International law and european union law

A.Y. 2019/2020
12
Max ECTS
84
Overall hours
SSD
IUS/13 IUS/14
Language
Italian
Learning objectives
The course aims at providing students with an in-depth knowledge of the main institutional issues of the international and EU legal orders, and a method of analysis apt to face these issues.
Expected learning outcomes
- Knowledge and understanding of the topics forming part of the programme. Students must demonstrate the acquisition of an adequate knowledge and understanding of international law and the process of European integration, and of the rules and principles governing the relationship between international and European law and domestic law.
- Re-elaboration capacity of principles and rules. Students must demonstrate their ability to apply the legal notions to specific cases through the study of official documents of the main international organisations and the EU and, of the international, EU and domestic case law.
- Judgment autonomy. Students must demonstrate their ability to take positions that are grounded on proper legal arguments with respect to the topics of the course.
- Control of terminology. Students must demonstrate that they can express their notions of international and EU law with a proper language and argumentative consistency.
- Learning capacity. Students must demonstrate the acquisition of the basic tools for acquiring and updating their knowledge of international and EU law, by referring to the proper normative and case-law framework.
Course syllabus and organization

Single session

Responsible
Lesson period
year
Prerequisites for admission
Constitutional law, Institutions of private law
Assessment methods and Criteria
For each of the two parts, the exam takes place orally.
The oral exam takes approximately 20 minutes for each of the two parts. Such exam is aimed at verifying the students' knowledge of notions, their capacity of addressing and solving legal issues through the re-elaboration of the knowledge acquired and, for attending students, the comprehension and capacity of analysis of the cases examined during classes.
The final mark is formed by the average of the marks obtained for each of the two parts.
Students may take the exam for the two parts on the same date or on different dates, based on their preference.
INTERNATIONAL LAW
Course syllabus
A) Features and structure of the international community and its legal order
B) Subjects
- International subjectivity of States
- International organisations
- The United Nations Organisation
- The international legal personality of individuals
C) Prohibition of the use of force and the collective security system of the United Nations

D) Sources of international law
a) General international law. Custom. Codification of general international law. General principles.
b) Particular international law: treaties. The 1969 Vienna Convention. Formation of treaties. Reservations. Treaty interpretation. Invalidity, suspension and termination of treaties. Succession of States in respect of treaties.
E) Jurisdiction and immunities
- Immunities of States
- Immunities of State organs: functional and personal immunity
- Immunities and international crimes
F) Implementation of international law in the domestic legal orders.
- Ordinary and special implementation processes
- Implementation of general international law
- Implementation of treaty law
G) Responsibility for international wrongful acts
- subjective and objective elements
- consequences of international responsibility: cessation of the wrongful act and reparation
- countermeasures
H) International disputes and means of settlement
- notion of international disputes
- diplomatic and non-diplomatic means of settlement
- international arbitration and international judicial proceedings
- International Court of Justice
Teaching methods
The course is composed of institutional classes. However, students will be invited to make short presentations on selected cases. Further details will be provided during classes and on the ARIEL website.
Teaching Resources
Carbone - Luzzatto - Santa Maria (et al.), Istituzioni di diritto internazionale, 5a ed., Torino, Giappichelli, 2016, only the following pages: 1-431.

For the normative instruments, the consultation of one of the following is recommended:
- Luzzatto - Pocar, Codice di diritto internazionale pubblico, 7a ed., Torino, Giappichelli, 2016; or
- the materials published on the Ariel website in the section Contenuti / Materiali didattici.
EUROPEAN UNION LAW
Course syllabus
A) The origins of the European Union and the integration process
- Origin, stages and methods of the integration process, enlargement
- Revision, accession, withdrawal
- Differentiated integration
- Enhanced cooperation
- Protection of fundamental rights in the EU
- The founding values of the EU and their respect

B) Competences
- Principle of attribution
- Classification of competences
- Enabling clause (Article 352)
- The principles of subsidiarity and proportionality
- The principle of loyal cooperation

C) Institutions
- Institutions, bodies, offices and agencies
- European Parliament
- European Council
- Council of the European Union
- European Commission

D) Interinstitutional procedures
- Legislative procedures (ordinary and special)
- Non-legislative procedures (consultation and approval)
- Delegated acts, implementing acts
- Conclusion of international agreements and EU competence: international agreements concluded by the EU, concluded between MS, concluded between MS and third States, implicit powers
- Mixed agreements, association agreements
- Article 218 TFEU

E) Sources
- Primary law
- Treaties, characteristics, direct effect
- General principles of EU law
- EU international agreements
- International customary law
- Secondary legislation (legislative acts, non-legislative acts, obligation to state reasons, legal basis)
- Regulations
- Directives
- Direct applicability/direct effect
- Opinions, recommendations, atypical acts
- Conforming interpretation

F) Relationship between EU and national legislation, in particular Italian legislation
- Primacy and limits ( "controlimiti" doctrine)
- Law n. 234/2012, European law, European delegation law, role of the regions in the implementation of EU law

G) Judicial system
- EU Court of Justice (Court of Justice, Specialised courts and tribunals, relationship between judicial formations and allocation of jurisdiction)
- Reference for a preliminary ruling
- Infringement procedure
- Action for annulment
- Inapplicability of act exception
- Action for failure to fulfill obligations
- Actions seeking compensation for damage caused by the institutions or the bodies, offices or agencies of the European Union or their staff
Teaching methods
The course is composed of institutional classes. However, students will be invited to make short presentations on selected cases. Further details will be provided during classes and on the ARIEL website.
Teaching Resources
U. Villani, Istituzioni di Diritto dell'Unione europea, 4th edition, Bari, Cacucci, 2017 or last edition available;
alternatively,
L. Daniele, European Union Law, 6th edition, Milan, Giuffrè, 2018 or last edition available.

In addition to that, whatever the text chosen, B. Nascimbene, European Union - Treaties, 3rd edition, Turin, Giappichelli, 2016.

For any reference to Community and national jurisprudence, please refer to B. Nascimbene, M. Condinanzi (ed.), Jurisprudence of Community Law. Selected cases, Milan, 2019, www.eurojus.it.
EUROPEAN UNION LAW
IUS/14 - EUROPEAN UNION LAW - University credits: 6
Lessons: 42 hours
Professor: Sanna Cecilia
INTERNATIONAL LAW
IUS/13 - INTERNATIONAL LAW - University credits: 6
Lessons: 42 hours
Professor(s)
Reception:
Tuesday, 12,00
Sezione di Diritto internazionale e dell'Unione europea (formerly Istituto di diritto internazionale), ground floor