law

I. The Treaty on the European Union (EU) and on the Functioning of the EU. o The structure of the founding Treaties. General aspects of the legal order established by the Treaties. The relationships between founding Treaties. II. The Institutional system: o The European Council, the Council, the European Parliament, the Commission. The political dynamics of the Union and the role of Member States, political decsion making within the Union. III. Sources of EU law: o The constitutionalization of the founding Treaties. The sources of the Union: genral aspects: direct effects and primacy; the structure of the sources system: legislative acts, non-legislative acts, executive acts. Regulations, directives, decisions; general principles and fundamental rights protection; the Charter of fundamental rights of the EU and the ECHR; other sources of the Union, with special regard to the sources in foreign and security policy. Relationships between sources. IV. The judicial system of the Union: o The Judiciary of the EU. Actions before the EU Courts: action for annulment; infringement action, action for failure to act, preliminary reference. Judicial protection on specific policies of the Union. Effects and limits of European res judicata. V. The competences system: o the principle of conferral; exclusive competences, shared competences, other types of competences. Principles governing the exercise of competences; EU competences expansion; Political competences and material competences. Vertical integration of competences. VI. Implementation of EU law and the relationships with domestic legal orders: o General aspects. The relationships between the legal order of the Union and thelegal ordes of the Member States in the case-law of the Court of justice. The relationships with the legal order of the Union according to the case-law of the Italian Constitutional order: EU norms and internal laws; EU norms and constitutional norms. The case law of supreme courts of other Member States. The implementation of EU law in Italy. The inluence of EU law on national procedural systems. VII. The external action of the Union. o Foreign policy of the Union and external relations: conferred powers and implicit powers; shared and exclusive powers on the external plane; mixed agreements; effects of international norms within the EU legal order; the most recent developments of the case-law; judicial control of external action. VIII. Principles of material integration. o fundamental freedoms of the common market: harmonization and recognition in the case-law and in the praxis; competition law and state aid; integration in the fields of the judicial cooperation in civil and criminal matters.

The student has to know the fundamentals of private law and public law, as acknowledged by at least 9 credits obtained in each of the two fields.

Cannizzaro, Il diritto dell'integrazione europea, Torino, Giappichelli, last edition. Strozzi, Mastroianni (eds.), Diritto dell'Unione europea, Parte speciale - Estratto Università "Sapienza", 2022 Consultation of the texts of the founding Treaties is recommended.

Attendance of the course is not compulsory, but recommended.

The final interview will be held in Italian. Knowledge of the fundamentals of EU law and of the case-law of the Court of justice will count for approximately a half of the final evaluation. Knowledge of the relationships with national legal orders, as well as the acquisition of an autonomous evaluation capacity of doctrinal reconstructions, as well as of the orientations of Institutions will count for approximately a half of the final evaluation.

There will be traditional lectures and presentations of concrete cases. Both institutional and archive sources will be consulted on-line throughout the course.

I. The Treaty on the European Union (EU) and on the Functioning of the EU. o The structure of the founding Treaties. General aspects of the legal order established by the Treaties. The relationships between founding Treaties. II. The Institutional system: o The European Council, the Council, the European Parliament, the Commission. The political dynamics of the Union and the role of Member States, political decsion making within the Union. III. Sources of EU law: o The constitutionalization of the founding Treaties. The sources of the Union: genral aspects: direct effects and primacy; the structure of the sources system: legislative acts, non-legislative acts, executive acts. Regulations, directives, decisions; general principles and fundamental rights protection; the Charter of fundamental rights of the EU and the ECHR; other sources of the Union, with special regard to the sources in foreign and security policy. Relationships between sources. IV. The judicial system of the Union: o The Judiciary of the EU. Actions before the EU Courts: action for annulment; infringement action, action for failure to act, preliminary reference. Judicial protection on specific policies of the Union. Effects and limits of European res judicata. V. The competences system: o the principle of conferral; exclusive competences, shared competences, other types of competences. Principles governing the exercise of competences; EU competences expansion; Political competences and material competences. Vertical integration of competences. VI. Implementation of EU law and the relationships with domestic legal orders: o General aspects. The relationships between the legal order of the Union and thelegal ordes of the Member States in the case-law of the Court of justice. The relationships with the legal order of the Union according to the case-law of the Italian Constitutional order: EU norms and internal laws; EU norms and constitutional norms. The case law of supreme courts of other Member States. The implementation of EU law in Italy. The inluence of EU law on national procedural systems. VII. The external action of the Union. o Foreign policy of the Union and external relations: conferred powers and implicit powers; shared and exclusive powers on the external plane; mixed agreements; effects of international norms within the EU legal order; the most recent developments of the case-law; judicial control of external action. VIII. Principles of material integration. o fundamental freedoms of the common market: harmonization and recognition in the case-law and in the praxis; competition law and state aid; integration in the fields of the judicial cooperation in civil and criminal matters.

The student has to know the fundamentals of private law and public law, as acknowledged by at least 9 credits obtained in each of the two fields.

- Cannizzaro, Il diritto dell'integrazione europea, Torino, Giappichelli, last edition. - Strozzi, Mastroianni (eds.), Diritto dell'Unione europea, Parte speciale - Estratto Università "Sapienza", 2022 Consultation of the texts of the founding Treaties is recommended.

Attendance of the course is not compulsory, but recommended.

The final interview will be held in Italian. Knowledge of the fundamentals of EU law and of the case-law of the Court of justice will count for approximately a half of the final evaluation. Knowledge of the relationships with national legal orders, as well as the acquisition of an autonomous evaluation capacity of doctrinal reconstructions, as well as of the orientations of Institutions will count for approximately a half of the final evaluation.

There will be traditional lectures and presentations of concrete cases. Both institutional and archive sources will be consulted on-line throughout the course.