Teaching code

4S00314

Teacher

Maria Caterina Baruffi

Coordinator

Maria Caterina Baruffi

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/14 - EUROPEAN UNION LAW

Period

1° periodo di lezioni dal Oct 1, 2018 al Dec 14, 2018.

Lessons timetable Moodle Seminars 0

Learning outcomes

The course aims at providing a general framework of European Union Law by means of the analysis of the legal system set up after the Lisbon Treaty entered into force on 1st December 2009. Its main purpose focuses on providing the methodological tools to better understand the complex functioning of such system through the study of the interpretative methods created by the Court of Justice of the European Union. The teaching approach includes both a theoretical part and an analysis of case law. The students are thus able to develop the skill of applying European Union Law to actual cases and to acquire the basic competence in order to carry out tasks in the legal practice, as well as in international organizations. The course takes into consideration the historical evolution of European integration, the institutions of the European Union and their acts and competences, and also specific aspects of European Union policies such as the freedom of movement of goods, persons and services, competition law and State aids, the economic and monetary Union.
In this context, the main objective of the course is a proficient ability to apply EU legal sources and case law, possessing a full understanding of the evolution of the European legal framework.

Upon completion of the course the student should be able to:
- know and understand the working methods of European Union law, also with regard to its interplay with the Italian legal system, as well as the main aspects of the EU policies that have been selected in the course’ syllabus;
- carry out critical analysis with regard to the issues discussed in the course, by applying them in the resolution of case studies and referring to the relevant case law;
- express orally the acquired knowledge, also showing proper command of the legal jargon.

Program

In summary, the following topics will be covered:

INSTITUTIONAL MODULE
History of the European integration. The institutional structure of the European Union: the institutions, the organs and their functioning; EU competences; the system of the EU legal sources and the features of the EU acts; the interplay between EU and national law, also in relation to the internal regional dimension; the jurisdictional protection; the EU external relations; the EU foreign and defence policy; the fundamental rights in the EU legal system; the European citizenship.

EU POLICIES MODULE
Free movement of goods. Free movement of persons. Freedom of establishment and free movement of services. EU competition law through the main EU acts and the case law of the Court of Justice of the EU. EU competition policies addressed both to undertakings, as prohibition of restrictive agreements and abuse of dominant position, and to Member States, as State aids rules. Common commercial policy. Economic and monetary Union.


TEACHING METHODS
Classes are taught in Italian.
As for attending students, the teaching will comprise both lectures focused on the study of the basic notions and legal sources regarding European Union law and practical lectures during which the relevant case law will be discussed.
During the lessons the Professor will avail herself of powerpoint presentations.
The teaching materials used during the course, to be added to the reference books, will be provided to the students through the University e-learning platform.
As for non-attending students, the teaching methods will consist in the study of the proposed textbooks (also taking into account the more recent legislative updates), to which the teacher can offer her support.


BIBLIOGRAPHY
- P. MENGOZZI, C. MORVIDUCCI, Istituzioni di diritto dell’Unione europea, CEDAM-Wolters Kluwer, Milano, 2018;
- G. STROZZI (a cura di), Diritto dell’Unione europea. Parte speciale, quinta edizione, G. Giappichelli Editore, Torino, 2017.

Attending students can prepare the exam on:
- P. MENGOZZI, C. MORVIDUCCI, Istituzioni di diritto dell’Unione europea, CEDAM-Wolters Kluwer, Milano, 2018;
- G. STROZZI (a cura di), Diritto dell’Unione europea. Parte speciale, quinta edizione, G. Giappichelli Editore, Torino, 2017, only on the following pages 1-97, 241-299, 328-364, 381-448, 545-598;
- notes and materials of the lessons to be added to the study of the reference book.

Non-attending students can prepare the exam on:
- P. MENGOZZI, C. MORVIDUCCI, Istituzioni di diritto dell’Unione europea, CEDAM-Wolters Kluwer, Milano, 2018;
- G. STROZZI (a cura di), Diritto dell’Unione europea. Parte speciale, quinta edizione, G. Giappichelli Editore, Torino, 2017, only on the following pages 1-97, 175-299, 328-490, 545-598.

Both attending and not attending students are required to support the study of the reference textbooks with an updated edition of the Treaty of the European Union and the Treaty on the Functioning of the European Union.

Erasmus students may choose to take the exam:
- orally in Italian, studying on the same textbooks and according to the same course syllabus as Italian students (P. MENGOZZI, C. MORVIDUCCI, Istituzioni di diritto dell’Unione europea, CEDAM-Wolters Kluwer, Milano, 2018; G. STROZZI (a cura di), Diritto dell’Unione europea. Parte speciale, quinta edizione, G. Giappichelli Editore, Torino, 2017, only on the following pages 1-97, 241-299, 328-364, 381-448, 545-598);
- orally in English, studying on the following textbook: R. SCHÜTZE, European Constitutional Law, Cambridge University Press, Cambridge, second edition, 2016.

Examination Methods

It will be held an oral test aimed at ascertaining, besides the knowledge of the topics of the course, that the student has developed sufficient analytical capacity. In particular, the oral examination is aimed at assessing:

- the level of the preparation of the student;
- the use of the appropriate legal jargon;
- the ability of connecting the different topics of the programme;
- the analytical skills.

Attending students will be also entitled to take an oral pre-examination right after the completion of the course.

Teaching materials e documents

•   programma e testi consigliati (ita/ingl)   (msword, it, 58 KB, 9/12/18)