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Program

Updated A.Y. 2022-2023

SYLLABUS
EUROPEAN INSTITUTIONS, LAW AND MARKETS

(A.Y. 2022-2023)

 

(Mondays, Tuesdays*, and Thursdays*)

 

PART I – FUNDAMENTALS: VALUES AND RULES

 

November 7th

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
  • Can the European Center Hold?

Economic And Legal Integration:

  • Discussion of TEU Art. 1-5.

 

November 8th

2. FUNDAMENTALS OF EU LAW: PRIMARY LAW

Direct Applicability and Direct Effect of Primary Law.

Monism vs Dualism

EU vs CEDU

Art. 5 TEU Principles

  • ECJ, Van Gend en Loos [1963]

 

November 10th

3. FUNDAMENTALS OF EU LAW

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

  • ECJ, Defrenne Sabena [1976]

 

November 14th

4. FUNDAMENTALS OF EU LAW

Widening the direct effect. Indirect effect.

  • ECJ, Reyners case [1974]
  • ECJ, Mangold case [2005]
  • ECJ, Faccini Dori [1994]

 

November 15th

5. DISCUSSION OF THE FOLLOWING CASE STUDIES:

  • ECJ, Van Duyn [1974]
  • ECJ, Foster case [1990]
  • ECJ, Ratti case [1979]
  • ECJ, Francovich [1990]

 

November 17th

6. EU LAW VERSUS NATIONAL LAWS. LEGAL SUPREMACY

Discussion of the following case studies:

  • ECJ, Cia Security [1996]
  • ECJ, Unilever Italia case [2000]
  • ECJ, Internationale Handelsgesellschaft [1970]
  • ECJ, Von Colson [1984]

 

November 21st

Mid-term (attending students only)

 

 

PART II – INSTITUTIONS AND MARKET

November 22nd

7. EUROPEAN UNION INSTITUTIONS

  • EU Parliament
  • Council of Ministers
  • Decision making process

 

November 24th

8. EUROPEAN UNION INSTITUTIONS

  • EU Commission
  • European Court of Justice (ECJ)

 

November 28th

9. EUROPEAN FINANCIAL INSTITUTIONS

  • European Central Bank (ECB)
  • European Banking Authority (EBA)
  • European Securities and Markets Authority (ESMA)
  • European Insurance and Occupational Pensions Authority (EIOPA)

 

November 29th

10. EU FINANCIAL MARKETS: ISSUES AND CHALLENGES

  • ECJ Case Law

 

December 1st

11. EU PUBLIC PROCUREMENT

 

December 5th

12. PUBLIC PRIVATE PARTNERSHIPS (PPP) IN EUROPE

 

December 6th

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: 60% 

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 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 35 %: 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