Course teached as: B001487 - DIRITTO DELL'UNIONE EUROPEA 3-years First Cycle Degree (DM 270/04) in SVILUPPO SOSTENIBILE, COOPERAZIONE E GESTIONE DEI CONFLITTI Curriculum ECONOMIA CIRCOLARE E COESIONE SOCIALE
Teaching Language
Italian
Course Content
EU institutions, legal sources and their relations with national law. Specific reference to the participation of Italian institutions in both the EU law-making and the implementation of EU law. Thematic focus chosen based on developments in the practice and students' interests.
Gli studenti frequentanti possono prepararsi sugli appunti delle lezioni ed il materiale ivi distribuito. Per i non frequentanti: A. Adinolfi, G. Gaja, Introduzione al diritto dell'Unione europea, Bari, 2020, eccetto i paragrafi da 4 a 7 del capitolo III ed il capitolo VIII; A. Adinolfi, La libera circolazione delle persone, in G. Strozzi (a cura di), Il Diritto dell'Unione europea parte speciale, Torino, 2017
Learning Objectives
Attainment of the basic notions concerning the institutional structure and functioning of the EU, the EU legislation and the relationship with national legislation, the judicial institution and their most important functions. Acquisition of the capacity to understand the relationships between internal sources and those of the Union, as well as to use the main interpretative tools of Union law and the related technical terminology.
Prerequisites
A basic knowledge of public law is necessary in order to better understand any specific law subject.
Teaching Methods
Lectures with support of electronic means and of e-learning through Moodle, direct examination in class of case-law and legislation.
Further information
Students willing to attend the course are invited to enroll on Moodle during the first week of the course.
The teacher will receive on the G-Meet platform, agreeing on the day and time via e-mail (nicole.lazzerini@unifi.it) with the individual students concerned.
Type of Assessment
Written questions with open-ended-answers for all students, both attendant and non.
Only for attending students there is the possibility of sitting a written test (optional) at the end of the course.
Attendance will be verified through regular collection of signatures. In order to maintain attendance, 4 absences are allowed without prior notification to the teacher.
The examination - generally based on 3 questions - will aim not just at verifying the basic notions acquired but also at assessing the student's capacity to understand the relationship between European legal sources and national legislation, and the mechanism for judicial control.
Course program
Foundation and development of the European Union. The enlargment. The legal nature of the Union. The values of the Union, with special reference to the principle of democracy. The citizenship of the Union and EU citizen’s rights.
The EU institutions (composition and functions) and the main bodies of the Union. The legislative procedures. The principle of institutional balance and the loyal cooperation.
The legislative competences of the Union. Art. 352. The principles of subsidiarity and proportionality. The enhanced cooperation.
The sources of Union law. The Treaties of the Union. The Charter of fundamental rights. The general principles of law. The effects of the international agreements concluded by the Union. The role of customary international law. Secondary legislation. The sui generis acts. The liability of Member States for failure to comply with EU law.
The judicial system: organization and functions of the judicial institutions. The judicial control: infringement proceedings, action for annulment, action for failure to act, preliminary reference. The non-contractual liability of the Union. The appeal against the decisions of the General Court.
The relationship between EU law and national law: the approach of the Court of Justice and of the Italian Constitutional Court. The implementation of EU legislation in the Italian legal system. The role of Italian Regions as to the implementation of EU legislation.
The competence of the Union to conclude agreements. The procedure to conclude the agreements of the Union.
The program of the course is made available on Moodle after the end of the lessons.
Sustainable Development Goals 2030
This course contributes to the realization of the UN objectives of the 2030 Agenda for Sustainable Development