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EUROPEAN INSTITUTIONS, LAW AND MARKETS

Syllabus

EN IT

Learning Objectives

LEARNING OUTCOMES:
Ability to
- identify and describe the European legal background
- distinguish the main European union sources of law
- read, analyse and discuss the European Court of Justice case law and debate main issues
- link and discuss different legal materials and types of documents


KNOWLEDGE AND UNDERSTANDING:
- The role and significance of law in the European integration process.
- The legal foundations of the European Union (EU) (as set out in the Treaties).
- The institutions of the EU, their historical evolution and the horizontal relationship between them (as reflected in decision-making procedures).
- The vertical relationship between the EU and the Member States (including the principles of supremacy, legality, subsidiarity, proportionality and loyalty).
- The implementation and enforcement mechanisms of EU law (infringement proceedings, enforcement through national courts, review of EU action).
- The position of the individual as a holder of fundamental rights and a citizen of the Union


APPLYING KNOWLEDGE AND UNDERSTANDING:
Students are required to apply knowledge acquired as well as understanding, analysing and discuss European case law. They should be able to:
- Keep abreast of legal developments.
- Read a legal document and extract the relevant information from it.
- Construct a legal argument on a basic issue of EU law.
- Use EU law to give an opinion on a legal issue.



MAKING JUDGEMENTS:
Students should be able to intervene in the in-class debate and formulate personal opinions.

COMMUNICATION SKILLS:
A good English proficiency is required.

LEARNING SKILLS:
Students will be required to read legal documents and Court decisions, to analyse and discuss cases.

Prerequisites

none

Program

An initial part is dedicated to the examination of general concepts and context (25%); a second one is focused on the in-depth analysis of specific topics and issues (50%) and a third one (25%) will consist in in-class activities/debate focused on legal documents.

total 36 hours

PART I – FUNDAMENTALS: VALUES AND RULES (18 hours)

1. EUROPEAN UNION: WHAT AND WHY (3 hours)
Overview: General Principles
- The Schuman Plan, 9 May 1950
- Preamble of the Treaty of Paris
- Preamble of the Treaty of Rome
- Can the European Center hold?
Economic and Legal Integration:
- Discussion of TEU Art. 1-5.

2. FUNDAMENTALS OF EU LAW: PRIMARY LAW (3 hours)
Direct Applicability and Direct Effect of Primary Law.
Monism vs Dualism
EU vs CEDU
Art. 5 TEU Principles
- ECJ, Van Gend en Loos [1963]

3. FUNDAMENTALS OF EU LAW (3 hours)
Secondary law. Direct effect of secondary law. Vertical and horizontal.
- ECJ, Defrenne Sabena [1976]

4. FUNDAMENTALS OF EU LAW (3 hours)
Widening the Direct Effect. Indirect effect.
- ECJ, Reyners case [1974]
- ECJ, Mangold case [2005]
- ECJ, Faccini Dori [1994]

5. DISCUSSION OF THE FOLLOWING CASE STUDIES: (3 hours)
- ECJ, Van Duyn [1974]
- ECJ, Foster case [1990]
- ECJ, Ratti case [1979]
- ECJ, Francovich [1990]

6. EU LAW VERSUS NATIONAL LAWS. LEGAL SUPREMACY (3 hours)
Discussion of the following case studies:
- ECJ, Cia Security [1996]
- ECJ, Unilever Italia case [2000]
- ECJ, Internationale Handelsgesellschaft [1970]
- ECJ, Von Colson [1984]

PART II – INSTITUTIONS AND MARKETS (18 hours)
7. EUROPEAN UNION INSTITUTIONS (3 hours)
- EU Parliament
- Council of Ministers
- Decision making process

8. EUROPEAN UNION INSTITUTIONS (3 hours)
- EU Commission
- European Court of Justice (ECJ)

9. EUROPEAN FINANCIAL INSTITUTIONS: ECB, EBA, ESMA, EIOPA (3 hours)
- Case Study DOWLING
- Case Study KOTNIK
- Case Study LEDRA

10. EU FINANCIAL MARKETS: ISSUES AND CHALLENGES (3 hours)

11. European Court Human Rights (3 hours)
- Grande Stevens case
- Menarini case

12. PUBLIC PRIVATE PARTNERSHIPS (PPP) IN EUROPE (3 hours)
- EU legal background
- Issues and Challenges

Books



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

Additional materials will be uploaded on the website.

Teaching methods


In accordance with the course learning objectives, the teaching activity responds to a theoretical-practical approach that combines lectures, thematic workshops, and classroom discussion of legal cases and materials. Students are involved in the in-class debate on teaching materials and ECJ-ECHR case laws provided. A constructive feedback will be provided.

Exam Rules

- Analysis and discussion of a ECJ and ECHR case law and legal documents and materials
- Open questions test on specific topics

Criteria for the formulation of the evaluation on a scale of 30:

o Unsuitable: significant deficiencies and/or inaccuracies in knowledge and understanding of the topics; limited capacity for analysis and synthesis, frequent generalizations.

o 18-20: barely sufficient knowledge and understanding of the topics with possible imperfections; sufficient capacity for analysis, synthesis and autonomy of judgement.

o 21-23: Routine knowledge and understanding of the topics; Correct analysis and synthesis skills with coherent logical argumentation.

o 24-26: Fair knowledge and understanding of the topics; good capacity for analysis and synthesis with rigorously expressed arguments.

o 27-29: Comprehensive knowledge and understanding of the topics; Considerable ability to analyze, synthesize. Good autonomy of judgement.

o 30-30L: Excellent level of knowledge and understanding of the topics. Remarkable analytical and synthetic skills and independent judgement. Arguments expressed in an original manner.

Attendance Rules

COURSE REQUIREMENTS FOR ATTENDING STUDENTS (% OF FINAL GRADE)

This class is designed to be significantly involved in-class discussion and working groups. Students not willing to attend can study on the book suggested and contact the professor for specific assistance or feedback. The in-class debate on specific legal materials as well as on case-law will not be possible for not attending students.

The following requirements apply only to attending students: attendance required minimum 80% of the lectures

- Participation in in-class debate including workshops: 55%

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 materials and ECJ cases laws 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 judgments highlighting the main issues (a copy will be delivered by the Professor). Each student will work alone.

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

- Oral meeting: 5 % (meeting with the Professor during the formal exam section is required)

COURSE REQUIREMENTS FOR NON-ATTENDING STUDENTS (% OF FINAL GRADE)

All students not willing/able to attend the lectures as well as the seminars/workshops for any reason can study on the book suggested and contact the professor for specific assistance or feedback. In case of not physical attendance, it is not possible to participate at the in-class debate on specific legal materials as well as on case-law.
They can acquire the specific competences studying on the book suggested. The teaching materials uploaded on the professor website including slide will not be useful for this category of students if not supported by a physical presence at the in-class lectures and debate.
They will be assessed by a written exam-open questions test (80%) + oral-exam (20%) in the same exam-day.