|SCIENTIFIC DISCIPLINARY SECTOR||IUS/14|
|SECTIONING||This unit is divided into 2 sections:|
The course examines the institutional profiles of EU Law and provides an in-depth study of the impact of EU Law and of the international protection of human rights on the regulation of family relations in the domestic legal system.
Analysis of the competences, institutions and sources of the EU Law. The family in the perspective of European freedom of movement and fundamental rights.
Attendance and active participation will enable the student to:
(i) know the essential features of the European Union's legal system (institutions, competences, sources, relations with domestic law);
(ii) identify the supranational legal sources capable of affecting the regulation of family relationships;
(iii) understand how the "multilevel" regulation of these relationships affects family relations, identifying the relationship between the rules intended to affect the same matter and the correct approach to possible antinomies;
(iv) understand the role of EU Court of Justice's and ECtHR's case-law in this context.
In order to attend the course successfully, it is necessary to have a basic knowledge of public law (it should also be noted that passing the Institutions of Public Law exam is a necessary condition for taking the European Union Law exam).
Lectures (face-to-face) supplemented by the analysis of regulatory and case law material, with the aid of documentation made available on AulaWeb.
Teams class code: eg7u438
Part I: Institutions and legal framework
Institutional structure of the Union:
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 the Member States (in particular: division of competences, principles of subsidiarity and proportionality);
3. the institutions of the European Union and their mutual relations.
The normative framework:
1. primary law (in particular: founding Treaties and their evolution; general principles of law);
2. secondary law (binding and non-binding acts);
3. atypical sources;
4. relations with the domestic law of the Member States (direct effect and primacy).
Part II: European Union law and family matters
Techniques and legal basis for the EU's intervention in family matters:
1. the division of competences between the European Union and the Member States;
2. free movement of persons (EU citizens and third-country nationals) and family relationships (with particular regard to the right to family reunification);
3. protection of fundamental rights and family relations.
I. Queirolo, L. Schiano di Pepe, Lezioni di diritto dell’Unione europea e relazioni familiari, Giappichelli, Torino, 2019, chapters I-III.
I. Queirolo, L. Schiano di Pepe, Lezioni di diritto dell’Unione europea e relazioni familiari, Giappichelli, Torino, 2019, chapters IV-VI.
Office hours: Until the end of the COVID-19 restrictions, office hours take place on Teams platform upon request (via email).
FRANCESCO PESCE (President)
LAURA CARPANETO (Substitute)
CHIARA CELLERINO (Substitute)
MARIA ELENA DE MAESTRI (Substitute)
STEFANO DOMINELLI (Substitute)
FRANCESCA MAOLI (Substitute)
PIETRO SANNA (Substitute)
MATTEO SOMMELLA (Substitute)
Classes will start on 14 February 2022.
All class schedules are posted on the EasyAcademy portal.
The examination is oral and consists, in principle, of two questions on the first part and two questions on the second part of the programme.
Attending students only will be given the opportunity to replace the oral examination with two intermediate multiple-choiche tests, which are carried out during the course of the lessons and in accordance with the health regulations in force.
The purpose of the interview is to ascertain whether the candidate has acquired a basic knowledge of the legal system of the European Union and in-depth knowledge of the free movement of persons and the protection of fundamental rights in the European Union, particularly with regard to family relationships. The command of technical terminology will also be tested.