EUROPEAN INSTITUTIONS, LAW AND ECONOMICS
Syllabus
Updated A.Y. 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)
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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.