DIRITTO DELL'UNIONE EUROPEA
(objectives)
The course aims to provide an overall understanding of European Union law. 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. The analysis also covers the free movement of people and the European citizenship. 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 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. Finally, an in-depth examination of the functions of the EU Court of Justice is carried out, with peculiar emphasis on the preliminary ruling as an instrument of dialogue between the courts.
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Code
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13206 |
Language
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ITA |
Type of certificate
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Profit certificate
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Credits
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8
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Scientific Disciplinary Sector Code
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IUS/14
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Contact Hours
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48
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Type of Activity
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Related or supplementary learning activities
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Derived from
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16006 DIRITTO DELL'UNIONE EUROPEA in GIURISPRUDENZA (LMG-01) LMG/01 0 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)
G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, III ed., Laterza, 2017 (full volume); Paolo Mengozzi, Claudia Morviducci, Istituzioni di diritto dell’Unione europea, II ed., CEDAM, 2018 (only chapter IX).
Girolamo Strozzi (edited by), Diritto dell’Unione europea. Parte speciale, V ed., Giappichelli, 2017 (only chapter 2).
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
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Attendance
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Mandatory
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Evaluation methods
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Written test
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