Teaching code

4S008462

Teacher

Caterina Fratea

Coordinator

Caterina Fratea

Credits

6

Also offered in courses:

• European Union Law (advanced) of the course Combined Bachelor's + Master's degree in Law

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/14 - EUROPEAN UNION LAW

Period

2nd lecture period (2A) dal Feb 13, 2023 al Mar 25, 2023.

Lessons timetable Moodle Seminars 0

Learning objectives

The course is aimed at providing students with the legal tools and methodologies necessary to understand the process that led to the realisation of the EU single market and the system of free movement of persons. By means of the study of the EU legal sources and the case law of the Court of Justice, as well as a practice-oriented approach, the course is intended to make students acquire the specialised knowledge of the some of the main fields of intervention of the European Union, especially with regard to people’s rights, thus representing the natural continuation of the European Union Law course.

Prerequisites and basic notions

EU legal sources and competences.

Program

The course will analyse the areas of intervention of the European Union concerning the freedom of movement of persons and their family members. The course structure will be as follows.
From the internal market to the Area of Freedom, Security and Justice:
- general framework on the internal market and the freedoms of movement;
- from the free movement of workers to the free movement of persons;
- the creation of the Area of Freedom, Security and Justice (AFSJ) and its fields of action.
The legal framework on the freedom of movement of persons and their family members:
- free movement and residence as rights of Union citizens;
- Directive 2004/38: the rules on entry and residence of Union citizens and their family members, limits on entry and residence;
- the regime applicable to third-country nationals: conditions on entry and residence, Directive 2003/86 on the right to family reunification, Directive 2003/109 on the status of long-term resident.
The continuity of personal and family status as precondition for the exercise of free movement:
- the limits on the competence of the European Union;
- the case law of the Court of Justice of the EU concerning the circulation of personal and family status.
The free movement of persons and their family members from the perspective of EU private international law:
- international families and the intervention of the European Union in the field of family law having cross-border implications;
- analysis of the instruments of civil judicial cooperation governing the following subject matters: dissolution of marriage (Regulations No 2201/2003 and No 1259/2010), parental responsibility and international child abduction (Regulation No 2201/2003, Hague Convention of 1996, Hague Convention of 1980), maintenance obligations (Regulation No 4/2009).

Bibliography

Didactic methods

The course will be delivered in Italian.
Classes will be organised according to a practice-oriented approach, combining lectures devoted to the study of the basic notions and legal sources regarding the freedom of movement of persons and their family members, with practical seminars that consist in group discussions of case studies and resolution of actual cases inspired by the practice.
The teaching materials used during classes (slides, legal sources, selected case law) and further readings on specific topics will be made available on the University e-learning platform.
For attending students, upon compatibility with the number of interested participants and the available resources, it can be provided the possibility of a visit to the Court of Justice of the European Union in order to attend to an hearing.
Students who find themselves in particular situations of fragility due to conditions of disability or learning disorders or who find themselves in situations of limited travel due to COVID may agree with the teacher on the use of any supporting materials and/or tools.

Learning assessment procedures

The oral exam covers the whole course’s program.

For attending students, the exam can be prepared on the notes taken and the teaching materials discussed during classes (provided on the University e-learning platform). The optional presentation of a paper during the classes, to be prepared on topics previously agreed upon, will form part of the final evaluation.

Non-attending students shall prepare the exam on the textbooks indicated in the “Bibliography (Leganto)” section.

Erasmus students can choose to take the oral exam
- in Italian, according to the same course syllabus and examination methods provided for Italian students;
- in English, according to a course syllabus and examination methods to be agreed with the professor.

Evaluation criteria

The exam is aimed at assessing:
- the acquired knowledge and the ability of linking different topics together;
- the legal reasoning regarding the specific law field on which the course focuses;
- language and legal terminology skills;
- analytical and arguing abilities.

Criteria for the composition of the final grade

The final mark will be expressed in thirtieths and will refer to the oral test as a whole.

Exam language

Italiano (italiano o inglese per gli studenti Erasmus).