European Union law
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Teaching methods
- Contacts/Info
Good knowledge of Public Law and International Law is suitable for a better understanding of specific juridical terms of EU Law.
Final exam is an oral discussion with final mark expressed in thirtieth. The interview relates to the whole program.
The course aims at giving a deep knowledge of the frame and the functioning of European Union. In the first part, attention will be given to the structure of EU Law, starting from an historical introduction, through the analysis of the institutions, the sources of the law, the fundamental principles, concluding with the jurisdictional protection of rights in the EU. In the second part, focus will be given on the internal market, with special attention to free movement of persons and competition.
The course wants to promote an high consciousness of the EU role as an autonomous jurisdiction in the international community, and in the relationships with Member States and individuals. The aim is to offer appropriate tools for a critical approach to the study of EU functioning.
Students shall demonstrate knowledge and competence relating to: a) composition and functioning of EU institutions and fundamental bodies; b) sources of law, their main characteristics, their effects in national jurisdictions, their impact on the individuals; c) fundamental principles of EU law and their functions; d) procedures for the protection of individual rights and legitimate interests; e) the European Court of justice, its competence and the functions of the proceeding that can be instituted; some procedural rules; f) rights of free movement; g) competition; h) State aids.
At the end of the course, students should be able to: a) understand the global functioning of EU jurisdiction, especially concerning Institutions; b) have clear the interactions between EU and national jurisdictions; c) know the relationships between different jurisdictions; d) be able to distinguish between the CGUE's attributions and those of others national or international jurisdictions; e) know the fundamental principles of internal market, especially regarding free movement and the “global approach”; f) discuss the case-law of the European Court of Justice; g) solve some typical institutional and material problems.
First part: 1. The development of European integration; 2. The institutions; Competence; Instruments and the hierarchy of norms; 5: Legislation and decision-making; 6.The nature and effect of EU law; 7. Remedies in national courts; 8. The relationship between EU law and national law; 9. Enforcement action against Member States; 10. Preliminary rulings; 11. Review of legality
12. Damages actions
Second part: 1. The single market; 2 Freedom of establishment and to provide services; 3. 13. Citizenship of the European Union; 4. Competition law: Article 101; Article 102: mergers; 5. The state and the common market; 6. Undertakings entrusted with the operation of services of general economic interest.
Specific program for incoming Erasmus students by request from at least one incoming Erasmus student.
Lessons relating to Judicial Review will be held in English. 4 ECTR can be recognised. Requests must be submitted by e-mail (silvia.marino@uninsubria.it) before 5th March 2019. For delayed requests other solutions will be settled with the interested student(s). The lessons will start approximately 24 hours after the beginning of the course and will last approximately 11 hours.
The program is the following:
Enforcement action against Member States and Institutions
Preliminary rulings
Review of legality: access
Review of legality: grounds of review
Damages actions and money claims
A text book will be suggested.
By request, an incoming Erasmus student can choose a program in English. Requests must be submitted by e-mail (silvia.marino@uninsubria.it) before 5th April 2010. 9 ECTR can be recognised. The suggested text is the following:
Paul Craig and Gráinne de Búrca, EU Law, Text, Cases, and Materials, Sixth Edition, 2015
The relevant chapters are:
1: The development of European integration
2: The institutions
3: Competence
4: Instruments and the hierarchy of norms
5: Legislation and decision-making
6: Decision-making and new forms of governance
7: The nature and effect of EU law: direct effect and beyond
8: The application of EU law: remedies in national courts
9: The relationship between EU law and national law: supremacy
11: Human rights in the EU
12: Enforcement action against Member States
13: Preliminary rulings
14: Review of legality: access
15: Review of legality: grounds of review
16: Damages actions and money claims
17: The single market
22: Freedom of establishment and to provide services
23: Citizenship of the European Union
26: Competition law: Article 101
27: Competition law: Article 102
28: Competition law: mergers
29: The state and the common market
For the first part of the course, students are suggested to choose among one of these books:
Strozzi, Mastroianni, Diritto dell’Unione europea, Parte istituzionale, Giappichelli, 2016
Adam, Tizzano, Lineamenti di Diritto dell'Unione europea, Giappichelli, 2016
Daniele, Diritto dell'Unione europea, Giuffre, 2018
For the second part, one among:
Daniele, Diritto del mercato unico europeo e dello spazio di libertà, sicurezza e giustizia, Giuffrè, 2016, c. I, IV, VI, VII
Strozzi (a cura di), Diritto dell’Unione europea, parte speciale, Giappichelli, 2017, c. II part I, c. III, IV, VI, VII
Or, for the whole course, as alternative:
Adam, Tizzano, Manuale di Diritto dell'Unione europea, Giappichelli, 2014, IIntroduzione, parte I, parte II, parte III, parte IV limitatamente a: cap. 1 + cap. 4 sez. II + cap. VII sezione I
Differences among these books concern only the approach: some contains more basical information before addressing the focus, others more synthetical. Preference depends on the way the students study at best.
The general method is the classical front-lesson. Nevertheless, discussion is strongly encouraged during the lesson.
Joining E-learning platform is also strongly recommended. Students can find the slides shown during the lessons and other important documents for a the study, such as new acts and case law. Moreover, all updates about the course are published there.
Second semester