OVERVIEW

The course examines the institutional aspects of European Union law and provides an in-depth analysis of the impact of EU law and international human rights protection on the regulation of family relations in domestic law.

AIMS AND CONTENT

LEARNING OUTCOMES

Analysis of the competences, institutions and sources of the EU Law. The family in the perspective of European freedom of movement and fundamental rights.

AIMS AND LEARNING OUTCOMES

Regular attendance and active participation will enable students to:
(i) learn about the essential features of the European Union legal system (institutions, competences, sources, relations with domestic law);
(ii) identify the supranational sources of law that can affect the regulation of family relations;
(iii) understand how the “multi-level” regulation affects family relationships, identifying the relationship between the rules governing the same subject matter;
(iv) understand the role played in this context by the case law of the Court of Justice and the European Court of Human Rights

PREREQUISITES

In order to benefit fully from the course, students must have a basic knowledge of public law (please note that, in accordance with the course regulation, passing the Public Law exam is a prerequisite for taking the European Union Law exam).

TEACHING METHODS

Lectures supplemented by analysis of regulatory and case law material, with the aid of documentation made available on AulaWeb.

Students with a valid disability certificate or SLD diagnosis may request compensatory measures during exams (e.g. additional time, concept maps, changes in written/oral mode), following the procedure indicated in the relevant guidelines (p. 5). In any case, for further information, please contact the Department's liaison professor at: Isa.Fanlo@unige.it.

SYLLABUS/CONTENT

Part I: Institutional structure and regulatory system
Institutional structure:
1. Origins and evolution of the European Union: from the Treaty of Paris to the Treaty of Lisbon;
2. Relations between the European Union and Member States (in particular: division of powers, principles of subsidiarity and proportionality);
3. Institutions of the European Union and their mutual relations.
The regulatory system:
1. primary sources (in particular: the founding Treaties and their evolution; general principles of law);
2. secondary legislation (binding and non-binding acts);
3. atypical sources;
4. relations with the internal legal systems of Member States (direct effect and primacy).
Part 2: The European Union and family relations
Techniques and legal bases for action in the field of family law:
1. the division of competences between the European Union and Member States;
2. free movement of persons (EU citizens and third-country nationals) and family relations (with particular regard to the right to family reunification);
3. protection of fundamental rights and family relations.

RECOMMENDED READING/BIBLIOGRAPHY

ATTENDING STUDENTS
The exam for attending students will focus on the content of the lectures, to be supplemented with the teaching materials (regulatory instruments and national and EU case law) made available on the AulaWeb portal.
The reference text is, in any case, 

I. Queirolo, L. Schiano di Pepe, Lezioni di diritto dell’Unione europea e relazioni familiari, Giappichelli, Torino, IV ediz., 2019 (limited to the topics addressed during lectures).

NON ATTENDING STUDENTS

Part I: I. Queirolo, L. Schiano di Pepe, Lezioni di diritto dell’Unione europea e relazioni familiari, Giappichelli, Torino, IV ediz., 2019, chapters I, II e III.
Part II: I. Queirolo, L. Schiano di Pepe, Lezioni di diritto dell’Unione europea e relazioni familiari, Giappichelli, Torino, IV ediz., 2019, chapters IV, V e VI.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Please check the website of the Law Department.

The timetable for this course can be found at the EasyAcademy Portal

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is oral. Attending students will be offered the opportunity to take the exam in written form at the end of the cycle of lectures on parts of the program addressed during lectures The exam shall take place in presence.

ASSESSMENT METHODS

The oral exam consists of at least two questions on topics that are representative of the whole course program. The written exam consists of multiple choice questions on all the topics discussed during lectures. Further information on the written exam will be provided in class. For both the oral and the written exam, the assessment aims at ascertaining the effective knowledge of relevant rules of EU law and to verify the capacity of students to conduct critical analysis as well as to apply rules of EU law to the solution of practical legal questions. Performance evaluation will be based not only on the degree of knowledge of the topics, but also on the quality of exposition, on the use of appropriate technical language and on the capacity to conduct critical analysis and reasoning.

Students who have valid certification of disability or Specific Learning Desorders (DSA) on file with the University may request the use of compensatory measures during the exams (e.g. additional time, concept maps, modifications in the written/oral mode), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it