|SCIENTIFIC DISCIPLINARY SECTOR||IUS/14|
The course of European Union law focuses on the study of the legal discipline that governs the process of European integration and its impact on the legal systems of the Member States as well as on the governance of the phenomena that these States are increasingly called upon to deal with within the legal framework of the Union. Teaching is essential for operating within companies, public administration or international organizations.
The course aims to offer students the essential tools for research and analysis of European Union law by deepening, in particular, the institutional structure of the European Union, the sources of European law, the relationship between the European Union and law as well as the European judicial protection system and the main European policies and fundamental freedoms.
The teaching of European Union law aims, in its first part, to provide students with basic notions on the institutional aspects and sources of the European Union legal system, with specific reference to the following topics:
The origins and evolution of the European integration process;
The institutional structure of the European Union and the relationship between the European Union and the Member States;
The system of competences and policies of the European Union;
The European Union as a subject of international law and its external action;
The regulatory system of the European Union: primary sources, secondary legislation, atypical sources;
The relationships between European Union law and national law of the Member States.
In the second part, the teaching aims to provide students with an understanding of the mechanisms of judicial protection provided for by the Treaties of the Union, in order to guarantee the legality of the EU legal system and the protection of the subjective legal positions deriving from its rules, with particular regard to:
The composition and functioning of the judicial bodies of the European Union;
The means of appeal: the appeal for annulment, the appeal in deficiency and for infringement;
The reference for a preliminary ruling of interpretation and validity.
Finally, the third and last part of the course aims to provide a general understanding of the main material rules governing the internal market (so-called "fundamental freedoms") and some other policies within the competence of the European Union, namely:
The free movement of goods;
Free movement of persons: free movement of workers, European citizenship, the area of freedom, security and justice, freedom of establishment;
The free circulation of services;
Notes on the competition rules applicable to companies and States.
At the end of the course, the student will be able to:
Reconstruct the fundamental stages of the process of creating the European Union in its current evolutionary structure, identifying its essential characteristics that distinguish it from other international organizations;
Understand and illustrate the composition and functioning of the institutional and regulatory system as well as the judicial protection system on which the European Union legal system is based, including the effects likely to derive from it in national legal systems;
Know and report in their contents, inspiring principles and objectives the fundamental freedoms at the basis of the European integration process and the main material policies of the Union's competence;
Analyzing specific legal issues and identifying the rules of European Union law relevant to their solution;
Apply the relevant rules, distinguishing the cases and creating links with the categories studied, for the solution of concrete and specific legal problems;
Carry out research on the sources of European Union law and the jurisprudence of the Court of Justice of the European Union;
Appreciate and critically evaluate independently the legal and political-social implications of the choices made at all levels of governance of the European Union;
Analyze topical issues relating to the European integration process, and independently appreciate the implications of any reform processes underway;
Express yourself with appropriate technical language, both in oral and written form, on matters relating to European Union law.
A fruitful study of the topics covered in the teaching of European Union law requires knowledge of the basic notions of constitutional law and private law.
The course consists of 54 hours of frontal lessons (for a total of 9 credits) held by the teacher. Where necessary, the lessons will be held with the aid of teaching material, available on the course pages at www.aulaweb.unige.it. For a better organization of the teaching activity, students are asked to register on the teaching site as soon as possible. Students are invited to interact with the teacher and to encourage participation, the contents of the lessons and the relevant manual pages will be indicated on aulaweb.
Toaccess the class by remote on Teams please use the code 3hlsqmp
First part. The institutional structure and the regulatory system. a) The 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 the Member States (in particular: division of competences, principles of subsidiarity and proportionality); 3. European Union institutions and their mutual relations; 4. system of powers and policies of the European Union, in particular: economic and monetary policy and common foreign and security policy; 5. European Union as a subject of international law and its external action. b) The normative system: 1. primary sources (in particular: the founding Treaties and their evolution; the general principles of law); 2. secondary law (binding and non-binding acts, delegated and implementing acts); 3. atypical sources; 4. relations with the internal legal system of the Member States (direct and indirect effects, primacy).
Second part. The system of judicial protection. a) Court of Justice and Court; b) the means of appeal: appeal for annulment (in particular: the protection of natural and legal persons), in deficiency and for infringement (pre-litigation and litigation phase, effects of the sentence and financial penalties); c) reference for a preliminary ruling of interpretation and validity.
Part Three. European Union policies, citizenship, fundamental freedoms. a) Action and policies of the European Union: internal market and transport policy; b) free movement of persons: European citizenship, free movement of workers, freedom of establishment; c) free circulation of "products" (goods and services); d) notes on the competition rules applicable to companies and States; d) external action.
ADAM – TIZZANO, Manuale di diritto dell’Unione europea, Torino, 2020, pp. 63-114, 141-229, 921-940, 949-969, 234-260, 271-358, 369-384, 387-481, 495-539, 545-558, 601-668, 829–856, 869-872, 888-903.
Non attending students
ADAM – TIZZANO, Manuale di diritto dell’Unione europea, Torino, 2020, pp. 1-481, 495-569, 601-685, 829-903, 921-969.
Office hours: With mandatory prior email appointment (firstname.lastname@example.org) preferably via Teams To access the Teams session use this link https://teams.microsoft.com/l/team/19%3a5d32a64519484308b92b34c102099f3…;
PIERANGELO CELLE (President)
LAURA CARPANETO (Substitute)
SIMONE CARREA (Substitute)
CHIARA CELLERINO (Substitute)
MATTIA COSTA (Substitute)
MARIA ELENA DE MAESTRI (Substitute)
MARTA GIANNONI (Substitute)
PAOLA IVALDI (Substitute)
FRANCESCO PESCE (Substitute)
ILARIA QUEIROLO (Substitute)
LORENZO SCHIANO DI PEPE (Substitute)
CHIARA ENRICA TUO (Substitute)
All class schedules are posted on the EasyAcademy portal.
The exam is in written form and consists of twenty multiple choice questions and one open question chosen from two options. Attending students will be offered the opportunity to take the exam in written form at the end of the cycle of lessons. The written exam reserved for attending students has the same modalities as the ordinary written exam, but the subjects covered focus more on the topics covered in class.
The questions posed to the student during the written exam will be aimed at ascertaining the effective knowledge of the concepts and institutions of European Union law as well as at verifying the ability of critical analysis and practical application of these concepts and institutions for the purpose of the solution. of concrete legal issues. Some examples of questions will be made available on aulaweb at the end of the course.
For more information, students are advised to register on the Aulaweb page of the course, through which all notices relating to the course of the lessons will also be provided.