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 analyzes, in its first part, the institutional set-up of the European Union, the rules and principles governing the functioning and reciprocal relations between institutions, the regulatory sources of the system and their effects in the legal frameworks of the Member States, as well as the characteristics of the European Union as a subject of international relations.

The second part of the course is devoted to the analysis of mechanisms of judicial protection provided by the Treaties in order to ensure the legality of the European Union legal system and the protection of the subjective legal positions resulting from its rules.

The third and final part of the course will be devoted to the examination of the material rules governing the internal market and some other policies of the European Union.

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

• Know the essential steps of EU lintegration process and identify the peculiarities that distinguish it from traditional international organitazions.
• Understand and report on the main isntitutional aspects of EU legal system, its sources of law and its jurisdictional system, including the effects of EU law in domestic legal systems of the Member States.
• Know and report the content, rationale and goals of essential rules relating the fundamental freedoms, as grounds of EU integration process, and other relevant policies analyzed during the course
• Apply rules of EU law, carry out distinguishing between different situations and create connections among categories of rules, in order to address specific legal issues
• Research sources of EU law, including the case-law of the Court of justice
• Critically asses in autonomous manner the legal implications of policy choices made at all levels of governace of the EU
• Expose the contents of the program using adequate technical language, in both the oral and written form

TEACHING METHODS

The course consists of 54 hours of lectures held by the teacher and is also based on the study of the contribution of the Court of Justice to the development of European Union law, through the prepared and active participation of students in the discussion of cases already decided by the Court. Therefore, the lessons will be carried out with the aid of teaching materials, also available on the portal of the University www.aulaweb.unige.it. For a better organization of the teaching activity, students are required to register on the course website as soon as possible. In order to facilitate in-class discussion, the calendar of all lectures will be announced in advance and the reference documents will be available on the University website for download. A seminar on the reseach of sources of EU law will be held in itinere in order to provide students with the necessary tools to conduct autonomous researches in this subject matter. In case of distance learning, classes will be held through the “Microsoft Teams” platform, in accordance with the instructions provided by the professor on the Aulaweb portal.

SYLLABUS/CONTENT

I. First part: A). The institutional structure. 1. Origin and evolution of the European Union 2. Relations between the European Union and the Member States 3. The institutions of the European Union and their mutual relations; 4. The European Union competence system and, in particular the economic and monetary policy and the Common foreign and security policy 5. The European Union as a subject of international law and its external relations. B). The regulatory system. 1. Primary sources of law; 2. Secondary sources of law 3. Atypical sources of law 4. Effects of EU law in the legal system of the Member States (primacy, direct and indirect effects of EU law).

II. Second Part: The jurisdictional system: a) the European Court of Justice and the Tribunal; b) Judicial remedies: action for annulment (in particular: protection of natural and legal persons), action for failure to act and action for infringement (pre-litigation and litigation phase, effects of the judgment and monetary penalties) c) Reference for a preliminary ruling of interpretation and validity.

III. Third part: EU policies, citizenship and fundamental freedoms. a) Free movement of persons: European citizenship, right of entry and residence, freedom of movement for workers, freedom of establishment b) Free circulation of "products" (goods and services); c) competition law applicable to undertakings 5. Competition law applicable to States.

RECOMMENDED READING/BIBLIOGRAPHY

Attending students:

R. Adam, A. Tizzano, Lineamenti di diritto dell’Unione europea, Giappichelli, 2022, p. 15-212, 227-277, 287-324, 333-367, 493-498, 405-414, 445-465

L. Daniele, Il mercato unico europeo e dello spazio di libertà sicurezza e giustizia, Giuffrè, 2021, p. 51-240

For a collection of normative texts: NASCIMBENE, Unione europea. Trattati, Giappichelli, Torino, last edition, or  www.eur-lex.europa.eu

Non attending students:

R. Adam, A. Tizzano, Lineamenti di diritto dell’Unione europea, Giappichelli, 2022, pp. 3-367, 493-498, 405-465

L. Daniele, Il mercato unico europeo e o spazio di libertà sicurezza e giustizia, Giuffrè, 2021, pp. 1-240, 405-431

For a collection of legal texts: NASCIMBENE, Unione europea. Trattati, Giappichelli, Torino, last edition, or research engine  www.eur-lex.europa.eu