Facoltà di Economia

Aggiornato A.A. 2019-2020

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

THE VERBALIZATION OF THE EVALUATION OBTAINED IS SUBJECT TO THE MEETING WITH THE PROFESSOR DURING THE FIRST FORMAL EXAM SECTION.

WARNING: In case attenting students will not meet the Professor during the first exam section the evaluation/grade will non be verbalised neither saved for next exam section (NO EXEPTIONS)

****

SYLLABUS
EUROPEAN INSTITUTIONS, LAW AND ECONOMICS

PART I – Fundamentals: Values, Institutions and Rules.

Overview – Introduction to EU law. General principles. Institutions. Internal market. Equal treatment. External relations. Issues and challenges.

1. EUROPEAN UNION: WHAT AND WHY.

The economic and legal integration

• 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. 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]

 

3. 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]

Widening the direct effect. Indirect effect

• ECJ, Foster case [1990]

• ECJ, Marshal case  [1984]

• ECJ, Cia Security [1996]

• ECJ, Unilever Italia case [2000]

• ECJ, Fratelli Costanzo[1989]

• ECJ, Von Colson [1984]

• ECJ, Webb [1994]

 

4. 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]

 

5. EUROPEAN UNION INSTITUTIONS

• European Parliament

• European Council

• European Commission

• European Court of Justice

 

PART II – European issues and challenges

- The first wave of the crisis and the creation of the European Supervisory Authorities, the ESRB and the ESM

- The second wave of the crisis and the first leg of Banking Union: the SSM (theory and practice):

- The “second leg” of the Banking Union: the SRM (theory and practice):

- The “third leg” of the Banking Union: the EDIS (and accompanying reforms and developments):

- The Capital Markets Union

 

11. FINAL TERM (Dec. 13)

WARNING: BEFORE ATTENDING THE FINAL TERM PLEASE VERIFY WITH THE PROFESSOR YOU HAVE MET REQUIREMENTS AS ATTENDING STUDENT

 

EXAM RULES:

 

A course held in the first semester, first module, will have the first exam in the break week at the end of lectures in October and its second exam in the January-February session. The M.Sc program allows students to sit both exam sessions. The student can refuse the evaluation only once.

Should a student pass the mid-term and the final term  that grade can be kept and used only towards the exam held immediately following the end of the second module. That grade cannot be used in the second exam date; the exam will have to be passed in its entirety.

This scheme applies to all first and second year courses.

Aggiornato A.A. 2018-2019

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)

- Attendance and Participation in in-class debate including workshops: 45%

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

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

THE EVALUATION OF THE IN-CLASS DEBATE WILL INCLUDE THE WORK IN CLASS followed by debate

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 50%: Each student will answer to 3 out of 4 open questions.

THE VERBALIZATION OF THE EVALUATION OBTAINED IS SUBJECT TO AN ORAL QUESTION (5%) IN THE FIRST FORMAL EXAM SESSION.

 

****

SYLLABUS 
EUROPEAN INSTITUTIONS, LAW AND ECONOMICS

PART I – Fundamentals: Values, Institutions and Rules.

Overview – Introduction to EU law. General principles. Institutions. Internal market. Equal treatment. External relations. Issues and challenges.

1. EUROPEAN UNION: WHAT AND WHY. 

The economic and legal integration

• 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. 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]

 

3. 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]

Widening the direct effect. Indirect effect

• ECJ, Foster case [1990]

• ECJ, Marshal case  [1984]

• ECJ, Cia Security [1996]

• ECJ, Unilever Italia case [2000]

• ECJ, Fratelli Costanzo[1989]

• ECJ, Von Colson [1984]

• ECJ, Webb [1994]

 

4. 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]

 

5. EUROPEAN UNION INSTITUTIONS

• European Parliament

• European Council

• European Commission

• European Court of Justice

 

PART II – European issues and challenges

6. The first wave of the crisis and the creation of the European Supervisory Authorities, the ESRB and the ESM ( November, 14)

7. The second wave of the crisis and the first leg of Banking Union: the SSM (theory and practice): 

8. The “second leg” of the Banking Union: the SRM (theory and practice): 

9. The “third leg” of the Banking Union: the EDIS (and accompanying reforms and developments): 

10. The Capital Markets Union: (November, 28)

 

11. FINAL TERM

Aggiornato A.A. 2017-2018

EUROPEAN UNION INSTITUTIONS, LAW AND ECONOMICS
2017
Prof. Biancamaria Raganelli

1. Objectives and structure of the course
The course aims at providing an introduction European Union Law and Institutions, with a focus on selected topics and issues analysed in an economic analysis of law perspective.
The course consists of two related parts.
The first one provides a general background of EU law, principles and institutions: fundamentals of the European Union and its institutional framework. In this respect the class will consider the distribution of powers between EU institutions and between them and national authorities.
The second part consists of a selection of EU topics and issues: the new EU financial market framework, European Human Rights protection, EU Public Procurement Regulation.

2. Course materials
For attending students, materials will be available on the course web page and suggested during the class. Further readings in section 8 may help to prepare the exam.
For not attending students, please refer only to readings and materials (if you did not attend lectures, please remember that topics included in the syllabus refer only to the course lectures schedule and materials uploaded on the course web page cannot substitute readings and materials in section 8).

3. Course requirements
For every section of the course, some documents (case law, regulation, research papers or articles) will be analysed and discussed in class. Some indications for further reading will be available on request. Every student needs a notebook or tablet in class.
For attending students see further details down.

4. Assessment
For attending students: midterm plus final (60%) and active participation in class lectures/debate (40%). 
For not attending students: written exam followed by discussion and oral in the same day.

5. Teaching staff
Prof. Biancamaria Raganelli

6. Office hours and contacts
Prof. Biancamaria Raganelli will be arranged via e.mail: biancamaria.raganelli@uniroma2.it usually on Wednesday before the lecture.

7. Readings and materials
- R. SCHUTZE, An Introduction to EU law, Cambridge, 2012 [chapters: 1, 2, 3, 4, 5, 6]
- P. CRAIG, G. DE BURCA, EU Law. Text, cases and materials, Oxford, 2011 [chapters: 1, 2, 3 (1-5, 11), 4, 7, 9]  

COURSE REQUIREMENTS FOR ATTENDING STUDENTS (% OF FINAL GRADE)

• Attendance and Participation in in-class debate including in-class presentation (40%) -- 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. This class is designed to be significantly involved in-class discussion and working groups. Participation includes discussion during the class of cases law provided on the web page and constructive feedback on each presentation done by other students.
• Midterm: November 24th  -- 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: December 15th – Each student will be required to write a short paper on issues discussed in class.
Midterm plus Final (60%)

OUTLINE OF THE COURSE AND SYLLABUS

Overview – Introduction to EU law. General principles. Institutions. Internal market. Equal treatment. External relations. Issues and challenges.

Part I – Fundamentals: Values, Institutions and Rules

1. November, 8th 
EUROPEAN UNION: WHAT AND WHY.
Economic and legal integration
• 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. November, 10th
FUNDAMENTALS OF EU LAW.
Primary law. Direct applicability and effect.
• ECJ, Van Gend en Loos case [1963]
• ECJ, Reyners case [1974]
• ECJ, International Transport Workers’s Federation and Finnish Seamen’s Union case [1974]
• ECJ, Mangold case [2005]

3. November, 15th
EUROPEAN UNION INSTITUTIONS
• European Parliament
• European Council
• European Commission
• European Court of Justice

4. November, 17th
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]

Widening the direct effect. Indirect effect
• ECJ, Foster case [1990]
• ECJ, Marshal case  [1984]
• ECJ, Cia Security [1996]
• ECJ, Unilever Italia case [2000]
• ECJ, Fratelli Costanzo[1989]
• ECJ, Von Colson [1984]
• ECJ, Webb [1994]

5. November, 22th
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]

6. November 24h
MIDTERM

Part II – European issues and challenges

7. November, 29th
HUMAN RIGHTS
Protection of Human Rights in EU: perspectives and challenges
• ECJ, Case 11/70, Internationale Handesgesellschaft [1970]
• Article 6, TEU
• Charter of Fundamental Rights
• Art. 6 CEDU and CEDU Grande Stevens case [2014]

8. December, 1st
BITCOIN: REGULATORY ISSUES AND CHALLENGES

9. December 6th
EMU, EUROPEAN FINANCIAL MARKETS REGULATION AND SUPERVISION
• European Institutional framework on financial markets
• European Banking Union

10. December, 8th
BANKING CRISIS AND FINANCIAL STABILITY IN EUROPE
• ECJ, Kotnik (Slovenia) case - [2016]
• ECJ, Cyprus case [2016]
• ECJ, Ireland case [2016]

11. December 13th
EU PUBLIC PROCUREMENT REGULATION
• General principles included in the Treaties
• Secondary Law and implementation
• Public Private Partnerships

12. December, 15st
FINAL