitfully.
Teaching Methods
Lectures with support of electronic means and of e-learning platform Moodle; direct examination in class of case-law and legislation. Seminars on selected topics given by external guests.
Further information
Students willing to attend the course are invited to enroll in the list available on-line throught the Moodle platform during the first week of the course. The password to accede the platform is EU.
Type of Assessment
Written test. Participation in the mid-term or final written examination and the special programme for attending students are reserved for those who have regularly attended the class. The examination will not just aim at assessing the knowledge of the relevant topics, but also at verifying the student's ability to manage the relationship between different legal sources.
Course program
Foundation and development of the European Union. The enlargement. 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 mainstreamings. 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 (e-learning platform Moodle).