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EUROPEAN INSTITUTIONS, LAW AND ECONOMICS

Program

Updated A.Y. 2018-2019

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)

- Attendance and Participation in in-class debate including workshops: 45% 

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. This class is designed to be significantly involved in-class discussion and working groups.

Participation includes discussion during the class of cases law provided on the web page and constructive feedback on each presentation done by other students.

THE EVALUATION OF THE IN-CLASS DEBATE WILL INCLUDE THE WORK IN CLASS followed by debate

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 50%: Each student will answer to 3 out of 4 open questions.


THE VERBALIZATION OF THE EVALUATION OBTAINED IS SUBJECT TO AN ORAL QUESTION (5%) IN THE FIRST FORMAL EXAM SESSION.

 

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SYLLABUS 
EUROPEAN INSTITUTIONS, LAW AND ECONOMICS


Overview – Introduction to EU law. General principles. Institutions. Internal market. Equal treatment. External relations. Issues and challenges.
Part I – Fundamentals: Values, Institutions and Rules


1.  EUROPEAN UNION: WHAT AND WHY.

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]

3. HUMAN RIGHTS

4. 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, Von Colson [1984]
• ECJ, Webb [1994]


6. EUROPEAN FINANCIAL MARKETS REGULATION AND SUPERVISION

• European Institutional framework on financial markets
• European Banking Union
Exercise
• ECJ, Kotnik (Slovenia) case - [2016]
• ECJ, Cyprus case [2016]
• ECJ, Ireland case [2016]

7. 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]


Part II – European issues and challenges 

7. European Union development; European Parliament; Council of Ministers; European Council.

8. European Commission; Decision making process; Ordinary legislative procedure.

9. Special legislative procedures; Principles of subsidiarity and proportionality; Conclusions on European Legislation.

10. EU Institutions

11. European Court of Justice; Case law.

12. Final term