Students are expected to have attended courses on Public Law and Private Law and to have passed the relevant exams.

The Course aims to introduce students to the peculiarities of the law of the European Union as a distinct legal order. Particular attention will be devoted to the incidence of the modifications introduced by the Treaty of Lisbon to the institutional structure of the EU as well as to to the procedures for the adoption of acts by the EU institutions, facing the current concerns for the lack of democratic representation in the decision-making process of the Union.

The Course will be mostly focused on the following topics:

-distinctive features of the EU legal order, especially its “supra-national” character, viewed through its origins and its subsequent developments;
-the role and nature of the founding treaties as primary sources of the EU legal order;
-the institutions of the Union: their powers and role in the structure of the Union and their respective incidence in the decision-making process of the EU;
-the competences of the EU, their limits and coordination with the competences of the Member States, the principles guiding the exercise of EU competences: subsidiarity and proportionality; implied powers;
-the external competences of the EU: the principle of parallelism between internal and external competences and the position of treaties concluded by the EU within its legal order;
-the legislative and non-legislative procedures as contemplated by TFEU and the issue of democratic representation;
-the acts adopted by the EU and their distinctive features; legislative and non-legislative acts; binding and non binding acts; acts of a general nature and acts addressed to specific subjects;
-the acts adopted in the field of common foreign and security policy, their features and relationships with acts adopted in the other fields;
-enhanced cooperation as a means of introducing a form of differentiated integration among the Member States;
-the relationship between the EU and the legal orders of the Member States: supremacy and its consitutional limitations;
- the implementation of EU acts in the legal orders of the Member States; in particular, the issue of direct effects;
-the judicial system of the EU: role and competences of the European Court of Justice and of its constituencies: the Court of Justice, the General Court and the specialised courts;
-in particular, the judicial and advisory functions of the ECJ: contentious and non-contentious procedures, opinions on the conclusion of agreements by the EU;
-the protection of fundamental rights within the EU: Article 6 TEU and the planned EU accession to the ECHR; problems of coordination among different fundamental rights provisions;
-an introduction to the main policies of the EU as fundamental components of the Internal Market: free movement of persons, including the implications of the European citizenship; free movement of goods, services and capitals.

Texts and materials:

Students regularly attending the Course will be expected to prepare for the exam on the basis of the notes taken during the Course and of the relevant materials indicated by the lecturer (Treaties, EU and domestic legislation, case law and literature).

Students not attending the Course will be expected to study the subject on the following textbook:

D. CHALMERS, G. DAVIES, G. MONTI, European Union Law, 2nd Ed., Cambridge (Cambridge University Press), 2010, Chapters 1-11, 15-16, 18-19.

Students are advised to consult the Treaties (TEU and TFEU) as well as relevant EU legislation and cases as cited in the text.

• 1.  (A) D. CHALMERS, G. DAVIES, G. MONTI European Union Law 2nd Ed., Cambridge, 2010 » Pagine/Capitoli: 1-11, 15-16, 18-19

Students regularly attending the Course will be expected to prepare for the exam on the basis of the notes taken during the Course and of the relevant materials indicated by the lecturer (Treaties, EU and domestic legislation, case law and literature).
Students not attending the Course are advised to consult the Treaties (TEU and TFEU) as well as relevant EU legislation and cases as cited in the text.

• § lezione frontale§ esercitazioni

• § scritto§ orale

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