B026159 - EUROPEAN UNION LAW

English

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 – Some seminars on currently debated topics will be given by invited speakers.

Students regularly attending the lessons will prepare the exam on the materials that will be uploaded on Moodle.
The reference text for students not attending lessons is P. Craig, G. De Búrca, EU Law. Text, Cases and Materials (7th ed.), OUP, 2020 (available in the UNIFI Library). The relevant chapters are: 1 to 6 (with the exceptions of 6.9 and 6.10), 8 to 11 (as regards 11, onli 11.1, 11.2 and 11.3), 12 to 17, and 24.Non-attending students are kindly invited to schedule a meeting in which more details on the programme will be provided. It will also be possible to address problems concerning access to the reference text.

The course aims to provide students with a complete knowledge of the European Union's legal order and the ability to recognize and interpret the different legal sources, including their impact on the national legal systems.
Students will be able to independently research the legal sources of the European Union system, recognize their different effectiveness, both in the relationship between the different EU sources and in the relationship with the Italian ones. They will also be able to analyze a judgment by the Court of Justice and to distinguish the role of national and European jurisdictions from that of the political institutions in building the European legal system integrated with national laws.
Moreover, students will acquire a basic knowledge of the functioning of the European Union, also in view of a future career in European institutions, in law firms or notaries specialized in international law issues as well as in private profit and non-profit organizations.

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.

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 invited speakers.

Students willing to attend the course (regardless of the "corso di laurea" in which they are enrolled) are invited to register on the Moodle platform, under the course with the code:B026412 (1170)

link:
https://e-l.unifi.it/course/view.php?id=20781

The exam modalities will be determined in line with the indications provided by the School of Law for the conduct of exams during the COVID emergency. If possible, the exams will be held in written form.
The written test consists of multiple choice questions (about 25 statements, true or false option), and 3 open questions (2 with limited number of lines and one - to be chosen between two proposed tracks - without indication of the maximum number of lines for the reply).
Descriptive knowledge, without critical analysis or references to the relevant case law, may lead to a sufficient evaluation but hardly higher than 24/30.

The European Union is facing unprecedented challenges to its foundational values and basic purposes, nurtured by multiple factors such as the Euro-zone crisis, the refugee crisis, the Brexit process, security concerns, a new wave of nationalism, and serious attempts to the rule of law in some Member States. In this complex and rapidly evolving context, any law student shall be provided with the essential instruments and knowledge to understand the current and potential dynamics of European integration. Accordingly, the course will offer a fresh look at the main aspects of EU institutional law. At the same time, it will offer a close analysis of topics that have dramatically emerged as turning points for the future of the integration process.
The following issues will be covered:

1. The European Union
2. The Process of European Integration
3. The Process of Withdrawing from the European Union
4. EU Competence: Scope and Nature
5. The Institutional Framework
6. The Financing of the EU
7. EU Law Sources, Lawmaking Procedures and Review of EU Legality
8. Values and Fundamental Rights in the EU
9. Differentiated Application of EU Law
10. Relationship between EU Law and National Law
11. Citizenship of the European Union
12. Brexit
12. Rule of law crisis in the Union
13. The EU action against COVID-19