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16006 European Union Law in LAW LMG/01 0 VITIELLO DANIELA
(syllabus)
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, the 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.
TOPICS COVERED: Introduction to European Union Law. - The origins and development of the European integration process. - Succession of treaties and the characteristics of the European Union. - The enlargement of the European Union: the milestones. - The Treaty of Lisbon. - The future of Europe. - Accession and withdrawal of states. - Brexit. - Institutional framework: the European Parliament, the European Council, the Council, the European Commission, the Committees, the agencies. - The system of competences. - The exercise of competences. - Differentiated application and enhanced cooperation. - The system of sources: general features. - Primary law (Treaties and annexed protocols, EU Charter of Fundamental Rights). - Art. 6 TEU and EU Charter of Fundamental Rights. - EU accession to the ECHR. - The general principles, international agreements and general international law). - Secondary law: the acts of the institutions (in particular, regulations, directives and decisions, non-binding acts and atypical acts). - Decision-making procedures: ordinary legislative procedure, special legislative procedures; non-legislative procedures (delegated and implementing acts). - The system of legal remedies before the Court of Justice. The preliminary procedure. - Direct actions. Action for annulment; action for failure to act. - Infringement proceedings. Action for non-contractual liability of the EU. - Relations between legal systems: transposition of EU legislation into domestic law. - The implementation of EU obligations in Italy. - Contrast between national law and EU law (the primacy of EU law over the law of member states, the legal duty of conforming interpretation, the direct vertical/horizontal effects of EU sources and the action for non-contractual liability of the state). - Free movement of persons and EU citizenship. - The external action of the European Union.
(reference books)
1) For the final exam, the students shall choose and study one out of the following textbooks: - R. Adam, A. Tizzano, Lineamenti di diritto dell'Unione europea, Giappichelli, Torino, ultima edizione - L. Daniele, Diritto dell'Unione europea. Sistema istituzionale. Ordinamento. Tutela giurisdizionale. Competenze, Giuffré, Milano, ultima edizione - R. Baratta, Il sistema istituzionale dell'Unione europea, CEDAM-Wolters Kluwer, ultima edizione
Erasmus students and/or international students can also use an handbook written in English: J. Ziller, Advanced Introduction to European Union Law, Elgar Advanced Introductions series, Cheltenham-Northampton, last ed.
2) The materials uploaded by the lecturer on the Moodle page of the course are essential in order to be able to profitably sit the exam.
3) European Union law texts are all accessible online. Please note that it is possible to purchase up-to-date and annotated collections of them (such as B. Nascimbene, Unione europea. Trattati, Giappichelli, Torino, ultima edizione).
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