Unit EUROPEAN UNION LAW

Course
Legal services
Study-unit Code
A000729
Location
PERUGIA
Curriculum
Consulente del lavoro
Teacher
Maria Cristina Carta
Teachers
  • Maria Cristina Carta
Hours
  • 40 ore - Maria Cristina Carta
CFU
6
Course Regulation
Coorte 2023
Offered
2024/25
Learning activities
Caratterizzante
Area
Giurisprudenza
Academic discipline
IUS/14
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
ITALIAN
Contents
The Course provides students with the main cognitive and context tools to critically understand the process of European integration. In this perspective, the following main features will be highlighted: the nature of the European Union and the process of integration; the EU’s competences and the exercise thereof; the Union’s institutions and main bodies; and regulatory sources; procedures for the adoption and amendment of European acts; European judicial review.
The course is divided into two parts: institutional part (6 credits) and special part (3 credits).
The course focuses on the study of the institutional part (6 credits) of the European Union Law: the evolution and characteristics of the European integration process; the objectives, values and principles of the EU; the division of competences between the EU and Member States; European citizenship; EU institutions; interinstitutional procedures; the sources of the EU law; judicial competences; the relationship between EU and national law.

The special part (only for students who have to take the 9 CFU exam) has as its object:
- the protection of human rights in the European Union; the Lisbon reform;
- The European Union’s environmental policy: general principles and framework. The new European Green Deal and the EU Blue Eonomy.
Reference texts
Students can choose one of the following text-books:

- U. Villani, Istituzioni di Diritto dell'Unione europea, Cacucci Editore, 2024;

- R. Mastroianni - G. Strozzi, Diritto dell'Unione europea. Parte istituzionale, Ult. ed.;
- R. Adam - A. Tizzano, Lineamenti di Diritto dell'Unione europea, Giappicchelli, Ult. ed.;


It is strongly recommended to combine the study of the manual with the consultation of:

- C. CURTI GIALDINO, Codice dell'Unione Europea - Minor, Simone, 2023;

For the special part of the program, during the lessons the professor will provide slides and additional teaching material, which will also be uploaded in the Unistudium platform.
Educational objectives
The aims of the course can be summarized as it follows:

1.Giving students a complete knowledge about European Union Law and developing the ability of understanding of the process of European integration and of the rules and principles which regulate the relationship between EU law and national law.

2. Developing the ability to work with principles and legal rules, in a personal and thoughtful way. Students will be expected to successfully apply the legal notions learnt during the course to practical cases, through the study of official documents of the EU and, in particular, of the case law of the Court of Justice of the European Union.

3. Improving students' independent thinking, convincingly debating and putting forward arguments with respect to the subjects of the course.

4. Acquiring legal terminology skills. Students are expected to express the knowledge acquired during the course in a coherent, well-argued fashion as well as with proper legal terminology.

5. Developing autonomous learning skills, so that - once they have acquired the basic skills - students can further develop and update their knowledge of EU law, by applying the legislative framework as well as the relevant case law, also at a national level.

6. Giving students notions which can be useful for them in a multi-disciplinary prospective;

7. Developing a background of knowledge and competences which can be useful for students' professional careers (as lawyers, judges, etc.);

8. Acquire a good knowledge of EU legal remedies.
Prerequisites
In order to be able to follow and fully understand the course, an adequate knowledge of public and international law is strongly recommended.
Teaching methods
Frontal lessons
Laboratory activities
Seminars
participation in external events

Teaching is mainly provided with lectures held by the teacher; only a small part in tele teaching (4h). The lessons offer a complete picture of the topics above listed; attendance allows the development of the notions and competences required to pass the exam.

Course materials indicated by the lecturer during class will be uploaded to the course's Unistudium website.
Some of the lectures may be held by scholars, lawyers, experts.
Lectures may be supplemented by seminars and case studies, whose organization will be reported to the students, so that they can participate.

The organization of seminars or conferences on topics related to teaching will be punctually reported to attending students interested, in order to encourage their participation.
Case studies, presentations, simulation games will be available for attending students, as part of a dynamic process of learning, involving interactive feedback between the learner and educator.

Attendance of the course is optional, although recommended, especially for those who intend to prepare their thesis in this field.
Other information
Students are expected to acquire an understanding of the European Union as a legal phenomenon and the proper technical language necessary to describe it. They will become familiar with the EU institutional framework, decision-making process, sources and their effects, and will become capable to apply the knowledge acquired by critically assessing real-life cases, in order to understand whether the EU can act in a given scenario, which kind of decisions it can adopt, when EU legislation applies, which right/obligation it establishes and for whom.


By the end of the course, students will be expected to have acquired:
- an adequate knowledge and understanding of the European integration process and of the rules and principles which regulate the relationship between EU and national law;
- the ability to work with principles and legal rules, as well as to apply the notions learnt to practical cases;
- the ability to interpret the legal rules studied and to take properly argued and legally sound positions on the subjects of the course;
- a deep knowledge of the legal terminology related to EU law;
- the basic skills to further develop and update their knowledge of EU law.



The student reception takes place both in presence and at a distance. Students are requested to contact the professor by e-mail (mariacristina.carta@unipg.it) to schedule the day and time of the Teams reception, according to specific needs.
Learning verification modality
online test;
Oral examination;
Evaluation of group laboratory activities;

The grade will be expressed in thirtieths (/30), with the possibility of attributing honors.
The criteria for assessing the oral exam include the correctness of the contents, the clarity of the argumentations put forward, the ability to provide a critical analysis and to work with principles and notions.

During the course, the professor will frequently converse with their students, stimulating questions and answers. During the lessons will be addressed case studies, according to a method that will greatly enhance the individual insights, allowing to anticipate during the course itself the verification of skills achieved, traditionally carried out during the final exam.
Interdisciplinary links will be evaluated positively.
Extended program
Institutional part (Modules I and II)

I Module (3 credits): Introduction to the European Union law:
- The European integration process: from the EEC to the EU.
- The Treaty of Lisbon.
- The foundational values and the aim of integrating people;
- The acquisition of membership;
- Withdrawal;
- The system of competences: exclusive, shared competences, subsidiary and pre-emption;
- the flexibility clause;
- The principles of attribution and institutional balance;
- the European citizenship;
- The EU Institutional framework:
the European Parliament, the European Council and the Council, the Commission, the Court of Justice and the European Central Bank;

Module II (3 Credits): European Union competences after the Lisbon Treaty and the regulatory system

A) Sources of EU law; Hierarchy of norms; primary and secondary law; third-tier legal acts; direct and indirect effects; recommendations, opinions and soft-law instruments;
- Law making procedures;
- Guarantees of European Union law: direct effect, primacy, consistent interpretation.

B) Analysis of the different types of proceeding before the EU Court of Justice:
- actions for annulment;
- preliminary rulings;
- infringement proceedings;
- actions for failure to act;
- actions for damages;

C) The participation of Italy in the European Union:
- the principle of Primacy;
- the evolution of the jurisprudence of the Constitutional Court and the Court of Justice (with analysis of the most important case-law);
- the doctrine of counter-limits;
- the legislative adaptation of Italian law to European Union law: the Law no 234/2012.



Special part:
Module III (3 Credits):

- The protection of fundamental rights in the EU; the Lisbon reform;
- The evolution of EU environmental policy with a focus on the new European Green Deal and Blue Economy.

At the end of each lesson the professor is available for clarifications or explanations about the program.
Obiettivi Agenda 2030 per lo sviluppo sostenibile
SDG nn. 6,11, 12,13,14, 15
Green Deal
Blue Economy
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