Please note that, for purely technical reasons, the teaching materials for the course appear uploaded in the opposite order to that in which the relevant topics will be treated in the course. Accordingly, students intending to attend the course should first of all refer to the texts of the Treaties and the Charter of Fundamental Rights, contained in the third-last folder at the bottom of the column below (the last two folders containing materials for the ADA Conference held on 19 September 2019 and for the mock-trial held on the occasion of the European Researchers' Night of 27 September 2019).

• 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").

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.

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).

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.

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.

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.

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.

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.

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)

• German Constitutional Court (Bundesverfassungsgericht), Judgment of 30 June 2009, 2 BvE 2/08, concerning the German Act approving the Treaty of Lisbon (s.c. Lissabon Urteil)
• German Constitutional Court (Bundesverfassungsgericht), Judgment of 21 June 2016, 2 BvR 2729/13

  This more recent judgment of the German Constitutional Court, which must be read in line of continuity with its previous judgment of 2009 concerning the Treaty of Lisbon (see above), rejects some pleas which had been raised concerning the compatibility with the provisions of the German Basic Law (Grundgesetz) of a policy decision by the European Central Bank establishing the Outright Monetary Transactions (OMT) plan as a means of facing the current situation of economic crisis. Those pleas namely related to the circumvention of the guarantees of democratic representation offered by the legislative procedures provided for by the Treaty on the Functioning of the European Union (TFEU), inherent in the establishment of such a plan by means of an autonomous decision by the European Central Bank (see also, on the concerns raised by the said decision, the judgment given by the ECJ on 16 June 2015, case C-62/14, Gauweiler v. Deutscher Bundestag, below).

• 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.

Students attending the European Union Law course are invited to attend the final conference of the ADA Project - Antitrust Damages Actions - New Challenges in EU Competition Law Enforcement, to be held on Thursday, 19 September 2019, from 2,30pm to 7pm, in Aula Verde, Polo didattico Pantaleoni, located in Via della Pescheria Vecchia. Students enrolled in the course for the Degree in Law (Corso di laurea in Giurisprudenza, LMG/01) who will register for attending the conference through the on-line system used for registering for the exams will be entitled to 1 ECTS (CFU) for the attendance at the conference. Please find enclosed in this folder the programme of the conference and relevant materials.

• United Kingdom Competition Appeal Tribunal, Peugeot S.A. and others v. NSK Ltd and others

  This case, discussed by Sir Adam Scott in his paper presented at the Conference, provides a particularly uselful example of the treatment by the UK Competition Appeal Tribunal of actions for compensation for damages suffered by private competitors as a consequence of violations of competition rules. The UK Competition Appeal Tribunal is a specialist judicial body with cross-disciplinary expertise in law, economics, business and accountancy, which hears and decides cases involving competition or economic regulatory issues.