Origins and development of the European integration process. The legal nature of the EU. The institutional framework and the lawmaking procedures. The system of competences. The EU sources and their relationship with national law. The EU citizenship. Principles of the EU asylum and migration policy.
Students regularly attending the lessons can prepare the exam on their class notes, supplemented by the materials that will be uploaded on Moodle and the handbook G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2020 (excluding the last Chapter); alternative to this book, students can use the handbook A. Adinolfi, C. Morviducci, Elementi di diritto dell'Unione Europea, Giappichelli, 2020 (excluding Chapters 5, 7, 12, 13, 14, 15).
For non-attending students:
1. G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2020 (excluding the last Chapter) OR A. Adinolfi, C. Morviducci, Elementi di diritto dell'Unione Europea, Giappichelli, 2020 (excluding Chapters 5, 12, 13, 14, 15)
2. G. Strozzi (a cura di), Diritto dell'Unione europea-parte speciale, Giappichelli, 2021, only Chapter II.
Learning Objectives
The course aims to provide students with a complete knowledge of the European Union's legal order. Students will be able to analyze a judgment by the Court of Justice and to refer it to the theoretical notions learned during the course.
Prerequisites
The exam requires the basic knowledge acquired by passing the examination "Diritto Costituzionale I.
Teaching Methods
Frontal lectures with the support of slides; as much as possible the illustration of notions will be integrated with the direct examination in class of relevant case-law. All the materials used in class are distributed through the e-learning platform Moodle. Seminars on selected topics may be held by invited speakers.
Further information
Students willing to attend the course are invited to enroll in the list available on-line throught Moodle within the first week of the course.
Type of Assessment
Exams are held in written form for both attending and non-attending students. The written test consists of open questions aiming to assess not only the descriptive knowledge, but also critical analysis knowledge of the relevant case law.
The exam for attending students is focused on issues and topics debated during the lectures.
Students who have attended the course assiduously, may pass an optional test at the end of the course.
Course program
Origins and development of the European process integration: the founding and the amending Treaties. Values and objectives of the EU. The enlargement and the withdrawal procedures (short references to Brexit)
The institutional framework: the European Council (composition, functions, presidency, and deliberation procedure); Council (composition, functions, presidency, majorities, and preparatory bodies); Commission (composition, functions, and appointment); European Parliament (composition, functions, parliamentary election, internal organisation); judicial institutions (composition, organization, and functions); ECB and Court of auditors (composition and short references to the functions)
The EU competences: the principle of conferral, types of competences; distinction between objectives, competences and powers; the flexibility clause and the doctrine of implied powers; the principles of subsidiarity and proportionality (notions and control).
The differentiated integration and the enhanced cooperation.
The EU Law sources: the hierarchy of sources; the Treaties (characteristics, direct effect); the protection of fundamental rights in the EU legal order (the pre-Lisbon system and the EU Charter of fundamental rights: scope of application; direct effect and interplay with the ECHR); the general principles of law (explicit references, hierarchical position); regulations (addresses, direct applicability); directives (nature of the obligation, addresses, direct effect); decisions (types, nature of the obligation, and direct effect); not binding acts (recommendations and opinions); short references to delegated and executive acts.
The legislative procedures: the ordinary legislative procedure; the special procedures and the budgetary procedure.
The relationship between EU law and national law: the approach of the Court of Justice and of the Italian Constitutional Court. The implementation of EU legislation in the Italian legal system
Citizenship of the European Union: notion and status of EU citizen. Short references to the EU asylum and migration policy.