European union law

  • A.A. 2016/2017
  • 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
(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 sit for the relevant exams, a satisfactory level of
competence in the English language is an essential prerequisite.

Obiettivi del corso

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 institutional structure of the EU as well
as to to the legislative procedures, facing the concern for the lack of democratic representation in
the decision-making process of the Union, and to the instruments allowing a flexible participation by
the Member States in the pursuit of some of the Union's goals.
The Course will be based on a detailed analysis of the provisions of the EU Treaties and legislation,
as relevant for the purposes of an institutional course, in light of the case law, particularly by the
European Court of Justice, 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 an 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.

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 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.

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
Altre informazioni / materiali aggiuntivi

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). The said materials will be posted, as a rule, on the webpage of the Course.
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 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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  •  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 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: 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 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 external relations of the EU: the competence to conclude agreements with third countries and international organizations

    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 opiniins by the European Court of Justice (ECJ) concering the competence of the EU to conclude such agreements.

  •  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

     

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