DIRITTO DELL'UNIONE EUROPEA

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA VA
Academic year when starting the degree: 
2017/2018
Year: 
4
Academic year in which the course will be held: 
2020/2021
Course type: 
Compulsory subjects, characteristic of the class
Seat of the course: 
Varese - Padiglione Morselli
Credits: 
9
Period: 
First Semester
Standard lectures hours: 
55
Detail of lecture’s hours: 
Lesson (55 hours)
Requirements: 

Good knowledge of Public Law and International Law is suitable for a better understanding of specific juridical terms and classes of EU Law

Final exam is an oral discussion with final mark expressed in thirtieth. The interview relates to the whole program. Students attending to the lessons can take the exam only on the second part, if they got a sufficient mark in the intermediate text(s). Normally, but not necessarily, two questions will be asked on the first part of the program, one on the second.
Will be evaluated: a) exposition; b) use of correct technical language; c) (deep) knowledge of the program; d) masterhood of ECJs and Italian Constitutional Courts case law; e) critical approach and analysis; f) capacity of connecting different subject and institutions. During the interview case law could be discussed, if examined during the course or analyzed in the books suggested.

Assessment: 
Voto Finale

The course means to give a deep knowledge of the frame and the functioning of European Union. In the first part, attention will be given to the proper structure of EU Law, starting from an historical introduction, passing through the analysis of the institutions, the sources of the law, the fundamental principles, concluding with the jurisdictional protection of rights in the EU. In the second part, focus will be given on the internal market, with special attention to free movement of persons and competition.
The course wants to promote an high consciousness of the EU role as an autonomous jurisdiction in the international community, and in the relationships with Member States and individuals. The aim is to offer appropriate tools for a critical approach to the study of EU functioning.
Students are meant to demonstrate knowledge and competence relating to: a) composition and functioning of EU institutions and fundamental bodies; b) sources of law, their main characteristics, their effects in national jurisdictions, their impact on the individuals; c) fundamental principles of EU law and their functions; d) instruments for the protection of individual rights and legitimate interests; e) the European Court of justice, its competence and the functions of the proceeding that can be instituted; some procedural rules; f) rights of free movement; g) competition; h) State aids.
At the end of the course, students should be able to: a) understand the global functioning of EU jurisdiction, especially concerning Institutions; b) have clear the interactions between EU and national jurisdictions; c) know the relationships between different jurisdictions; d) be able to distinguish between the EUCGs attributions and those of others national or international jurisdictions; e) know the fundamental principles of internal market, especially regarding free movement and the “global approach”; f) discuss the case-law of the European Court of Justice; g) solve some typical institutional and material problems.

First part: 1. The development of European integration; 2. The institutions; Competence; Instruments and the hierarchy of norms; 5: Legislation and decision-making; 6.The nature and effect of EU law; 7. Remedies in national courts; 8. The relationship between EU law and national law; 9. Enforcement action against Member States; 10. Preliminary rulings; 11. Review of legality
12. Damages actions; 13. Citizenship of the European Union

Second part: 1. The single market; 2 Freedom of establishment and to provide services; 3. Competition law: Article 101; Article 102: mergers; 4. The state and the common market; 5. Undertakings entrusted with the operation of services of general economic interest.

Specific program for incoming Erasmus students
By request from at least one incoming Erasmus student, the lessons relating to Judicial Review will be held in English. 4 ECTR can be recognised. Requests must be submitted by e-mail (silvia.marino@uninsubria.it) before 10th October 2020 for the first semester (Varese). For delayed requests other solutions will be settled with the interested student(s). The lessons will start approximately 24 hours after the beginning of the course and will last approximately 11 hours.
The program is the following:
Enforcement action against Member States and Institutions
Preliminary rulings
Review of legality: access
Review of legality: grounds of review
Damages actions and money claims
A text book will be suggested.

By request, an incoming Erasmus student can choose a program in English. Requests must be submitted by e-mail (silvia.marino@uninsubria.it) before 10th December 2020 for the first semester (Varese). 9 ECTR can be recognised. The suggested text is the following:
Paul Craig and Gráinne de Búrca, EU Law, Text, Cases, and Materials, Sixth Edition, 2015
The relevant chapters are:
1: The development of European integration
2: The institutions
3: Competence
4: Instruments and the hierarchy of norms
5: Legislation and decision-making
6: Decision-making and new forms of governance
7: The nature and effect of EU law: direct effect and beyond
8: The application of EU law: remedies in national courts
9: The relationship between EU law and national law: supremacy
11: Human rights in the EU
12: Enforcement action against Member States
13: Preliminary rulings
14: Review of legality: access
15: Review of legality: grounds of review
16: Damages actions and money claims
17: The single market
22: Freedom of establishment and to provide services
23: Citizenship of the European Union
26: Competition law: Article 101
27: Competition law: Article 102
28: Competition law: mergers
29: The state and the common market

For the first part of the course, students are suggested to choose among one of these books
Villani, Istituzioni di Diritto dell’Unione europea, Cacucci Editore, 2020

Strozzi, Mastroianni, Diritto dell’Unione europea, Parte istituzionale, Giappichelli, 2020

Daniele, Diritto dell'Unione europea, Giuffré, 2018

For the second part, one among:
mercato unico europeo e dello spazio di libertà, sicurezza e giustizia, Giuffrè, 2019, capp. I, III, IV, VI, VII
Strozzi (a cura di), Diritto dell’Unione europea, parte speciale, Giappichelli, 2017, cap. II parte I, capp. III, IV, VI, VII

Differences between these books concern only the approach: some contains more basical information before addressing the focus, others more synthetical. Preference depends on the way the students study at best.
Knowledge of normative acts is strictly necessary, in particular the EU Treaty, the Treaty on the Functioning of the European Union, other acts relating to the objects of the course. Every collection can be used, in up to date; texts can be consulted on line on eur-lex.europa.eu.
For the text of the Treaties, we suggest:

Nascimbene, Unione europea. Trattati, Giappichelli, 2020

These texts are merely suggested. Each student can choose the methods and the manuals for his/her studies.

The necessary information regarding the organization of the course is contained in this paper and repeated in the e-learning platform. The professor is available only for questions regarding doubts or difficulties arisen during the study.

Convenzionale

The course consists in 55 hours lessons. Due to the current restrictions to the access to classrooms, lessons will be held online trhoug teams or slides with audio. Therefore, joining E-learning platform is strongly recommended. Students can find there the slides and other important documents for the study, such as new acts and case law. Moreover, all updates about the course are published there.
Intermediate evaluation tests could be provided, though "quiz" in the e-learning platform.

Professors