EUROPEAN INSTITUTIONS, LAW AND MARKETS
Syllabus
EN
IT
R. Schütze, An introduction to European Law, Oxford University Press (Third Edition).
Additional materials will be uploaded on the website.
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.
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.
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
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
The exam will be assessed according to the following criteria:
Not suitable: important deficiencies and / or inaccuracies in the knowledge and understanding of
the topics; limited capacity for analysis and synthesis,
frequent generalizations and limited critical and judgment skills, the arguments are presented in an inconsistent way and with language inappropriate,
18-20: just sufficient knowledge and understanding of the topics with possible generalizations and imperfections; synthesis analysis skills
and sufficient autonomy of judgment, the arguments are frequently exposed in an inconsistent way and with little language
appropriate / technical,
21-23: Routine knowledge and understanding of topics; Ability to correct analysis and synthesis with logical argument sufficiently coherent and appropriate / technical language
24-26: Fair knowledge and understanding of the topics; good skills of analysis and synthesis with arguments expressed in a way
rigorous but with a language that is not always appropriate / technical.
27-29: Complete knowledge and understanding of the topics; remarkable abilities of analysis and synthesis. Good autonomy of judgment. Subjects
exposed rigorously and with appropriate / technical language
30-30L: Excellent level of knowledge and in-depth understanding of the topics. Excellent skills in analysis, synthesis and autonomy of
judgement. Arguments expressed in an original way and with appropriate technical language.
- Open questions test on specific topics
The exam will be assessed according to the following criteria:
Not suitable: important deficiencies and / or inaccuracies in the knowledge and understanding of
the topics; limited capacity for analysis and synthesis,
frequent generalizations and limited critical and judgment skills, the arguments are presented in an inconsistent way and with language inappropriate,
18-20: just sufficient knowledge and understanding of the topics with possible generalizations and imperfections; synthesis analysis skills
and sufficient autonomy of judgment, the arguments are frequently exposed in an inconsistent way and with little language
appropriate / technical,
21-23: Routine knowledge and understanding of topics; Ability to correct analysis and synthesis with logical argument sufficiently coherent and appropriate / technical language
24-26: Fair knowledge and understanding of the topics; good skills of analysis and synthesis with arguments expressed in a way
rigorous but with a language that is not always appropriate / technical.
27-29: Complete knowledge and understanding of the topics; remarkable abilities of analysis and synthesis. Good autonomy of judgment. Subjects
exposed rigorously and with appropriate / technical language
30-30L: Excellent level of knowledge and in-depth understanding of the topics. Excellent skills in analysis, synthesis and autonomy of
judgement. Arguments expressed in an original way and with appropriate technical language.