Scientific Disciplinary Sector (SSD)
IUS/14 - EUROPEAN UNION LAW
secondo semestre (lauree) dal Feb 21, 2022 al Jun 1, 2022.
The course is intended to provide students with the basic legal tools and methodologies necessary to understand the functioning of trade relationships in a globalized economy, with specific regard to the economic relations between private parties. After an introductory part aimed at giving the general framework of how international trade is governed within the relevant international organizations (mainly the WTO and the EU), the course will analyse the fundamental private international law tools applicable to international contracts focusing in particular on EU regulations.
The course will analyse international commercial relations in the current globalised context, devoting particular attention to the private perspective of the relations between economic operators. The course structure will be as follows.
- Preliminary notions: the actors and legal sources of international law; the European Union as international organisation, the EU institutions and the competence system, the sources of EU law, the competences of the Court of Justice of the EU.
- General framework of international regulation of trade: the origin of the multilateral international trade system (GATT 1947), the WTO (World Trade Organisation), the fundamental principles of the WTO system and the agreements currently in force.
- General framework of EU regulation of trade: the EU as actor in the context of international trade and the relations with the WTO system, the common commercial policy and the negotiation of commercial agreements (bilateral and multilateral).
- The EU internal market: the origin of the common market, the start and completion of the internal market, the fundamental economic freedoms (particularly, the free movement of goods, the free movement of workers, the freedom of establishment and the freedom to provide services, basic notions of the freedom of movement of capital and payments), the recent developments and the creation of the Digital Single Market.
- EU competition law: general overview of this sectoral policy and main fields of action, study of the rules applying to undertakings (agreements between undertakings and abuse of dominant position) and basic notions of the State aid rules, the public enforcement of competition rules at the EU and national (Italian) level, basic notions of the private enforcement of competition rules.
- The private international law rules applying to international contracts: the legal sources of uniform substantive law (United Nations Convention on Contracts for the International Sale of Goods and basic notions of the UNIDROIT principles); the system of judicial cooperation in the EU, the legal instruments of EU private international law applicable to civil and commercial matters (Brussels Ia
Regulation on jurisdiction and the recognition and enforcement of judgments, and Rome I Regulation on the law applicable to contractual obligations).
The course will be delivered in Italian.
Classes will combine lectures devoted to the study of the basic notions and legal sources regarding international and EU law relevant for international commercial relations, and practical seminars that will 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 cases) and further readings on specific topics will be made available on the University e-learning platform.
Attending students can prepare the exam on the notes taken and the teaching materials discussed during classes (provided on the University e-learning platform).
Non-attending students shall prepare the exam on the following textbooks (also indicated in the “Reference texts” section):
- L. Daniele, Diritto del mercato unico europeo e dello spazio di libertà, sicurezza e giustizia, Giuffrè Francis Lefebvre, 2019 (excluding pp. 101-168, 395-460, 481-532);
- F. Marrella, Manuale di diritto del commercio internazionale, CEDAM-Wolters Kluwer, 2020 (only pp. 176-235).
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
For attending students, the exam can be taken according to two alternative methods
1) two written tests, each of them consisting of three open questions: a mid-term test to be scheduled in the days devoted to mid-term exams according to the teaching plan, and a second test at the end of the course. Each written test will account for 50% of the final mark, which shall be expressed in thirtieths. In order to pass the exam, it is required to obtain a mark of at least 18/30 in relation to each of the questions of the two tests;
2) a written test, consisting of six open questions, at the end of the course, which will account for the entirety of the final mark expressed in thirtieths. In order to pass the exam, it is required to obtain a mark of at least 18/30 in relation to each of the questions of the test.
Those students who will obtain a mark of at least 27/30 in the written test (either resulting from the average of the marks of the two tests or from the mark of the single test) can choose to take an additional exam consisting of an oral interview in order to improve the final evaluation.
For non-attending students, the exam will consist in an oral interview, which will account for the entirety of the final mark expressed in thirtieths.
Erasmus students can choose to take the exam
- in Italian, according to the same course syllabus and examination methods provided for Italian students (either attending or non-attending students);
- in English, according to a course syllabus and examination methods to be agreed with the instructors.