EUROPEAN INSTITUTIONS AND LAW
Syllabus
Updated A.Y. 2016-2017
EUROPEAN UNION LAW AND INSTITUTIONS
2017
Prof. Biancamaria Raganelli
1. Objectives of the course
This course aims to provide an introduction to the law and institutions of the European Union (EU). The course has also two related objectives. The first is to show the growing interaction of public authorities (both those of the EU and national ones) and their implications for individuals and groups. The other is to focus on the dimension of rights.
2. Structure of the course
The course is divided into two parts. In the first part of the class we will look at the fundamentals of the European Union and its institutional framework. In this respect we will consider the distribution of powers between EU institutions and between them and national authorities. The second part will focus on selected topics on European policies, actions, human rights and the common market.
3. Course materials: For attending students, materials will be available on the web page and suggested during the class. For not attending students, please refer only to
- R. Schutze, introduction to European Union law, 2 copies (in the library G5/41 – G5/41 bis)
- P. Craig e G. de Burca, Eu law. Text, cases and materials, 2 copies in the library (G12/396 – G12/396 bis)
4. Course requirements
For every section of the course, some legal and political documents will be analysed and discussed. Some indications for further reading will be available on request.
5. Assessment: written exam followed by discussion.
6. Teaching staff
Prof. Biancamaria Raganelli
7. Office hours and contacts
Prof. Biancamaria Raganelli will be arranged via e.mail: biancamaria.raganelli@uniroma2.it
8. Further reading
For an outline of EC/EU law, see P.P. Craig & G. de Burça, EU Law. Text, Cases and Materials, Clarendon, 2011, 5th ed. See also P.P. Craig, The Lisbon Treaty, Law, Politics and Treaty Reform (Oxford University Press 2010)
COURSE REQUIREMENTS (% OF FINAL GRADE) FOR ATTENDING STUDENTS
• Midterm: November 28st -- 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). The ECJ cases are the fist 6 on the list of cases uploaded on the webpage. Each student will work alone on one of the 6 cases.
• Research Paper (20%) – Working in group (up to 5 people) students are expected to produce a research paper of 6-8 pages on a topic related to the program or another discussed with the Professor in advance (see the list). Papers are due in class on November 30th as a hard copy and emailed to the instructor in electronic form (either MS Word or PDF). Each file should contain a front page with: name and surname of each student, matricola/student number, e.mail.
• In-class presentation of research paper (20%) -- The research presentations should be 20 minutes long. As part of the presentations section of the course, students are expected to provide constructive feedback on each presentation. This feedback is intended to facilitate revisions and improvements to the final papers. Submitting these feedback is part of the presentation grade. The presentations will take place in the last weeks of class. The final papers are due in class on January 10th.
• Attendance and Participation in in-class debate (10%) -- Students are expected to attend every class meeting and come prepared to discuss the assigned readings. It is important that assigned readings be completed prior to class because this class is designed to involve significant in-class discussion. Participation includes discussion during the class of cases law provided on the web page and constructive feedback on each presentation done by other students.
• Final: December 14th – Written answer on up to 3 questions related to the issues discussed in class.
Midterm plus Final (50%)
European Union Law and Institutions
OUTLINE OF THE COURSE AND SYLLABUS
Overview – Introduction to EU law. General principles. Institutions. Internal market. Free movement of goods, persons, services and capital. Economic and social policies. Equal treatment. External relations.
Part I – Values, Institutions, and Powers
1. November, 9th
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. November, 14th
FUNDAMENTALS OF EU LAW.
Primary and secondary law.
Direct effect and supremacy
• ECJ, Van Gendes Loos [1963]
• ECJ, Costa v. ENEL [1964]
• ECJ, Francovich [1990]
3. November, 16th
FUNDAMENTALS OF EU LAW.
EU Law versus National laws
• ECJ, Fratelli Costanzo[1990]
• ECJ, TitaniumDioxide case [1991]
• ECJ, Faccini Dori [1994]
• ECJ, Webb [1994]
• ECJ, Duyn [1974]
4. November, 21st
GENERAL PRINCIPLES OF LAW COMMON TO NATIONAL LEGAL ORDERS
• ECJ, Case 11/70, Internationale Handesgesellschaft [1970]
• Article 6, TEU
• Charter of Fundamental Rights
5. November, 23th
HUMAN RIGHTS
Protection of Human Rights in EU: perspectives and challenges
6. November 28th
MIDTERM
7. November, 30th
EMU, FINANCIAL MARKETS REGULATION AND SUPERVISION IN EUROPE
• European Banking Union
• European Institutional framework on financial markets
8. December, 5th
ANTICORRUPTION IN EUROPE: ISSUES AND CHALLENGES
9. December 7th
COMPETITION LAW AND STATE AIDS
10. December, 12st
EU PUBLIC PROCUREMENT REGULATION
General principles included in the Treaties
Secondary Law and implementation
Public Private Partnerships
11. December, 14st