OVERVIEW

The course examines the institutional profiles of EU Law and provides an in-depth study of the impact of EU Law and of the international protection of human rights on the regulation of family relations in the domestic legal system.

AIMS AND CONTENT

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.

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, II and III.

Part II:

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

TEACHERS AND EXAM BOARD

Exam Board

FRANCESCO PESCE (President)

ILARIA QUEIROLO

LAURA CARPANETO (Substitute)

CHIARA CELLERINO (Substitute)

MARIA ELENA DE MAESTRI (Substitute)

STEFANO DOMINELLI (Substitute)

FRANCESCA MAOLI (Substitute)

CLARA PASTORINO (Substitute)

PIETRO SANNA (Substitute)

MATTEO SOMMELLA (Substitute)

LESSONS

LESSONS START

Classes are starting during the week of 13 February 2023, following the academic calendar of the Department for the 2nd Semester.

Class schedule

L'orario di tutti gli insegnamenti è consultabile all'indirizzo EasyAcademy.

EXAMS

EXAM DESCRIPTION

The examination is oral and consists, in principle, of two questions on the first part and two questions on the second part of the programme.
For attending students only, it is also possible to replace the oral examination with two intermediate multiple-choiche tests, whose modalities will be detailed during the first lesson.

ASSESSMENT METHODS

The purpose of the interview is to ascertain whether the candidate has acquired a basic knowledge of the legal system of the European Union and in-depth knowledge of the free movement of persons and the protection of fundamental rights in the European Union, particularly with regard to family relationships. The command of technical terminology will also be tested.

Exam schedule