European union law

  • A.A. 2018/2019
  • CFU 9
  • Ore 45
  • Classe di laurea LMG/01
Fabrizio Marongiu Buonaiuti / Professore di ruolo - I fascia (GIUR-09/A)
Stampa
Dipartimento di Giurisprudenza
Prerequisiti

Students are expected to have attended institutional courses on Public Law or Constitutional Law
(per gli studenti iscritti al Corso di laurea magistrale in Giurisprudenza, classe LMG/01: Diritto
costituzionale 1 nell'attuale piano di studi del Corso di laurea) and Private Law (Diritto
privato 1) and to have passed the relevant exams. Since the course will be delivered in English,
and
in the same language students are expected to be able to discuss in class on the cases which will
be
examined and sit for the relevant exams, an adequate level of competence in the English
language
shall be considered as an implied prerequisite.

Obiettivi del corso

The Course, which forms part of a programme of courses delivered in English, 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 institutional structure of the EU and to its legislative
procedures,
facing the current concern for the lack of democratic representation in the decision-making
process of the Union, as well as to the instruments allowing a flexible participation by
the Member States in the pursuit of some of its goals.
The Course will be based on a detailed analysis of the provisions of the EU Treaties, in light of
the case law developed by the European Court of Justice.
Cases will be examined in class, in order to develop students' abilities to discuss competently
on
the main issues posed by EU law, acquire a good command of the relevant terminology and a
thorough understanding of the legal dynamics of the subject.

Programma del corso

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;
-issues posed by the prospective withdrawal of a Member State from the EU: the s.c. Brexit
case.

Testi (A)dottati, (C)onsigliati
  • 1.  (A) D. CHALMERS, G. DAVIES, G. MONTI European Union Law 3nd Ed., Cambridge, 2014 » Pagine/Capitoli: 1-11, 15, 17-19, plus on-line chapter 5A available at the publisher's website
Altre informazioni / materiali aggiuntivi

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). These materials will be posted,
as a rule, on the webpage of the Course.

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, 3rd Ed., Cambridge (Cambridge
University Press), 2014 (repr. 2015), Chapters 1-11, 15, 17-19.

Students are advised to supplement the above programme by studying the on-line Chapter 5A
of
the said textbook, titled "The Authority of EU Law Beyond the Union", available for download
free of charge at the publisher's website:
http://www.cambridge.org/nz/academic/subjects/law/european-law/european-union-law-text-
and-materials-3rd-edition#i4IkYHAOjKsb8X0y.97

Students studying on the said textbook are advised to consult the provisions of the Treaties
(TEU and TFEU), as well as relevant EU legislation and cases, as cited in the specified chapters of
the textbook.

Metodi didattici
  • The course will be delivered in classes (lezioni frontali).
    These will be supplemented by case studies (esercitazioni), mostly based on cases decided by
    the
    European Court of Justice (ECJ), which will be posted by the lecturer on the webpage of the
    Course.
    Special attention will be devoted to the discussion of cases, so as to allow students develop an
    ability to discuss competently in English issues related to the main topics forming the subject
    of the
    Course, acquiring a good command of the relevant legal terminology as well as a deep
    understanding of the underlying legal dynamics of EU law.
Modalità di valutazione
  • The exams will take place in both written and oral form. Students regularly attending the
    Course
    will have the opportunity of an intermediate written proof. Students passing the said proof
    shall
    sit for the final exam only on the issues treated in the Course after the intermediate proof.
    Written proofs (both the intermediate one for students attending the Course and the final one)
    will be based on open questions (themes) on the topics treated in the Course (for students
    regularly attending) or in the study programme for the exam (for students not attending the
    Course).
    The oral proof, which presupposes the passing of the written proof, may imply further
    questions
    on the topics treated in the Course (for students regularly attending) or in the study
    programme
    for the exam (for students not attending the Course).
Lingue, oltre all'italiano, che possono essere utilizzate per l'attività didattica

English

Lingue, oltre all'italiano, che si intende utilizzare per la valutazione

English

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  •  Conference of the European Documentation Centre of the University of Macerata

    The European Documentation Centre of the University of Macerata will host a conference, held in Italian, on Wednesday, 24 October, 2018, from 9,30am to 6,30pm, on the EU policy concerning the protection and promotion of cutural heritage. Students enrolled for the degree in Law may apply for the granting of 2 ECTS for the attendance at the conference. For this purpose, they shall register in advance through the website used for registering at the exams: studenti.unimc.it. Registered students having attended shall be expected to sit for a written proof, implying the drafting of a concise report on the topics discussed at the conference. The said proof will take place on the occasion of the first examinations session in December. See below the conference flyer, featuring the conference programme.

  •  Treaties

     

  •  Historical Development of the European Integration

     

    • The Schuman Declaration (1950)

      Declaration by the French Prime Minister Robert Schuman, delivered in 1950, considered as one of the first steps in the development of European integration.

  •  The supra-national nature of the European Union

     

  •  The EU Legal System and the Constitutional Identity of the Member States

     

  •  The protection of fundamental rights in the EU legal system

    Cf. Article 6, Treaty on European Union (TEU) and the Charter of Fundamental Rights of the European Union (above, in the Treaties folder, see particularly Articles 51-53 of the Charter on its scope of application, interpretation and coordination with the European Convention on Human Rights and other human rights instruments)

  •  Compliance by Member States with the Fundamental Values on which the Union is Based: Procedure under Article 7 TEU and Infringement Procedure

     

  •  The EU Institutional Framework

     

  •  Principles governing the competences of the EU and their exercise

     

  •  The Legal Acts of the European Union: in particular: EU Regulations

    This folder contains a selection of cases brougth before the European Court of Justice (ECJ), underlining the distinctive features of regulations as binding legal acts of the Union, with particular regard to their general nature and to their direct applicability in the domestic legal systems of the Member States.

  •  The Legal Acts of the European Union: in particular: EU Directives

    This folder contains a selection of judgments by the European Court of Justice (ECJ) concerning the distinctive features of EU directives, as binding legal acts of the Union, with particular regard to their attitude to produce direct effects on private subjects vis-à-vis their Member State, in the absence of implmenting measures adopted by the latter.

  •  The Legal Acts of the European Union: in particular: EU Decisions

    This folder collects judgments by the European Court of Justice (ECJ) concerning the effects of decisions as binding acts of the EU. Despite the literal wording of Article 288 TFEU, fourth sentence, whereby decisions addressed to individual recipients are binding only upon them, the Court has given a broad construction to the rule, so that decisions addressed to one or more Member States may be likely to produce direct effects in favour of individuals subject to their jurisdiction, following a line of reasoning similar to that adopted concerning directives. Likewise, the Court has excluded that a decision addressed to a Member State may produce horizontal direct effects between private parties.

  •  The Legal Acts of the European Union: in particular: Opinions and Recommendations

    This folder contains judgments by the European Court of Justice concerning opinions and recommendations, which, pursuant to Article 288 TFEU, are not binding. Accordingly, in relation to the former, the ECJ has stressed that they may not be resorted to by the EU institutions when thay intend to adopt an act aiming to modify the leagl position of the subjects oncerned, whereas in respect of the latter the Court has stressed that, albeit not binding, they must be taken into account by domestic courts for the purposes of interpreting the relevant binding provisions of EU law.

  •  The external relations of the EU: the competence to conclude agreements with third countries and international organizations, and questions of compatibility of such agreements with the Treaties

    Art. 216 TFEU provides in general terms for the circumstances in which the European Union may conclude agreements with third countries or international organizations, following, unless otherwise specified in other provisions of the Treaty as may be relevant in respect of the subject matter concerned (such as under Article 207 TFEU, in matters falling under the common commercial policy), the procedure set out under Article 218 TFEU. The present folder collects some of the most significant judgments and opinions delivered pursuant to Article 218, para. 11, TFEU, by the European Court of Justice (ECJ) concering the competence of the EU to conclude such agreements and their compatibility with the Treaties.

  •  The Judicial System of the European Union. Particularly: Infringement Procedures (Arts. 258-260 TFEU)

    The judgments by the European Court of Justice (ECJ) contained in this folder highlight some of the fundamental features of the procedure for infringement, which may be commenced by the European Commission, or, exceptionally, by another Member State, where a Member State is considered at breach with its duties under European Union Law (Arts. 258-260 TFEU).

  •  The Judicial System of the European Union: particularly: actions for annullment (Arts 263-264 TFEU)

     

  •  The Judicial System of the European Union: particularly: actions for failure to act (Arts 265-266 TFEU)

     

  •  The Judicial System of the European Union: particularly: actions for damages caused by the institutions of the Union (Arts 268 and 340, para. 2, TFEU)

     

  •  The Judicial System of the European Union: particularly: references for a preliminary ruling by the European Court of Justice (Art. 267 TFEU)

     

  •  The Judicial System of the European Union: particularly: exceptions of invalidity of EU legal acts having general application (Art. 277 TFEU)

     

  •  The Judicial System of the European Union: actions by individuals before Member States' courts for damages caused by violations of EU law

     

  •  Supremacy of EU Law and its consequences for the principle of res judicata in the domestic legal order of the Member States

    In the judgments contained in this folder, the ECJ brings to further consequences its position held in the cases of Koebler v. Austria and Traghetti del Mediterraneo v Italy (above, in the folder concerning actions before Member States' courts for liability for breach of EU law), by stating that in certain circumstances the duty for Member States to comply with European Union law might imply a limitation for the effects of a domestic judgment having acquired the effect of res judicata.

  •  An introduction to the fundamental freedoms inherent in the Internal Market: Freedom of movement of goods

     

  •  An introduction to the fundamental freedoms inherent in the Internal Market: Freedom of movement of persons

     

  •  An introduction to the fundamental freedoms inherent in the Internal Market: Freedom of establishment and freedom to provide services

     

  •  The withdrawal of a Member State from the European Union: the s.c. Brexit case

     

    • Brexit Negotiations

      Link to the website of the European Commission's taskforce for conducting the negotiations for an agreement with the United Kingdom setting out the arrangements concerning its withdrawal from the European Union, where updated information is available on the progress of the negotiations, with links to EU position papers and other documents adopted within the context of the negotiations.

    • D. Chalmers, G. Davies and G. Monti, European Union Law, 3rd ed., Chapter 5A: The Authority of EU Law beyond the Union

      Link to the dedicated webpage on the publishers' website, from where the above on-line chapter may be downloaded free of charge (select: "resources", then "online chapters", then "Chapter 5A").