The course requires a sound background in EU Law (the structure, objectives and fundamental values of EU, the institutional framework, the sources of EU law, the impact on national legal orders) and aims at offering an in-depth knowledge of the principles of the EU legal order, with particular regard to the functioning of the internal market (especially the movement of services, the freedom of establishment and the EU competiton law) and of the rights of EU citizens, especially in relation to the impact on the national rules and on the current economic (and legal) context of EU.
Expected learning outcomes
At the end of the course student will be able to: understand the institutional framework of the EU, demonstrate a deep knowledge of the legal terminology related to EU law, understand the constitutional and legal framework of the EU and the way it interacts with national legal systems, be familiar with the main areas of substantive law of the EU (free movement, competition law and state aid), solve a basic problem question using case law and relevant EU legal sources.
1. Institutional aspects of EU Law: the "consitutionals" principles of EU Law (EU competences: existence and exercise); primacy, direct effect, effective judicial protection, and State liability; the EU institutional framework; the Court of Justice of the European Union and the dialogue with national courts; legal acts, hierarchy of norms in EU Law and harmonization. 2. The EU internal market. The non discrimination principle. The free movement of goods. The freedom of establishment and to provide services (artt. 49-62 TFEU). The basic principles of competition EU law: the prohibition of cartels (art. 101 TFEU) and of the abuse of a dominant position (art. 102 TFEU). The services of general interest and special rights (art. 106 TFEU). The EU State aid Law (artt. 107-109 TFEU).
Prerequisites for admission
The course of "Diritto Privato" (IUS/01) is a prerequisite. It's recommended the course of "Diritto commerciale" (IUS/04).
The course will be interactive: are expected face-to-face lectures. In particular with regard to second part of the course, theoretical issues will be confronted with practical cases in order to allow the students verify how EU Law is actually implemented to understand the impact of the EU Law on the national rules and on the current economic (and legal) context of European Union.
Institutional aspects of EU Law
L. Daniele, Diritto dell'Unione europea, Giuffré Editore, 2018
Parte I, paragrafi 1-7; Parte III, paragrafi 1-6, 8-10 e paragrafo 12; Parte IV; Parte V, paragrafi 1-3, 6-11; Parte VI, paragrafi 1-4.
The EU internal market and the EU competition Law.
L. Daniele, Diritto del mercato unico europeo, Giuffré Editore, 2019
Capitoli Primo, Secondo, Quarto, Sesto, Settimo.
Assessment methods and Criteria
The final exam will be a 1,5 hour written exam (for attending and not attending students). The questions (3) posed by the examining commission will regard also the relevant case law of Court of Justice. The criteria for assessing the exam include the correctness of the contents, the clarity of the argumentations put forward, the ability to provide a critical analysis and to work with principles and notions.