|SCIENTIFIC DISCIPLINARY SECTOR||IUS/14|
The study of European Union law is aimed at understanding the legal dynamics of the European integration process and its impact on the Member States’ legal frameworks and on the governance of the regional and global phenomena that they are called to address within the legal system of the European Union. The course is preparatory to legal professions within law firms or undertakings, as well as within courts, public administrations, international organizations.
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.
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:
Basci knowledge of structural elements of the national legal system e international legal system.
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.
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.
ADAM – TIZZANO, Manuale di diritto dell’Unione europea, Torino, 2020 or more recent edition if available (and pages adapted accordingly), 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 legal sources: NASCIMBENE, Unione europea. Trattati, Giappichelli, Torino, last edition, or research engine www.eur-lex.europa.eu
Non attending students:
ADAM – TIZZANO, Manuale di diritto dell’Unione europea, Torino, 2020, or more recent edition if available (and pages adapted accordingly), pp. 1-481, 495-599, 637-672, 687-727, 829-912, 915-948, 949-969.
For legal sources: NASCIMBENE, Unione europea. Trattati, Giappichelli, Torino, last edition.
I semester: from September 13th 2021
II semester: from February 14th 2022
All class schedules are posted on the EasyAcademy portal.
The exam is oral. Attending students will be offered the opportunity to take the exam in written form at the end of the cycle of lectures. The exam shall take place in presence or in distance mode, depending on the evolution of the sanitary situation and in accordance with University instructions.
The oral exam consists of at least two questions on topics that are representative of the whole course program. The written exam consists of multiple choice as well as open questions on all the topics discussed during lectures. Further information on the written exam will be provided in class. For both the oral and the written exam, the assessment aims to ascertaining the effective knowledge of rules of EU law and to verify the capacity of students to conduct critical analysis as well as to apply rules of EU law to the solution of practical legal questions. Performance evaluation will be based not only on the degree of knowledge of the topics, but also on the quality of exposition, on the use of appropriate technical language and on the capacity to conduct critical analysis and reasoning.