European Union Law I
This Course analyses the origins and characteristics of the EU legal system, the institutions of the European Union, the sources of EU law (including the EU Charter of Fundamental Rights), the relationship between EU law and Member States law, the EU jurisdiction, the Common Secutiry and Foreign Policy, the European Monetary Union, the substantial law concerning the single market, including movement of persons and citizenship of the Union.
The European Integration process is constantly going ahead through the years, with different speeds and features, according also to the historical period. Studying EU law could be also useful in understanding the legal dynamics of the European integration process and their impact on the Member States’ legal frameworks and on the governance of the regional and global phenomena that they have to face within the legal system of the European Union.
EU law course is intended to provide students with an adequate knowledge and understanding of the main rules of the European Union. From this perspective, the course analyzes, first and foremost, the institutional set-up of the European Union, the rules and principles governing the functioning and reciprocal relations between institutions, the regulatory sources of the system and their effects in the legal frameworks of the Member States and also the characteristics of the European Union as a subject of international relations. Special attention will also be given to the mechanisms of judicial protection provided by the Treaties in order to ensure the legality of the European Union legal system and the protection of the subjective legal positions resulting from its rules. The third and final part of the course will be devoted to the examination of the material rules governing the internal market and some other policies of the European Union.
Lectures; case studies; presentation of materials and cases by students.
The list of cases shall be communicated on aulaweb prior to the beginning of the courses and cases shall also be uploaded on aulaweb, together with relevant assignments for each lecture.
Students are invited to actively follow the lectures and prepare the cases. To this end, they are also invited to enroll on aulaweb, in order to receive all necessary information
I. The institutional structure. 1. Origin and evolution of the European Union 2. Relations between the European Union and the Member States 3. The institutions of the European Union and their mutual relations; 4. The European Union as a subject of international law and its external relations.
II. The regulatory system. 1. Primary sources of law; 2. Secondary sources of law 3. Atypical sources of law 4. Relations with the internal organization of the Member States. II. European Court of Justice and the Tribunal; 2. Appeals: action for annulment (in particular: protection of natural and legal persons), action for failure and for infringement (pre-litigation and litigation, effects of the judgment and financial penalties) 3. Reference for a preliminary ruling and validity
III 1. Fundamental and political freedoms of the European Union 2. Free movement of persons: European citizenship, right of entry and residence, freedom of movement for workers, freedom of establishment 3. Free circulation of "products" (goods and services). 4. Competition rules applicable to undertakings. 5. Competition rules applicable to states: services of general economic interest and State aids
ADAM – TIZZANO, Manuale di diritto dell’Unione europea, Torino, 2014 (or a more recent edition) pp. 55-102, 129-232, 263-330, 341-359, 378-385, 395-474, 485-514, 531– 580, 613-640, 657-692, 783 – 845 e 873-892.
To study Treaties and Laws: NASCIMBENE, Unione europea. Trattati, Giappichelli, Torino, latest edition
Ricevimento: Monday 11.00 AM - 1.00 P.M. in Via Balbi, 22, by appointment (c/o former Sezione di Diritto internazionale e della navigazione).
PIERANGELO CELLE (President)
FRANCESCO MUNARI (President)
LORENZO SCHIANO DI PEPE (President)
LUCA CALZOLARI
LAURA CARPANETO
SIMONE CARREA
CHIARA CELLERINO
CHIARA GAMBINO
BARBARA GATTORNA
ISABELLA QUERCI
GIOVANNI SCIACCALUGA
CHIARA ENRICA TUO
I semester from September, 25th to December, 7th 2017 (12 weeks)
EUROPEAN UNION LAW A
