Facoltà di Economia

SYLLABUS
EUROPEAN INSTITUTIONS, LAW AND MARKETS

(A.Y. 2021-2022)

(Mondays and Thursdays, 11am – 2 pm)

PART I – FUNDAMENTALS: VALUES AND RULES

November 4^th

1. EUROPEAN UNION: WHAT AND WHY

Overview: General Principles

• The Schuman Plan, 9 May 1950

• Preamble of the Treaty of Paris

• Preamble of the Treaty of Rome

• TEU, articles 1-5

• Can the European Center Hold?

November 8^th

2. ECONOMIC AND LEGAL INTEGRATION

• Internal market and free movement of goods, people, services and capital. 

• Free competition.

November 11^th

3. FUNDAMENTALS OF EU LAW

Primary law. Direct applicability and effect.

• ECJ, Van Gend en Loos case [1963]

• ECJ, Reyners case [1974]

• ECJ, Mangold case [2005]

November 15^th

4. FUNDAMENTALS OF EU LAW.

Secondary law. Direct effect of secondary law. Vertical and horizontal.

• ECJ, Van Duyn [1974]

• ECJ, Ratti case [1979]

• ECJ, Faccini Dori [1994]

November 18^th

5. FUNDAMENTALS OF EU LAW

Widening the direct effect. Indirect effect

• ECJ, Foster case [1990]

• ECJ, Marshal case [1984]

• ECJ, Cia Security [1996]

• ECJ, Unilever Italia case [2000]

• ECJ, Von Colson [1984]

• ECJ, Webb [1994]

November 22^nd

6. EU LAW VERSUS NATIONAL LAWS. LEGAL SUPREMACY

• ECJ, Costa v. ENEL case [1964]

• ECJ, Internationale Handelsgesellschaft case [1970]

• ECJ, Simmenthal case [1978]

• ECJ, Francovich [1990]

November 25^th

7. Mid-term (attending students only)

PART II – INSTITUTIONS AND MARKET

November 29^th

8. EUROPEAN UNION INSTITUTIONS

December 2^nd

9. EUROPEAN MARKET: ISSUES AND CHALLENGES

December 6^th

10. THE PROTECTION OF HUMAN RIGHTS IN EUROPE

• European Court of Justice (ECJ)

• European Court of Human Rights (ECHR)

December 7^th

December 9^th

12. Final-term (attending students only)

* * *

COURSE REQUIREMENTS FOR NOT ATTENDING STUDENTS (% OF FINAL GRADE)

WRITTEN EXAM (80%) + ORAL EXAM (20%) IN THE SAME DAY

Text books suggested:

• R. Schütze, European Constitutional Law, Oxford University Press (Third Edition);
• R. Schütze, An introduction to European Law, Oxford University Press (Third Edition).

Teaching materials on the web pages are not part of the program for not attending students

COURSE REQUIREMENTS FOR ATTENDING STUDENTS (% OF FINAL GRADE)

This class is designed to be significantly involved in-class discussion and working groups.

- Attendance and Participation in in-class debate including workshops: 50% 

Students are expected to attend every class meeting and come prepared to discuss the assigned readings. Every student is required to bring a notebook or tablet to download teaching materials and work on them in class. 

Participation includes discussion in class of teaching materias and ECJ cases law provided on the web page and constructive feedback on each presentation done by other students.

 Each student is expected to read and give comments to a ECJ judgment highlighting the main issues (a copy will be delivered by the Professor). Each student will work alone.

- Final term 40 %: Each student will answer to 3 out of 4 open questions.

- Oral exam/clarification on final 5 %: meeting with the Professor during the formal exam section

SYLLABUS
EUROPEAN INSTITUTIONS, LAW AND MARKETS

PART I – FUNDAMENTALS: VALUES AND RULES

1. EUROPEAN UNION: WHAT AND WHY

Overview: General Principles

• The Schuman Plan, 9 May 1950

• Preamble of the Treaty of Paris

• Preamble of the Treaty of Rome

• TEU, articles 1-5

• Can the European Center Hold?

2. ECONOMIC AND LEGAL INTEGRATION

• Internal market and free movement of goods, people, services and capital. 

• Free competition.

3. FUNDAMENTALS OF EU LAW

Primary law. Direct applicability and effect.

• ECJ, Van Gend en Loos case [1963]

• ECJ, Reyners case [1974]

• ECJ, Mangold case [2005]

4.FUNDAMENTALS OF EU LAW.

Secondary law. Direct effect of secondary law. Vertical and horizontal.

• ECJ, Van Duyn [1974]

• ECJ, Ratti case [1979]

• ECJ, Faccini Dori [1994]

5. FUNDAMENTALS OF EU LAW

Widening the direct effect. Indirect effect

• ECJ, Foster case [1990]

• ECJ, Marshal case  [1984]

• ECJ, Cia Security [1996]

• ECJ, Unilever Italia case [2000]

• ECJ, Von Colson [1984]

• ECJ, Webb [1994]

6. EU LAW VERSUS NATIONAL LAWS. LEGAL SUPREMACY

• ECJ, Costa v. ENEL case [1964]

• ECJ, Internationale Handelsgesellschaft case [1970]

• ECJ, Simmenthal case [1978]

• ECJ, Francovich [1990]

PART II - INSTITUTIONS AND DECISION-MAKING

7. 8. 9.  EUROPEAN UNION INSTITUTIONS

• European Council

• European Parliament

• Council of the European Union

• European Commission

• European Court of Justice

PART II – EUROPEAN MARKETS: ISSUES AND CHALLENGES

10. 11. 12.

• European Competition Law

• European Financial Institutions

• European Banking Union

COURSE REQUIREMENTS FOR NOT ATTENDING STUDENTS (% OF FINAL GRADE)

WRITTEN EXAM (80%) + ORAL EXAM (20%) IN THE SAME DAY

Text book suggested: R. Schütze, An Introduction to European Law, Cambridge University Press

Teaching materials on the web pages are not part of the program for not attending students

COURSE REQUIREMENTS FOR ATTENDING STUDENTS (% OF FINAL GRADE)

This class is designed to be significantly involved in-class discussion and working groups.

- Attendance and Participation in in-class debate including workshops: 50% 

Students are expected to attend every class meeting and come prepared to discuss the assigned readings. Every student is required to bring a notebook or tablet to download teaching materials and work on them in class. 

Participation includes discussion in class of teaching materias and ECJ cases law provided on the web page and constructive feedback on each presentation done by other students.

Each student is expected to read and give comments to a ECJ judgment highlighting the main issues (a copy will be delivered by the Professor). Each student will work alone

- Final term 40 %: Each student will answer to 3 out of 4 open questions.

- Oral exam/clarification on final 5 %: meeting with the Professor during the formal exam section