EUROPEAN INSTITUTIONS, LAW AND MARKETS
Syllabus
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
- Case Study DOWLING
- Case Study KOTNIK
- Case Study LEDRA
November 29th
10. EU FINANCIAL MARKETS: ISSUES AND CHALLENGES
- Banking Union in Europe
December 1st
11. ECHR GRANDE STEVENS AND OTHERS v. ITALY
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 laws 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 judgments 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