Eu Procedural Law
A.Y. 2023/2024
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.
- 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.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
The attendance to the course requires the knowledge, acquired through the study of European Union law, of the legal order of the EU and the overall framework of the judicial protection before the CJEU.
In that context, attention will be paid, at first, to the in-depth study of the main features of judicial protection available to the "non-privileged applicants", i.e., the action for annulment and the reference for a preliminary ruling.
Secondly, the course will address the key issues related to the structure and composition of the various bodies that make up the judicial system of the European Union, as well as their practical functioning; this will also be made through the contribution of external speakers who will be able to bring the "point of view" of the various roles that animate the process before the CJEU.
Then, the procedure will be illustrated through the description of the main players and their modus operandi in the different procedural contexts.
The final aim of the course is to describe a procedural practice that is important, yet still relatively little known, due to its limited outreach through the ordinary means of access to the EU case law and, thus, so far known only by a few "specialists" in the field, contrary to the substantive or material rules of the EU legal order, which are now familiar to a wide audience of legal practitioners.
The course also involves the attendance to a hearing of the Court of Justice, or the General Court, of the EU in Luxembourg, with prior circulation and discussion of the relevant case documents.
In that context, attention will be paid, at first, to the in-depth study of the main features of judicial protection available to the "non-privileged applicants", i.e., the action for annulment and the reference for a preliminary ruling.
Secondly, the course will address the key issues related to the structure and composition of the various bodies that make up the judicial system of the European Union, as well as their practical functioning; this will also be made through the contribution of external speakers who will be able to bring the "point of view" of the various roles that animate the process before the CJEU.
Then, the procedure will be illustrated through the description of the main players and their modus operandi in the different procedural contexts.
The final aim of the course is to describe a procedural practice that is important, yet still relatively little known, due to its limited outreach through the ordinary means of access to the EU case law and, thus, so far known only by a few "specialists" in the field, contrary to the substantive or material rules of the EU legal order, which are now familiar to a wide audience of legal practitioners.
The course also involves the attendance to a hearing of the Court of Justice, or the General Court, of the EU in Luxembourg, with prior circulation and discussion of the relevant case documents.
Prerequisites for admission
The course is meant for students who have successfully passed the exam of European Union Law and, preferably, Civil Procedural Law.
Teaching methods
The course includes a first part of lectures, which is complemented by a number of seminars that will require to students to participate in an active manner.
Hence, attendance is strongly recommended, due to the structure of the teaching.
Hence, attendance is strongly recommended, due to the structure of the teaching.
Teaching Resources
No reference textbook is being proposed, but rather a direct access to the sources governing the proceedings before the CJEU, as well as the EU case-law that will be provided to the students.
Useful source of references to the case law is the below-mentioned Commentary, and the readings of essays collected therein (which will be a source of study and discussion during the course) is also recommended.
C. AMALFITANO - M. CONDINANZI - P. IANNUCCELLI (Eds.), Le regole del processo dinanzi al giudice dell'Unione europea. Commento articolo per articolo, Naples, Editoriale Scientifica, 2017.
C. AMALFITANO - M. CONDINANZI (Eds.), La Corte di giustizia dell'Unione europea oltre i trattati: la riforma organizzativa e processuale del triennio 2012-2015, Milan, 2018.
Other materials will be indicated during the lessons.
Useful source of references to the case law is the below-mentioned Commentary, and the readings of essays collected therein (which will be a source of study and discussion during the course) is also recommended.
C. AMALFITANO - M. CONDINANZI - P. IANNUCCELLI (Eds.), Le regole del processo dinanzi al giudice dell'Unione europea. Commento articolo per articolo, Naples, Editoriale Scientifica, 2017.
C. AMALFITANO - M. CONDINANZI (Eds.), La Corte di giustizia dell'Unione europea oltre i trattati: la riforma organizzativa e processuale del triennio 2012-2015, Milan, 2018.
Other materials will be indicated during the lessons.
Assessment methods and Criteria
The exam will consist only of an oral test: there are no written tests.
The vote will be expressed in thirtieths, with possible attribution of honors.
The vote will be expressed in thirtieths, with possible attribution of honors.
IUS/14 - EUROPEAN UNION LAW - University credits: 6
Lessons: 42 hours
Professors:
Amalfitano Chiara, Condinanzi Massimo
Educational website(s)
Professor(s)
Reception:
Tuesday (from 12,30 ) and Friday (from16,30) by appointment only ([email protected])
Sezione di Diritto internazionale e dell'Unione europea/MS Teams