Eu procedural law

A.Y. 2019/2020
6
Max ECTS
42
Overall hours
SSD
IUS/14
Language
Italian
Learning objectives
The teaching is aimed at providing students with the fundamental notions about litigation at the Court of Justice of the European Union, so as to let them to acquire a specialization useful for their professional future.
- Ability to re-elaborate legal principles and rules. The student must learn to ap-ply the concepts of law learned to concrete cases, through the study of the jurispru-dence of the Court of Justice of the European Union.
- Autonomy of judgment. The student must learn to take legal and sustainable positions with reference to the topics covered in the course.
- Mastery of legal terminology. The student must be able to express the acquired knowledge with argumentative consistency and language properties.
- Learning ability. Students progressively acquire the basic tools for updating their knowledge in the field covered by the course, applying, also with regard to the national context, the reference legislative and jurisprudential framework.
Expected learning outcomes
At the end of the course, the student must demonstrate to have acquired a thorough knowledge of the topics covered by the program, that is, in particular of the main institutes of the process that takes place before the European Union judge, proving to have familiarized with the trial categories of a "non-national" process, yet strongly connected with the daily needs of protection of the Union citizen, whose rights are no longer only of a state matrix, but are increasingly affected by a "community" derivation to which is associated with a peculiar form of jurisdictional protection.
Course syllabus and organization

Cattedra Jean Monnet - Qui a peur de l¿Europe?

Responsible
Lesson period
First semester
Course syllabus
The attendance at this course requires knowledge - gained through the study of European Union law - of the overall framework of judicial remedies before EU Courts.
In that context, attention will first be devoted to the study of the main means of judicial protection available to the "non-privileged" applicant: the appeal for annulment and the reference for a preliminary ruling.
Secondly, the issues related to the structure and composition of the various bodies that make up the judicial system of the European Union, as well as to their concrete functioning, will be addressed, with the participation of external speakers capable of making the "point of view" of the various actors that ani-mate the trial before the Judge of the European Union.
The "procedure" will then be illustrated also through the description of the ac-tors and their modus operandi in the different procedural contexts.
The final aspiration is to illustrate an important procedural praxis, but still relatively unknown because it is not widespread through the ordinary instru-ments of access to the "eu" jurisprudence and, therefore, so far, only known by a few "specialists" of the sector, contrary to the substantive or material rules of the European Union system, now familiar to a large number of legal operators.
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The participation at a hearing before the Court of Justice or the General Court in Luxembourg will be organised at the end of the course, forming an integral part of it. The documents on the case-file will be previously distributed and dis-cussed.
Prerequisites for admission
The course is intended for students who successfully passed the European Union Law exam and, preferably, the Civil Procedure exam.
Teaching methods
The course includes a first part of lectures which will be accompanied by semi-nars, where an active participation of the students is required. Attendance is therefore strongly recommended, due to the structure of the teaching.
Teaching Resources
A reference text is not suggested, while it is recommended the direct access to the sources that regulate the process as well as to the case law of the Court of Justice of the European Union whose dissemination will be ensured to the stu-dents. A useful source of references for the case law is the Commento articolo per articolo indicated below, while the readings of essays, collected in the volume that is also recommended, will be a source of reflection and discussion.
C. AMALFITANO - M. CONDINANZI - P. IANNUCCELLI (a cura di), Le regole del processo dinanzi al giudice dell'Unione europea. Commento articolo per articolo, Napoli, Editoriale Scientifica, 2017.
C. AMALFITANO - M. CONDINANZI (a cura di), La Corte di giustizia dell'Unione europea oltre i trattati: la riforma organizzativa e processuale del triennio 2012-2015, Milano, 2018.

Further reading material will be indicated during the classes.
Assessment methods and Criteria
The exam will only consist of an oral test: there are no written tests.
The vote will be expressed in thirtieths, with possible awarding of honors.
IUS/14 - EUROPEAN UNION LAW - University credits: 6
Lessons: 42 hours
Professor: Condinanzi Massimo