Eu Law
A.Y. 2020/2021
Learning objectives
Learning objectives
The aim of the course is to provide a comprehensive and enduring overview of the European Union as a legal phenomenon. This means to learn how to understand and describe the relationships between the EU and Member States, private individuals, and the rest of the world, with the categories and the language of the law in general (right/obligation), and of EU law in particular (attribution, direct effect, primacy). The legal approach of the course is different but complementary to those typical of other sciences, such as politics, history, economy, taught in other courses of the same degree course.
The aim of the course is to provide a comprehensive and enduring overview of the European Union as a legal phenomenon. This means to learn how to understand and describe the relationships between the EU and Member States, private individuals, and the rest of the world, with the categories and the language of the law in general (right/obligation), and of EU law in particular (attribution, direct effect, primacy). The legal approach of the course is different but complementary to those typical of other sciences, such as politics, history, economy, taught in other courses of the same degree course.
Expected learning outcomes
Students are expected to acquire an understanding of the European Union as a legal phenomenon and the proper technical language necessary to describe it. They will become familiar with the EU institutional framework, decision-making process, sources and their effects, and remedies, and will become capable to apply the knowledge acquired by critically assessing real-life cases, in order to understand whether the EU can act in a given scenario, which kind of decisions it can adopt, when EU legislation applies, which right/obligation it establishes and for whom, which remedies are available in case of a breach of EU law. Case studies, presentations, simulation games will be available for attending students, as part of a dynamic process of learning, involving interactive feedback between the learner and educator.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
Teaching methods: if the academic authorities decide that it is not possible to provide face-to-face teaching, the lessons will be held on the Microsoft Teams platform, in synchronous mode, at the time assigned to teaching. The materials useful for following the lessons will be uploaded on the Ariel website of the course. The Course Team Access Code is posted on the Ariel Course Site.
Programme and reference material: The programme and reference material will not change.
Learning assessment procedures and assessment criteria: The exam is oral. If the academic authorities allow it, it will take place face-to-face, otherwise online, through the MS Teams platform. The evaluation criteria will be the same, whatever the modality - face-to-face or through the MS Teams platform - of the exam.
Programme and reference material: The programme and reference material will not change.
Learning assessment procedures and assessment criteria: The exam is oral. If the academic authorities allow it, it will take place face-to-face, otherwise online, through the MS Teams platform. The evaluation criteria will be the same, whatever the modality - face-to-face or through the MS Teams platform - of the exam.
Course syllabus
The following issues will be examined:
- the development of European integration
- the institutions of the European Union and their relationship
- the competences of the European Union, the legal basis of EU acts, the law-making power of the EU institutions
- The sources of EU law and their effects in national legal orders, with particular regards to the functioning of the internal market, environmental policy, migration, commercial policy
- the remedies available in case of violation of EU law
- the development of European integration
- the institutions of the European Union and their relationship
- the competences of the European Union, the legal basis of EU acts, the law-making power of the EU institutions
- The sources of EU law and their effects in national legal orders, with particular regards to the functioning of the internal market, environmental policy, migration, commercial policy
- the remedies available in case of violation of EU law
Prerequisites for admission
Public law
The course is addressed to students who are already familiar with the fundamental concepts of law, in particular of International Law. Having taken the exam of International Law is highly recommended.
The course is addressed to students who are already familiar with the fundamental concepts of law, in particular of International Law. Having taken the exam of International Law is highly recommended.
Teaching methods
Frontal lessons and workgroups, case-studies, simulation games.
Teaching Resources
The text of the Treaty on the European Union and of the Treaty on the Functioning of the Union are available on the course's site on the Ariel platform.
For attending students: Jacques Ziller, Advanced Introduction to European Union Law, Edgard Elgar Publishing, 2020, and Dennis Patterson and Anna Södersten, A Companion to European Union Law and International Law, Wiley, 2016, chapters 1, 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, 25, 34. Both books are available as ebook in the UNIMI digital library.
For non attending students: Koen Lenaerts and Piet Van Nuffel, European Union Law, Sweet & Maxwell, third ed., 2011, chapters 1, 2, 3, 4, 5, 6, 7, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 24, 25, 26.
For attending students: Jacques Ziller, Advanced Introduction to European Union Law, Edgard Elgar Publishing, 2020, and Dennis Patterson and Anna Södersten, A Companion to European Union Law and International Law, Wiley, 2016, chapters 1, 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, 25, 34. Both books are available as ebook in the UNIMI digital library.
For non attending students: Koen Lenaerts and Piet Van Nuffel, European Union Law, Sweet & Maxwell, third ed., 2011, chapters 1, 2, 3, 4, 5, 6, 7, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 24, 25, 26.
Assessment methods and Criteria
The exam is oral and consists of an interview in order to ascertain whether the student has learnt the fundamental concepts of European Union law and if they are able to explain them with appropriate vocabulary and an adequate critical eye. For attending students, the diligence put in handing in the assignments given to them during the course is taken into account in the final evaluation.
Professor(s)
Reception:
Tuesday and Wednesday , from 14.30 to 16, in presence or on Microsoft Teams. During August, student hours are suspended
Department of International, Legal, Historical and Political Studies, Room No. 22, third floor on via Conservatorio 7