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

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.

PREREQUISITES

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).

TEACHING METHODS

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

SYLLABUS/CONTENT

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.

RECOMMENDED READING/BIBLIOGRAPHY

Part I:

I. Queirolo, L. Schiano di Pepe, Lezioni di diritto dell’Unione europea e relazioni familiari, Giappichelli, Torino, 2019, chapters I-III.

Part II:

I. Queirolo, L. Schiano di Pepe, Lezioni di diritto dell’Unione europea e relazioni familiari, Giappichelli, Torino, 2019, chapters IV-VI.