EUROPEAN INSTITUTIONS, LAW AND MARKETS
Syllabus
EN
IT
- Analysis and comment of a case law
- Report in class on some cases and discuss cases and materials
- Open questions on specific topics
Learning Objectives
LEARNING OUTCOMES:
Ability to
- identify and describe the European legal background
- distinguish main European union sources of law
- analyse European Court of Justice case law and debate main issues
- link different legal materials and typKNOWLEDGE AND UNDERSTANDING OF:
- 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 as well as understanding specific case law and discuss
them. 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 problem
MAKING JUDGEMENTS
Students should be able to intervene in the in-class debate and formulate personal judgments.
COMMUNICATION SKILLS:
A good English proficency is required.
LEARNING SKILLS:
Students will be required to read legal documents and Court decisions, to analyse and discuss
cases.es of documents
Ability to
- identify and describe the European legal background
- distinguish main European union sources of law
- analyse European Court of Justice case law and debate main issues
- link different legal materials and typKNOWLEDGE AND UNDERSTANDING OF:
- 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 as well as understanding specific case law and discuss
them. 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 problem
MAKING JUDGEMENTS
Students should be able to intervene in the in-class debate and formulate personal judgments.
COMMUNICATION SKILLS:
A good English proficency is required.
LEARNING SKILLS:
Students will be required to read legal documents and Court decisions, to analyse and discuss
cases.es of documents
Prerequisites
None
Program
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
- Can the European Center hold?
Economic and Legal Integration:
- Discussion of TEU Art. 1-5.
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]
3. FUNDAMENTALS OF EU LAW
Secondary law. Direct effect of secondary law. Vertical and horizontal.
- ECJ, Defrenne Sabena [1976]
4. FUNDAMENTALS OF EU LAW
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:
- ECJ, Van Duyn [1974]
- ECJ, Foster case [1990]
- ECJ, Ratti case [1979]
- ECJ, Francovich [1990]
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]
PART II – INSTITUTIONS AND MARKETS
7. EUROPEAN UNION INSTITUTIONS
- EU Parliament
- Council of Ministers
- Decision making process
8. EUROPEAN UNION INSTITUTIONS
- EU Commission
- European Court of Justice (ECJ)
9. EUROPEAN FINANCIAL INSTITUTIONS
- Case Study DOWLING
- Case Study KOTNIK
- Case Study LEDRA
10. EU FINANCIAL MARKETS: ISSUES AND CHALLENGES
- Banking Union in Europe
11. ECHR GRANDE STEVENS AND OTHERS v. ITALY
12. PUBLIC PRIVATE PARTNERSHIPS (PPP) IN EUROPE
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.
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]
3. FUNDAMENTALS OF EU LAW
Secondary law. Direct effect of secondary law. Vertical and horizontal.
- ECJ, Defrenne Sabena [1976]
4. FUNDAMENTALS OF EU LAW
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:
- ECJ, Van Duyn [1974]
- ECJ, Foster case [1990]
- ECJ, Ratti case [1979]
- ECJ, Francovich [1990]
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]
PART II – INSTITUTIONS AND MARKETS
7. EUROPEAN UNION INSTITUTIONS
- EU Parliament
- Council of Ministers
- Decision making process
8. EUROPEAN UNION INSTITUTIONS
- EU Commission
- European Court of Justice (ECJ)
9. EUROPEAN FINANCIAL INSTITUTIONS
- Case Study DOWLING
- Case Study KOTNIK
- Case Study LEDRA
10. EU FINANCIAL MARKETS: ISSUES AND CHALLENGES
- Banking Union in Europe
11. ECHR GRANDE STEVENS AND OTHERS v. ITALY
12. PUBLIC PRIVATE PARTNERSHIPS (PPP) IN EUROPE
Books
R. Schütze, European Constitutional Law, Oxford University Press (Third Edition);
R. Schütze, An introduction to European Law, Oxford University Press (Third Edition).
R. Schütze, An introduction to European Law, Oxford University Press (Third Edition).
Bibliography
R. Schütze, European Constitutional Law, Oxford University Press (Third Edition);
R. Schütze, An introduction to European Law, Oxford University Press (Third Edition).
Additional materials exclusively related to the thematic seminars and legal case studies will be available to students in the web page.
R. Schütze, An introduction to European Law, Oxford University Press (Third Edition).
Additional materials exclusively related to the thematic seminars and legal case studies will be available to students in the web page.
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 discussions in class about teaching materials and ECJ case laws provided on the web page and constructive feedback on each presentation done by other students.
Exam Rules
- Analysis and comment of a case law
- Report in class on some cases and discuss cases and materials
- Open questions on specific topics