LEARNING OUTCOMES

The course aims at offering students the essential tools to research and analyze EU law by studying, in particular, the institutional framework of the Union, European sources of law, the relationships between the Union and Member States, as well as the European system of judicial protection and the main European policies and fundamental freedoms.

AIMS AND LEARNING OUTCOMES

The course of European Union law I aims, in its first part, to provide students with basic notions on institutional aspects and on the sources of the European Union system, with specific reference to the following topics:

- origins and evolution of the European integration process;

- the institutional structure of the European Union and the relationship between the European Union and 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 European Union regulatory system: primary sources, secondary law, atypical sources;

- the relationship between European Union law and the national law of the Member States.

In the second part, the course aims to provide students with an understanding of 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 subjective legal positions resulting from its rules, with particular regard to:

- the composition and functioning of the jurisdictional bodies of the European Union;

- the means of appeal: the appeal for annulment, the appeal in deficiency and for infringement;

-reference for a preliminary ruling on interpretation and on validity. 

The third and final 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:

- free movement of goods;

- free movement of persons: free movement of workers, European citizenship, the area of ​​freedom, security and justice, the freedom of establishment;

- free movement of services;

- Notes on competition law applicable to companies and states.

At the end of the course, students are expected to:

- Reconstruct the fundamental stages of the process of creation of the European Union in its current evolutionary structure, identifying the essential characteristics that distinguish it from other international organizations;

- Understand and illustratet he composition and functioning of the institutional and regulatory system as well as the jurisdictional protection system on which the European Union is based, including the effects that are likely to derive from national laws;

- Know and report in their contents, the underlying principles of the European integration process and the main material policies within the competence of the Union;

- Analyze specific legal issues and identifyt he relevant European Union law provisions for their solution;

- Apply relevant rules, distinguishing the cases and creatinglinks 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, autonomously, the juridical and political-social implications of the choices made at all levels of governance of the European Union system;

- Analyze current issues relating to the process of European integration, and appreciate the implications of any ongoing reform processes independently;

- Express themselves with appropriate technical language, both orally and in writing, on matters concerning the European Union law.

PREREQUISITES

Students approaching this Course are required to have passed the exams prescribed by the law degree regulations ("regolamento del corso di laurea").

TEACHING METHODS

The course consists of 54 hours of lectures given by the lecturer also through exercises in class consisting in the examination of the contribution of the Court of Justice to the development of European Union law, providing for the prepared and active participation of students in the presentation and oral discussion examination of cases already decided by the Court. Therefore, the lessons will be carried out with the help of teaching material, also available on the University portal www.aulaweb.unige.it.For a better organization of teaching activities, students are requested to register on the course website as soon as possible. In order to facilitate the aforementioned oral discussion of the cases, the calendar of all the lectures will be communicated in advance and the reference documents available on the University portal will also be indicated. The course also includes the holding of a seminar on the research of sources of European Union law, in order to provide students with the tools necessary to learn the ability to carry out autonomous research on the sources in this subject.

The above is subject to force majeure.

SYLLABUS/CONTENT

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 Member States (in particular: division of competences, principles of subsidiarity and proportionality); 3. institutions of the European Union and their mutual relations; 4. system of competences and policies of the European Union, in particular: economic and monetary policy and the common foreign and security policy. 5. the 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 legislation (binding and non-binding acts, delegated and implementing acts); 3. atypical sources; 4. relations with the internal law of the Member States (direct and indirect effects, primacy).

Second part. The jurisdictional protection system. a) The Court of Justice and the Tribunal; 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; area of ​​freedom, security and justice; b) Free movement of persons: European citizenship, free movement of workers, freedom of establishment; c) Free movement of "products" (goods and services); d) Notes on competition law applicable to companies and states.

RECOMMENDED READING/BIBLIOGRAPHY

Textbooks suggested to students attending the course

ADAM – TIZZANO, Manuale di diritto dell’Unione europea, Torino, 2020 (or a more recent edition with the consequence adjusment in terms of page numbers), pp. 63-114, 141-229, 921-941, 952-969, 251-325, 335-358, 376-384, 393-481, 495-534, 545-599, 637-669, 687-727, 829-895. 

For normative materials: NASCIMBENE, Unione europea. Trattati, Giappichelli, Torino, most recent edition or the serch engine www.eur-lex.europa.eu.

Textbooks suggested to students not attending the course

ADAM – TIZZANO, Manuale di diritto dell’Unione europea, Torino, 2020 (or a more recent edition with the consequence adjusment in terms of page numbers), pp. 1-481, 495-599, 637-672, 687-727, 829-912, 915-948, 949-969.  

For normative materials: NASCIMBENE, Unione europea. Trattati, Giappichelli, Torino, most recent edition or the serch engine www.eur-lex.europa.eu.