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EUROPEAN UNION LAW

CODE 103974
ACADEMIC YEAR 2022/2023
CREDITS
  • 9 cfu during the 2nd year of 11122 DIRITTO ED ECONOMIA DELLE IMPRESE(L-18) - LA SPEZIA
  • 9 cfu during the 2nd year of 11122 DIRITTO ED ECONOMIA DELLE IMPRESE(L-14) - LA SPEZIA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/14
    LANGUAGE Italian
    TEACHING LOCATION
  • LA SPEZIA
  • SEMESTER 1° Semester
    PREREQUISITES
    Prerequisites
    You can take the exam for this unit if you passed the following exam(s):
    • LAW AND BUSINESS ADMINISTRATION 11122 (coorte 2021/2022)
    • LAW OF OBLIGATIONS AND CONTRACTS 103723
    • CONSTITUTIONAL SYSTEM AND FUNDAMENTAL RIGHTS 103725
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    The subject of the course is the study of the legal framework governing the process of European integration and its impact on the legal systems of the Member States. A particular attention is devoted to an in-depth study of some issues concerning to the law of the economy of European Union. This course is indeed essential for working within companies, public administrations or international organisations.

    AIMS AND CONTENT

    LEARNING OUTCOMES

    The course aims to provide students with general skills and the essential methodological instruments and tools for the analysis of the European Union Law. To this end, the institutional structure of the EU, the sources of law, the relationship between the European Union and the domestic legal system, the European system of judicial protection, as well as the fundamental freedoms and the main policies of the Union are examined in detail. Considering the themes that characterise the degree course, a particular attention is devoted to the exam of the principles underpinning the so-called European Economic Constitution, also in the perspective of enabling students to independently understand its future developments.
    

    AIMS AND LEARNING OUTCOMES

    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;
    • analyze 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 with appropriate technical language, both in oral and written form, on matters relating to European Union Law.

    PREREQUISITES

    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.

    TEACHING METHODS

    Lectures are given exclusively in presence.
    They are supplemented by the analysis of regulatory and case law material, and are carried out with the help of documentation made available on AulaWeb.

    SYLLABUS/CONTENT

    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;
    • the 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;
    • competition rules applicable to companies and States.

    RECOMMENDED READING/BIBLIOGRAPHY

    ATTENDING STUDENTS

    ADAM – TIZZANO, Manuale di diritto dell’Unione europea, Torino, 3rd ed., 2020:

    • Introduzione
    • Parte prima
    • Parte seconda (only chapters from I to V)
    • Parte terza
    • Parte quarta (only introduction and chapters I, II, IV, VII and VIII)
    • Parte sesta

    Regulatory sources can be found through the platform EUR-Lex (eur-lex.europa.eu).


    NON-ATTENDING STUDENTS

    ADAM – TIZZANO, Manuale di diritto dell’Unione europea, Torino, 3rd ed., 2020:

    • Introduzione
    • Parte prima
    • Parte seconda
    • Parte terza
    • Parte quarta
    • Parte sesta

    Regulatory sources can be found through the platform EUR-Lex (eur-lex.europa.eu).

    TEACHERS AND EXAM BOARD

    Exam Board

    FRANCESCO PESCE (President)

    LESSONS

    LESSONS START

    Classes are supposed to start during the week of 19 September 2022, following the academic calendar of the Department for the 1st Semester.

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    EXAM DESCRIPTION

    The examination is oral and consists, in principle and without prejudice to the need for further study, of three questions on different parts of the programme.
    For attending students only, it is also possible to replace the oral examination with a final written examination, whose modalities will be detailed during the first lesson.

    ASSESSMENT METHODS

    The purpose of the interview is to ascertain whether the candidate has acquired an advanced knowledge of the legal system of the European Union and an in-depth knowledge of the Union's economic policies. It also tests the candidate's command of technical terminology.