Course 2022-2023 a.y.

Classes: 19 (I sem.) - 20 (I sem.)

Instructors:
Class 19: FULVIA RISTUCCIA, Class 20: ELEANOR SPAVENTA

The aim of the course is to provide a comprehensive overview of the European Union legal order and the role of law in the European integration process. The first part of the course focuses on the EU institutional architecture, the legislative and decision-making process in the EU, and the constitutional principles of the EU, including direct effect, supremacy, fundamental rights, remedies for enforcing EU law and judicial review. In the second part of the course, students acquire a deeper understanding of the substantive law of the European Union, focussing in particular on Union citizenship and the internal market (the four freedoms). All topics in the course are dealt with particular attention to current developments in EU law and the development of the case law of the Court of Justice of the European Union. Overall, the course aims to introduce students to the complexities of European integration through in-depth analysis of the case law of the Court of Justice.

The course will examine:

- The historical development of the EU, including Brexit

- The Institutional structure of the EU

- The decision making process of the EU

- The effect of EU law in the national legal systems

- The remedies available for State breaches of EU law

- The effect of EU law on national procedural rules

- The Charter of Fundamental Rights of the EU

- Union Citizenship

- Free Movement of Goods

- Free Movement of Workers

- Freedom of Establishmnet 

- Free Movement of Serivices 

At the end of the course student will be able to...

- Understand the institutional framework of the EU

- Understand the constitutional and legal framework of the EU and the way it interacts with national legal systems

- Understand the main areas of substantive law of the EU (Union citizenship, free movement)

- Understand the way the Charter of Fundamental Rights of the EU applies in the European legal system

At the end of the course student will be able to...

- Be able to navigate the case law of the European Court of Justice, identify relevant cases and apply them to relevant facts

- Be able to solve a problem question using case law and relevant legal sources

- Be able to show in-depth analytical and critical understanding of the EU legal system

• Face-to-face lectures
• Guest speaker's talks (in class or in distance)
• Group assignments

The lectures will be complemented by a major international conference to be held on 17 and 18 November. The conference will bring together leading experts in European Union Law law to discuss the main cirises and challenges faced by the EU.

 

The teaching will be also complemented by class exercises and discussions. 

	Continuous assessment	Partial exams	General exam
Written individual exam (traditional/online)			x

Written exam 100% of mark. The exam aims at assessing the ability to solve a basic problem question using case law and relevant legal sources as well as to verify the understanding of the EU legal system

 

Repeating students belonging to the course 50164 - "The Law of the EU" (taught in English) must refer to this program (cod. 50222, a.y. 2022/23, taught in English).

 

Repeating students belonging to courses 50192, 50043 and 6260 - "Diritto dell'Unione Europea" (in Italian) must refer to this program in English. However, they can choose whether to take the exam in Italian or in English. The decision can be made when you register for the exam

P. Craig and G. De Burca, EU Law, OUP, 7th edition, 2020.

 

Case law of the Court of Justice of the EU, available on www.curia.europa.eu

Use of web resources 

Slides available on blackboard

Articles published in specialist journals