DIRITTO DELL'UNIONE EUROPEA
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
Good knowledge of Public Law and International Law is suitable for a
better understanding of specific juridical terms and classes of EU Law
Final exam is an oral discussion with final mark expressed in thirtieth.
The interview relates to the whole program. Students attending to the
lessons can take the exam only on the second part, if they got a sufficient
mark in the intermediate text(s). Normally, but not necessarily, two
questions will be asked on the first part of the program, one on the
second.
Will be evaluated: a) exposition; b) use of correct technical language; c)
(deep) knowledge of the program; d) masterhood of ECJs and Italian
Constitutional Courts case law; e) critical approach and analysis; f)
capacity of connecting different subject and institutions. During the
interview case law could be discussed, if examined during the course or
analyzed in the books suggested.
The course means to give a deep knowledge of the frame and the
functioning of European Union. In the first part, attention will be given to
the proper structure of EU Law, starting from an historical introduction,
passing 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 are meant to 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) instruments 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 EUCGs 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; 13. Citizenship of the European Union
Second part: 1. The single market; 2 Freedom of establishment and to
provide services; 3. Competition law: Article 101; Article 102: mergers; 4.
The state and the common market; 5. 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, the 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 10th March 2021 for the second
semester (Como). 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.
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 10th April 2021 for the second
semester (Como). 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
For the first part of the course, students are suggested to choose among
one of these books
Villani, Istituzioni di Diritto dell’Unione europea, Cacucci Editore, 2020
Strozzi, Mastroianni, Diritto dell’Unione europea, Parte istituzionale,
Giappichelli, 2020
Daniele, Diritto dell'Unione europea, Giuffré, 2018
For the second part, one among:
mercato unico europeo e dello spazio di libertà, sicurezza e giustizia,
Giuffrè, 2019, capp. I, III, IV, VI, VII
Strozzi (a cura di), Diritto dell’Unione europea, parte speciale,
Giappichelli, 2017, cap. II parte I, capp. III, IV, VI, VII
Differences between 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.
Knowledge of normative acts is strictly necessary, in particular the EU
Treaty, the Treaty on the Functioning of the European Union, other acts
relating to the objects of the course. Every collection can be used, in up
to date; texts can be consulted on line on eur-lex.europa.eu.
For the text of the Treaties, we suggest:
Nascimbene, Unione europea. Trattati, Giappichelli, 2020
These texts are merely suggested. Each student can choose the methods
and the manuals for his/her studies.
The necessary information regarding the organization of the course is
contained in this paper and repeated in the e-learning platform. The
professor is available only for questions regarding doubts or difficulties
arisen during the study.
The course consists in 55 hours lessons. Due to the current restrictions to
the access to classrooms, lessons will be held online trhoug teams or
slides with audio. Therefore, joining E-learning platform is strongly
recommended. Students can find there the slides and other important
documents for the study, such as new acts and case law. Moreover, all
updates about the course are published there.
Intermediate evaluation tests could be provided, though "quiz" in the elearning
platform.