DIRITTO DELL'UNIONE EUROPEA
(objectives)
The course provides students with basic knowledge of the EU legal system. It is divided into three parts. The first part includes: an introduction to the historical setting of the European Integration, the description of the institutional structure of the EU, its legal sources and the main features of its decision-making process. It starts with an introduction, which focuses on the integration process through the modification of the treaties and the enlargement. It highlights the peculiarities of the European Union as a legal order and a “community of law”, with respect to the phenomenon of international organization. Then, the European institutional framework is examined, taking into account the relation between the Institutions and the principles guiding their interaction. The toolkit adopted by the Union to overcome the democratic deficit is illustrated, including the decision-making procedures for the adoption of EU acts. Then, the course focuses on the principles which regulate the attribution and the exercise of EU competences and the forms of differentiated application. The hierarchy, features and functioning of EU sources is then introduced and explained in its relations with domestic law. The second part is devoted to the enforcement of EU law vis-à-vis the Union, the Member States, and individuals. The notions of primacy, autonomy and direct effect of EU law are widely investigated, alongside the modalities for the implementation of EU law in national legal orders, in particular in Italy. It also gives an account of the functioning of the judicial system of the EU, focusing on the functions of the European Court of Justice in its dialogue with national judges. The third part is devoted to substantive matters, relating to the protection of fundamental rights and the role of the EU Charter, the European citizenship and freedom of circulation within the EU.
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Derived from
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17853 DIRITTO DELL'UNIONE EUROPEA in Languages and Cultures for International Communication LM-37 VITIELLO DANIELA
(syllabus)
Introduction to European Union law. - Succession of treaties and features of the European Union. - The Lisbon Treaty. - The future of Europe. - Accession and withdrawal. - Brexit. - Institutional framework. - The system of competences. - The exercise of competences. - Differentiated application and enhanced cooperation. - Sources. - Article 6 TEU and Charter of Fundamental Rights of the EU. - EU membership of the ECHR. - The general principles. - International agreements and general international law. - Derived acts. - Direct vertical / horizontal effects. - Free movement of persons and EU citizenship. - The system of appeals before the Court of Justice. Preliminary ruling. - Direct appeals. - Infringement procedure. Non-contractual liability of the EU. - The relationships between legal systems. - The implementation of EU obligations in Italy. - Contrast between national law and EU law. Appeal for non-contractual liability of the State.
(reference books)
• Suggested Textbook: JACQUES ZILLER, Advanced Introduction to European Union Law, Elgar Advanced Introductions series, Cheltenham-Northampton, 2020.
• Exercise book: KLAUS-DIETER BORCHARDT, The ABC of EU law, Publications Office of the European Union, Luxembourg, 2017, available online free of charge from the website of the European Union: https://op.europa.eu/en/publication-detail/-/publication/5d4f8cde-de25-11e7-a506-01aa75ed71a1.
• The EU Treaties can be downloaded free of charge from the website of the European Union: http://eur-lex.europa.eu/collection/eu- law/treaties.html.
• Other study materials will be indicated or provided in class by the Professor.
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Dates of beginning and end of teaching activities
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From to |
Delivery mode
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Traditional
At a distance
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Attendance
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Mandatory
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