EUROPEAN UNION LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- CRISTIANA FIORAVANTI
- Credits
- 9
- Didactic period
- Primo Semestre
- SSD
- IUS/14
Training objectives
- The course aims to provide to the students the knowledge of the European Union Law accomplished mainly throughout the study of the EU’s legal framework, of its founding Treaties, and of the judicial dicta of the European Court of Justice. Great attention will be also reserved to the specific mechanism of implementation of the National law to the European Union law. In order to develop the required skills, and a method of critical studying in the understanding and application of European law, the student must use the EU legislation and its case law. During the course, exercises will be carried out to improve the critical analysis of specific EU subject areas where the incidence of European law is particularly rich in suggestions and critical insights (i.e. competence, lawmaking and judicial argumentation).
The course will be then completed with the analysis of the European judicial system. Moreover, during the lessons, the relevant profiles of the implementation of the Italian law to the EU law will be also studied.
The course also organizes, in Ferrara and Rovigo, a competitive seminar (EU Law Moot Court Competition) that allows students to simulate a trial before the European Union judges, assuming the role of the parties to the dispute and writing the related procedural acts. The seminar deals with truly pending cases at the Court of Justice, selected on the basis of the relevance of the issues and questions that emerge, through which students can understand the complexity of the EU legal and institutional framework . Methods, contents and timing of the seminar are communicated in the initial period of the Course. For further informations about the Moot Court Competition and for the former editions of the Moot, please refer to: http://math.unife.it/giurisprudenza/giurisprudenza/studiare/moot_court_competition Prerequisites
- Constitutional law and Private law.
The students must possess a good knowledge of the Italian constitutional law. More in particular, the students must be familiar with the mechanisms of implemetation of the Italian law to the supranational law, the fundamental principles of the Italian legal system and the main sources of the Italian law. Course programme
- The duration of the course will be of 60 hours (lessons and excersises included). The first institutional part of the couse will last 48 hours; the second special section of the course will last 10 hours. The last 2 hours of the course will be dedicated to enhance the searching methods on the EU jurisprudential and normative sources databases.
(The institutional part of the Course)
I. The origins and the development of the EU’s integration process.
II. The existing laws and regulations in the EU: more specifically the structure of the EU treaties.
III. The legal system of the European Union.
1. Withdrawal and accession and protection of EU fundamental values:
2. EU competence system.
3. Institutional framework.
4. EU legal sources.
5. Decision making process in the EU.
6. European Union's external action: its main procedures and its intervening sectors.
IV. Relationships between the National and European legal orders in the case-law of the ECJ and of the Italian Constitutional Court.
V. Italian participation to the European integration process: implementation mechanisms and procedures.
VI. Basic notions of EU Internal Market. Didactic methods
- As part of the lessons we will be discussing the different contents of the course (see above), especially in light of the most recent EU case-law, with a great focus on the most problematic aspects of the EU current matters. Each specific content of the course will therefore match the discussion of specific EU cases that the students will be called to resolve in specific oral discussions.
For students who are unable to attend and find it difficult to study the subject, the Professor is also available via Skype or Google Meet. Please send email, to fvc@unife.it). In addition, also for the current academic year, the Professor has established an exam preparation assistance course dedicated to the reasoned review of the subject. For this purpose, the lecturer organizes 4 hours of review
Teaching material will be available on Google Classroom (code: si3dhvy) Learning assessment procedures
- The exam consists of an oral test. The aim of the exam is to verify at which level the learning objectives of the course have been acquired by the student. In particular, students have to answer three questions on the topics regarding the course programme. The final grade will be thus calculated from the average of the individual marks obtained by the student in the different given answers.
Reference texts
- R. ADAM, A. TIZZANO, Lineamenti di diritto dell'Unione europea, V. ed., 2022, Torino, Giappichelli.
No part of the handbook is excluded.
During the course the student must also consult the EU Treaties (the TEU and the TFEU) in their most recent and updated versions. B. NASCIMBENE, Unione europea. Trattati, VI. ed.,2021, Torino, Giappichelli.
