OVERVIEW

The Course of European Union (EU) Law aims at offering students an adequate knowledge of the legal dynamics presiding the European integration process and its impact on the Member States’ legal systems as well as on the governance of the regional and global phenomena that they are called upon to handle within the EU legal framework. The Course is preparatory to legal professions within law firms or undertakings, as well as within courts, public administrations and international organizations.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to provide students with the basic tools to research and study EU law, with a view to allow them to comprehend, know, illustrate and develop their own reasoning relating to main aspects of the EU integration process.

AIMS AND LEARNING OUTCOMES

The Course analyzes, in its first part, the institutional framework of the European Union, the rules and principles governing the institutions’ functioning and reciprocal relations, the regulatory sources of the EU legal system and their effects on 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 the mechanisms of judicial protection provided by the EU Treaties in order to ensure the legality of the European Union legal system and the protection of individuals' legal positions grounded thereupon.

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

At the end of the Course, students shall be able to:

• identify the essential characteristics of the EU legal system as well as the peculiarities that distinguish it from other international oganizations
• understand and report on the main institutional aspects of the EU legal system, its sources of law and its jurisdictional system, including the effects of EU law on the Member States’ legal systems
• identify and report on the content of the essential rules governing the EU internal market, in particular the fundamental freedoms and the other relevant policies taken into exam during the Course
• analyze practical legal questions and identify the rules of EU law applicable to solve them
• 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 an autonomous manner the legal implications of policy choices made at all levels of the EU governance
• report on the contents of the Course’s program using adequate technical language, in both the oral and written forms.

PREREQUISITES

A fruitful study of the topics covered in the teaching of European Union Law presupposes knowledge of the basics of Constitutional Law and Private Law.

TEACHING METHODS

The course consists of 54 hours of lectures (corresponding to a total of 9 CFU) 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:

ADAM – TIZZANO, Manuale di diritto dell’Unione europea, quarta ed., Torino, 2024, pp. 69-123, 153-243, 245-269, 965-969, 971-991, 291-367, 379-404, 422-430, 439-474, 543-584, 595-652, 687-719, 737-776, 877–958. 
For a collection of legal texts: 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, quarta ed., Torino, 2024, pp. 3-529, 543-652, 687-719, 737-776, 877-958, 965-969, 971-991.  
For a collection of legal texts: NASCIMBENE, Unione europea. Trattati, Giappichelli, Torino, last edition, or research engine  www.eur-lex.europa.eu 

TEACHERS AND EXAM BOARD

Exam Board

CHIARA ENRICA TUO (President)

CHIARA GAMBINO

LAURA CARPANETO (Substitute)

SIMONE CARREA (Substitute)

STEFANIA CASIGLIA (Substitute)

PIERANGELO CELLE (Substitute)

CHIARA CELLERINO (Substitute)

MATTEO DANIELE (Substitute)

MARIA ELENA DE MAESTRI (Substitute)

MARCO FERRUGLIO (Substitute)

ELENA GUALCO (Substitute)

PAOLA IVALDI (Substitute)

FRANCESCO MUNARI (Substitute)

FRANCESCO PESCE (Substitute)

ILARIA QUEIROLO (Substitute)

LORENZO SCHIANO DI PEPE (Substitute)

LESSONS

LESSONS START

I semester: from September 16th 2024
 

Class schedule

EUROPEAN UNION LAW A

EXAMS

EXAM DESCRIPTION

The examination is oral, consists of at least three open questions dealing with the course program and lasts no less than twenty minutes. The questioning is always conducted by the lecturer in charge of the teaching in addition to another tenured faculty member (i.e., a research fellow with at least three years of postgraduate research).

Attending students will be offered the opportunity to take the examination in written form at the end of the lecture series. The written exam reserved for attending students will consist of multiple-choice and open-ended questions covering the course program covered in the lectures. 

In order to take the exam, the student is required to register online for the chosen roll call. It is strongly recommended to cancel the registration in case of failure to appear for the exam.

The exam will be held in-person or remotely, in accordance with University guidelines.

ASSESSMENT METHODS

The examination in oral form normally consists of at least three open-ended questions, covering topics representative of the entire course program. The examination in written form consists of multiple-choice questions as well as open questions on topics covered in class. More information on how to take the examination in written form will be provided in class.

Both in the examination in written form and in the examination in oral form, the questions put to the student will be aimed at ascertaining the effective knowledge of the notions and institutes of European Union law as well as at testing the ability to critically analyze and practically apply these notions and institutes for the purpose of solving concrete legal issues. Parameters of evaluation shall be, in addition to knowledge and mastery of the contents of the course program, the quality of exposition, the appropriate use of specialized technical language, autonomy of judgment, and the capacity for analysis and critical reasoning. 

Students who have valid certification of disability or Specific Learning Desorders (DSA) on file with the University may request the use of compensatory measures during the exams (e.g. additional time, concept maps, modifications in the written/oral mode), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

Exam schedule

FURTHER INFORMATION

All further information regarding the conduct of the course can be found on the page dedicated to it on the University portal www.aulaweb.unige.it. Communications to students are made through the forum on the same page.