OVERVIEW

The Court of Justice, in one of its oldest and most known decisions, defined the European Union as "a new legal order of international law", the subjects of which comprise not only the Member States but also their nationals (decision Van Gend en Loos, 26/62).

No doubt that the EU is the most original test of cooperation among States and it is now an integral part of our life.

The course is aimed at providing the instruments to undestand the functioning of this sui generis legal order, through the analisys of the main elements (i.e. institutions, sources of law and competences). 

UN SDG: 16.1 (Rule of law and access to justice).

AIMS AND CONTENT

LEARNING OUTCOMES

At the end of the course, students will acquire the methodological tools and general competences related to the institutional framework of the European Union and the main policies of the Union, will be able to understand and analyse current legal issues of European Union law, and will be able to independently develop possible solutions to open questions.

AIMS AND LEARNING OUTCOMES

The first part of the course is devoted to the institutions and to the sources of law of the European Union. In this part of the course, the students will acquire specific knowledge of:

(i) institutions and rules of functioning of the European Union;

(ii) sources of law and decisional procedure for their adoption;

(iii) instruments of judicial protection;

(iv) European citizenship and rights deriving from it;

(v) principles regulating the system of competences and their exercise.

In the second part of the course, the students will learn the most important areas of intervention of EU law and, more precisely:

(i) the rules governing the internal market;

(ii) the rules on the area of freedom, security and justice.

The above topics will be always considered in a dynamic perspective, which starting from the legal framework of reference, will take into account the practice and, in particular, the relevant case-law of the Court of Justice. 

PREREQUISITES

No propaedeuticity required. An adequate understanding of the Italian language is required

TEACHING METHODS

Lectures and exams will be held in presence.

News and communications concerning the lectures will be provided through the Aulaweb page of the course. Students are invited to register as participants to the Aulaweb page of the course. 

The teaching materials (legal acts, decisions, references) will be uploaded on the Aulaweb page of the course. 

The course consists of face-to-face in-person lectures for a total of 48 hours (equivalent to 8 credits CFU/ECTS), during which theoretical notions will be contextualised in the light of practical cases. Occasionally, guests may be invited for in-depth and/or professionalizing lectures

SYLLABUS/CONTENT

First part: (i) institutions and rules governing the functioning of the European Union, (ii) sources of law and decisional procedure for their adoption; (iii) instruments for the judicial protection; (iv) European citizenships and rights deriving from it; (v) principles regulating the system of competences and their exercise.

Second part: (i) the rules of the internal market; (ii) the rules regulating the area of freedom, security and justice.

RECOMMENDED READING/BIBLIOGRAPHY

The book for the course is ADAM R., TIZZANO A., Lineamenti di diritto dell'Unione europea, 2022, Giappichelli

For the students following regularly the lectures the program includes:

- the book above mentioned, from p. 1 to 300 and from p. 327 to 386.

- the analysis of the following teaching materials:

A) most relevant decisions of the Court of Justice in the following fields: general principles of the EU legal order (for example principle of institutional balance, subsidiarity, proportionality), European citizenship, fundamental freedoms, economic and monetary policy, external relations.

B) most important acts of the European institutions (for example inter-institutional agreements, conclusions of the European Council, communications of the Commission) relevant for the studying of the topics of the course.

The above mentioned teaching materials, together with the Treaty on the EU, the Treaty on the functioning of the EU, the Charter of the fundamental rights of the EU, are available on the Aulaweb page of the course. 

For the students who do not regularly participate to the lectures, the program includes the entire book above mentioned.

For the students who select the course of EU law for the purposes of the so-called "carriera ponte", the program includes the book above mentioned from p. 1 to 300 and from p. 327 to 386. 

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Informations on the beginning of the course will be available on the Aulaweb page.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The examination is oral, held in person and only during official exam sessions. It usually consists of three questions and lasts approximately 15 minutes.  

In addition, and exclusively for those who attend 2/3 of the lectures in person, the lecturer may possibly introduce one or more optional intermediate tests (multiple choice questions and open questions) that exempt them from the oral examination for the corresponding part. 

It should also be noted that attending in-person at least 50% of the lessons allows students be examined on the programme for 'attending students'. 

The course is delivered in Italian and, as a general rule, the exam must be taken in Italian

ASSESSMENT METHODS

Exams aim to test whether the student is able to identify, understand and apply EU law as covered in the programme, as well as to use appropriate legal terminology.

FURTHER INFORMATION

Students can talk with the professor every Monday from 9 a.m. to 12 a.m. at Department of Political Sciences, Albergo dei Poveri, Central Tower, third floor. For better organizing  the meetings, students are kindly invited to write in advance the address: laura.carpaneto@unige.it