Master of Science in European Economy
and Business Law

Updated A.Y. 2015-2016

EUROPEAN UNION LAW AND INSTITUTIONS
2016
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 further reading.

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).

The most important periodicals in English language, are:
• Columbia Journal of European Law
• Common Market Law Review
• European Law Review
• European Law Journal
• European Public Law

Course Requirements (% of final grade):

• Midterm plus Final (40%)

• Research Paper (20%) -- Each student is expected to produce a research paper of 6-8 pages whose topic fits in one of the themes discussed in class (1) European Banking Union and/or European Institutional framework on financial markets; or (2) the EU on public procurement: aims and instruments; (3) Fundamental right of EU other. The paper can be written in groups up to 3 people. If students would prefer to write on a topic of their own choosing, they should speak with the instructor in advance. Papers are due in class on March 13th as a hard copy and emailed to the instructor in electronic form (either MS Word or PDF).

• In-class presentation of research paper (20%) -- The research presentations should be 10 minutes long. They will be video-taped, and selected videos may be made available to area high school teachers for use in their broadening their curriculums. 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.

•Attendance and Participation (10%) -- Students are expected to attend every class meeting and come prepared to discuss the assigned readings. Up to one unexcused absence will not count against this portion of the final grade; other absences must be excused with an appropriate note of explanation. It is important that assigned readings be completed prior to class because this class is designed to involve significant in-class discussion.

• Participation in in-class debate (10%) -- Participation includes discussion during the class of cases law provided on the web page and constructive feedback on each presentation done by other students.

European Union Law and Institutions
Outline of the course

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. February, 24th 
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. February, 26th
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. March, 2nd
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. March, 4th
GENERAL PRINCIPLES OF LAW COMMON TO NATIONAL LEGAL ORDERS
• ECJ, Case 11/70, Internationale Handesgesellschaft [1970]
• Article 6, TEU
• Charter of Fundamental Rights

5. March 9th
EU INSTITUTIONS: POWERS AND FUNCTIONS
EU legislative and administrative decision-making
Mid-term
• ECJ, Cases C-300/89, Commission v. Council [Titanium Dioxide case, 1991]
• ECJ, Case 103/88, Fratelli Costanzo [1990]
• TFEU Articles 288, 290, 291, 292

Part II –Policies, Actions, Human Rights and Market

6. March 11th
HUMAN RIGHTS
Protection of Human Rights in EU: prospects and challenges

7. March, 16th
HUMAN RIGHTS
Due process and fair trial in EU
• ECJ and CEDU
• The Grande Stevens v. Italy Case: Market Abuse Rules and Human Rights

8. March, 18th
EMU, FINANCIAL MARKETS REGULATION AND SUPERVISION IN EUROPE
• European Banking Union
• European Institutional framework on financial markets

9. March, 30st
EU PUBLIC PROCUREMENT REGULATION
General principles included in the Treaties
Secondary Law and implementation
Public Private Partnerships

Final