International Law and European Union Law
A.Y. 2023/2024
Learning objectives
Provide students with a complete and updated picture of international law and the process of European integration, as well as of the norms and principles regulating the relationships between international law and EU law, on the one hand, and domestic law, on the other.
Develop students' ability to re-elaborate legal principles and rules. Student must demonstrate that they know how to apply the rules to concrete cases, through the study of official documents of the main international and EU institutions and, in particular, of the international and European jurisprudence
Develop students' autonomy of judgment. Students must demonstrate the ability to take reasoned and legally sustainable positions with reference to the topics covered by the course.
Develop students' legal terminology. Students must demonstrate the ability to express legal concepts in the field of international and European Union law, with coherence and adequate technical language skills.
Develop learning abilities. Students must demonstrate that they have acquired the basic tools for updating their knowledge of international and European Union law, applying the relevant regulatory framework and case-law, also in the national contexts.
Equip students with the necessary skills for the main professional and work opportunities for which knowledge of European Union and international law is a requirement.
Develop students' ability to re-elaborate legal principles and rules. Student must demonstrate that they know how to apply the rules to concrete cases, through the study of official documents of the main international and EU institutions and, in particular, of the international and European jurisprudence
Develop students' autonomy of judgment. Students must demonstrate the ability to take reasoned and legally sustainable positions with reference to the topics covered by the course.
Develop students' legal terminology. Students must demonstrate the ability to express legal concepts in the field of international and European Union law, with coherence and adequate technical language skills.
Develop learning abilities. Students must demonstrate that they have acquired the basic tools for updating their knowledge of international and European Union law, applying the relevant regulatory framework and case-law, also in the national contexts.
Equip students with the necessary skills for the main professional and work opportunities for which knowledge of European Union and international law is a requirement.
Expected learning outcomes
international law and the process of European integration and of the rules and principles that regulate the relationship between international and EU law, on the one hand, and domestic law, on the other, in particular Italian law; (ii) the ability to critically analyze and re-elaborate the notions acquired, as well as apply them to concrete cases; (iii) the ability to interpret the legal rules examined during the course and to take reasoned and legally sustainable positions with regard to the topics under discussion; (iv) adequate legal terminology in the fields of international and European Union law; (v) the necessary tools for updating the knowledge of international and European Union law.
Lesson period: Activity scheduled over several sessions (see Course syllabus and organization section for more detailed information).
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surname A-L
Responsible
Lesson period
year
Prerequisites for admission
Preliminary knowledge of Public Law is recommended
Students must have already passed the exams of Private Law and Constitutional Law.
Students must have already passed the exams of Private Law and Constitutional Law.
Assessment methods and Criteria
For each of the two parts, the exam takes place orally. However, for the international law module, attending students ( i.e. students who attend at least 75% of the classes) will be given the possibility to take the exam through specific tests - that modality will be explained in class.
The oral 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 coincide with 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 discretion.
The oral 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 coincide with 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 discretion.
INTERNATIONAL LAW
Course syllabus
A) Features and structure of the international community and its legal order
B) Subjects: States / International organisations / individuals / corporations
C) Sources of international law : customary international law, treaties, jus cogens, soft law, general principles
D)Prohibition of the use of force and the collective security system of the United Nations
E) Immunities
F) Human rights protection
G) Environmental protection
H) International trade
I) State responsibility for international wrongful acts
L) Implementation of international law in the domestic legal orders
H) Peaceful settlement of disputes
B) Subjects: States / International organisations / individuals / corporations
C) Sources of international law : customary international law, treaties, jus cogens, soft law, general principles
D)Prohibition of the use of force and the collective security system of the United Nations
E) Immunities
F) Human rights protection
G) Environmental protection
H) International trade
I) State responsibility for international wrongful acts
L) Implementation of international law in the domestic legal orders
H) Peaceful settlement of disputes
Teaching methods
The course is composed of institutional classes. However, students might be invited to make short presentations on selected cases.
Teaching Resources
Alternatively, upon the students' choice:
a) A. Cassese (M. Frulli ed.), Diritto internazionale, 2021, VII ed., Il Mulino.
b) B. Conforti, M. Iovane, Diritto internazionale, 2021, XII ed. Editoriale scientifica (except: p. 298-345)
c) N. Ronzitti, Diritto internazionale, 2021, VI ed., Giappichelli (except: p. 61-98, 109-148, 503-521)
NB: students who have to take the exam for 9 ECTS (vecchio ordinamento) have to study one of the alternative volumes listed above + one of these two alternative books:
- F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, volume I, IX ed., Utet, 2020 (only chapters I, II, III, IV e VI) or
- P. Franzina, Introduzione al diritto internazionale privato, II ed., Giappichelli, Torino, 2023 (only pages 1-122; 151-225; 293-314)
a) A. Cassese (M. Frulli ed.), Diritto internazionale, 2021, VII ed., Il Mulino.
b) B. Conforti, M. Iovane, Diritto internazionale, 2021, XII ed. Editoriale scientifica (except: p. 298-345)
c) N. Ronzitti, Diritto internazionale, 2021, VI ed., Giappichelli (except: p. 61-98, 109-148, 503-521)
NB: students who have to take the exam for 9 ECTS (vecchio ordinamento) have to study one of the alternative volumes listed above + one of these two alternative books:
- F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, volume I, IX ed., Utet, 2020 (only chapters I, II, III, IV e VI) or
- P. Franzina, Introduzione al diritto internazionale privato, II ed., Giappichelli, Torino, 2023 (only pages 1-122; 151-225; 293-314)
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
- 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, 4ª ed., Bari, Cacucci, 2017 ovvero ultima edizione disponibile;
in alternativa,
L. Daniele, Diritto dell'Unione europea, 6ª ed., Milano, Giuffrè, 2018
in alternativa,
L. Daniele, Diritto dell'Unione europea, 6ª ed., Milano, Giuffrè, 2018
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:
Bonfanti Angelica
Surname M-Z
Responsible
Lesson period
year
Prerequisites for admission
Basic knowledge of public law is recommended.
Institutions of Private law and Constitutional law are propaedeutics
Institutions of Private law and Constitutional law are propaedeutics
Assessment methods and Criteria
For each of the two parts, the exam takes place orally. However, for the international law module, alternative methods illustrated in class, will be considered for students who attend at least 75% of the lessons.
The oral 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.
The oral 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
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
In alternativa, a scelta dello studente:
a) A. Cassese (a cura di M. Frulli), Diritto internazionale, 2021, VII ed., Il Mulino.
b) B. Conforti, M. Iovane, Diritto internazionale, 2021, XII ed. Editoriale scientifica (ad eccezione di p. 298-345)
c) N. Ronzitti, Diritto internazionale, 2021, Vi ed., Giappichelli (ad eccezione di p. 61-98, 109-148, 503-521)
a) A. Cassese (a cura di M. Frulli), Diritto internazionale, 2021, VII ed., Il Mulino.
b) B. Conforti, M. Iovane, Diritto internazionale, 2021, XII ed. Editoriale scientifica (ad eccezione di p. 298-345)
c) N. Ronzitti, Diritto internazionale, 2021, Vi ed., Giappichelli (ad eccezione di p. 61-98, 109-148, 503-521)
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
- 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, 6th edition, Bari, Cacucci, 2020 or last edition available;
alternatively,
L. Daniele, European Union Law, 8th edition, Milan, Giuffrè, 2022 or last edition available.
In addition to that, whatever the text chosen, B. Nascimbene, European Union - Treaties, 6rd edition, Turin, Giappichelli, 2021.
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.
alternatively,
L. Daniele, European Union Law, 8th edition, Milan, Giuffrè, 2022 or last edition available.
In addition to that, whatever the text chosen, B. Nascimbene, European Union - Treaties, 6rd edition, Turin, Giappichelli, 2021.
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:
Anro' Ilaria Angela
INTERNATIONAL LAW
IUS/13 - INTERNATIONAL LAW - University credits: 6
Lessons: 42 hours
Professor:
Peroni Giulio
Educational website(s)
Professor(s)
Reception:
Tuesday from 16.30 to 18.30
Department of Italian and Supranational Public Law -please contact Prof. Bonfanti by email ([email protected])