2. Professors
  3. DI STASI Angela
  4. Teaching

European Union Law

Angela DI STASI European Union Law

0160100030
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2020/2021

OBBLIGATORIO
YEAR OF COURSE 2
YEAR OF DIDACTIC SYSTEM 2012
SECONDO SEMESTRE
CFUHOURSACTIVITY
981LESSONS


ANGELA DI STASI T Curriculum
Objectives
THE COURSE AIMS TO GIVE STUDENTS BASIC KNOWLEDGE AND UNDERSTANDING ABOUT THE PROCESS OF EUROPEAN INTEGRATION FROM THE ORIGINS OF THE EUROPEAN COMMUNITIES UNTIL THE CURRENT EUROPEAN UNION.

KNOWLEDGE AND UNDERSTANDING
KNOWLEDGE AND UNDERSTANDING OF NORMATIVE AND INSTITUTIONAL FRAMEWORK, OF THE RELATIONS BETWEEN THE EUROPEAN UNION AND NATIONAL LAW, STUDY OF PRINCIPLES REGULATING EU ACTION, IN DEPTH ANALYSIS OF THE "MULTILEVEL" SYSTEM OF PROTECTION OF FUNDAMENTAL RIGHTS.

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
THE GOAL OF THE COURSE IS IN DEVELOPING APPLICATIVE ABILITY TO CONSULT AND ANALYZE NORMATIVE AND JURISPRUDENCIAL TEXTS IN ORDER TO ADDRESS LEGAL ISSUES INVOLVING THE UNDERSTANDING OF THE MECHANISMS OF INTERCONNECTION BETWEEN EUROPEAN LAW AND NATIONAL LAW.
Prerequisites
IT IS NECESSARY TO HAVE PASSED THE EXAM OF CONSTITUTIONAL LAW.

IT IS RECOMMENDED THAT THE BASIC KNOWLEDGE OF INTERNATIONAL LAW.

Contents
1. ORIGINS AND DEVELOPMENT OF THE PROCESS OF EUROPEAN INTEGRATION (4 HOURS):
FROM THE ORIGINS OF THE EUROPEAN INTEGRATION TO THE SIGNING OF THE TREATIES OF ROME; FROM THE TREATIES OF ROME TO THE EUA, TO MAASTRICHT TREATY, TO AMSTERDAM AND NICE TREATIES; FROM THE TREATY ON THE CONSTITUTION OF THE EUROPEAN UNION TO THE TREATY OF LISBON.

2. FUNCTIONAL AND SUBJECTIVE DEVELOPMENT OF THE INTEGRATION PROCESS (4 HOURS):
FROM THE COMMERCIAL OBJECTIVE TO THE DEVELOPMENT OF THE FURTHER COMPETENCES OF THE EU; THE PROCESS OF ADHESION OF NEW STATES; WITHDRAWAL FROM THE EU.

3. THE INSTITUTIONAL FRAMEWORK (15 HOURS):
EUROPEAN PARLIAMENT; COMMISSION; EUROPEAN COUNCIL; COUNCIL, COURT OF JUSTICE; COURT OF AUDITORS; EUROPEAN CENTRAL BANK; ADVISORY INSTITUTIONS; FURTHER EU INSTITUTIONS AND BODIES.

4. NORMATIVE ACTIONS (15 HOURS):
PRINCIPLES REGULATING THE NORMATIVE ACTIONS; TYPOLOGY AND ADOPTION PROCEDURES; BINDING ACTS; NON BINDING ACTS; OTHER ACTS; EFFECTIVENESS OF THE LEGAL NORMS.

5. THE RELATIONSHIPS BETWEEN THE EUROPEAN AND THE ITALIAN NORMATIVE SYSTEMS (9 HOURS):
FROM SEPARATION TO COORDINATION AND INTEGRATION; THE INTERPRETATION OF ART.11 OF THE CONSTITUTION IN THE JURISPRUDENCE OF THE CONSTITUTIONAL COURT AND THE ADAPTATION TO DERIVED LAW OF THE UNION; ART.117, PARA 1 OF THE CONSTITUTION; THE ITALIAN PARTICIPATION INTO THE FORMULATION OF NORMS AND THEIR ENFORCEMENT AND INTO THE POLICIES OF THE EUROPEAN UNION, ACCORDING TO THE LAW DATED 24.12.2012 NR. 234

6. THE JURISDICTIONAL PROTECTION (15 HOURS):
DIVISION OF COMPETENCES BETWEEN THE COURT OF JUSTICE AND THE TRIBUNAL; ACTION FOR ANNULMENT; ACTION FOR FAILURE TO ACT; PRELIMINAR RULING PROCEDURE; INFRINGMENT PROCEDURE; ACTIONS FOR LIABILITY.

7. THE PROTECTION OF HUMAN RIGHTS AND THE “COMMON EUROPEAN AREA OF JUSTICE” (15 HOURS):
THE EUROPEAN AREA OF FREEDOM, SECURITY AND JUSTICE; THE “MULTILEVER” PROTECTION OF FUNDAMENTAL RIGHTS; THE CHARTER OF FUNDAMENTAL RIGHTS; ANALYSIS AND APPLICATION OF CHAPTER VI OF THE EU CHARTER OF FUNDAMENTAL RIGHTS IN THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AND OF ITALIAN COURTS.

8. CURRENT DEVELOPMENTS IN THE EUROPEAN INTEGRATION PROCESS (4 HOURS).
Teaching Methods
THE TEACHING COURSE CONSISTS OF 81 HOURS OF LECTURES; IT TAKES PLACE IN THE SECOND SEMESTER OF THE SECOND YEAR. PRACTICAL EXERCISES ARE PROVIDED, AS WELL AS SIMULATION GAMES AND TRAINING ACTIVITIES ON A SEMINAR BASIS. AN INTERACTIVE METHOD WILL BE ADOPTED, IN ORDER TO AROUSE THE INTEREST OF STUDENTS AS REGARDS THE SUBJECT AND TO FOSTER THE CRITICAL ACQUISITION OF CONTENTS.
Verification of learning
FOR THE STUDENTS ATTENDING LECTURES:
-GROUP DISCUSSIONS GUIDED BY THE TEACHER, ABOUT THE CONTENTS OF THE COURSE ALSO FOR ENCOURAGING OCCASIONS OF SELF-ASSESSMENT BY STUDENTS THEMSELVES;
-THE POSSIBILITY OF UNDERGOING AN ORAL TEST BETWEEN LECTURES ABOUT A PART OF THE PROGRAM WHICH, IN CASE IT RESULTS TO BE POSITIVE, WILL NOT ASSESSED ANYMORE;
- FINAL ORAL EXAM, THROUGH QUESTIONS DESIGNED TO TEST KNOWLEDGE OF TEACHING CONTENT.

FOR THE STUDENTS NOT ATTENDING LECTURES:
- FINAL ORAL EXAM, THROUGH QUESTIONS DESIGNED TO TEST KNOWLEDGE OF TEACHING CONTENT.
THE TESTING OF THE EDUCATIONAL RESULTS CONCERNING THE GENERAL KNOWLEDGE OF THE SUBJECT IS BASED ON THE DEVELOPMENT OF SKILLS FOR BETTER LEARNING THE ESSENTIAL ELEMENTS OF THE SUBJECT, ALSO FROM THE POINT OF VIEW OF THE USE OF IT FOR THE JOB WORLD, THE DEEPENING OF CRITICAL-RECONSTRUCTION SKILLS AS REGARDS THE SUBJECT UNDER DISCUSSION AND ITS MOST CRUCIAL ASPECTS AS WELL AS THE ABILITY OF COMMUNICATING THE NOTIONS ACQUIRED, WITH A SELF-CONFIDENT SPEECH AND TERMINOLOGICAL ACCURACY.
THE MINIMUM EVALUATION LEVEL (18) WILL BE ASSIGNED IF THE STUDENT SHOWS A FRAGMENTAL KNOWLEDGE AND A LITTLE DEEPENING OF THEORETICAL CONTENT OR A LIMITED CAPACITY TO CONNECT THE NORMATIVE AND JURISPRUDENTIAL REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL OF EVALUATION (30) WILL BE GRANTED IF THE STUDENT SHOWS A COMPLETE AND DEEPENING KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE NORMATIVE AND JURISPRUDENTIAL REFERENCES TO THE STUDY CONTEXT. LA PRAISE WILL BE GRANTED TO CANDIDATES WHO EXHIBIT SIGNIFICANT MASTERY OF THEORETICAL AND OPERATIVE CONTENT AND KNOW TO ARGUE WITH REMARKABLE LANGUAGE PROPERTIES AND ABILITY OF AUTONOMOUS PROCESSING ALSO IN DIFFERENT CONTEXTS FROM THOSE PROPOSED BY THE PROFESSOR.
Texts
GENERAL FRAMEWORK
U. VILLANI, ISTITUZIONI DI DIRITTO DELL’UNIONE EUROPEA, 2020, BARI
OR
G. TESAURO, DIRITTO DELL’UNIONE EUROPEA (EDITED BY P.DE PASQUALE, F.FERRARO), 2020, NAPOLI
OR
P. MENGOZZI-C. MORVIDUCCI, ISTITUZIONI DI DIRITTO DELL'UNIONE EUROPEA,2018,PADOVA
OR
R. ADAM, A. TIZZANO, LINEAMENTI DI DIRITTO DELL’UNIONE EUROPEA, 2019, TORINO

SPECIAL SECTION:
A.DI STASI (A CURA DI), CARTA DEI DIRITTI FONDAMENTALI E SPAZIO EUROPEO DI GIUSTIZIA. L’APPLICAZIONE GIURISPRUDENZIALE DEL TITOLO VI DELLA CARTA, 2019, PADOVA (FIRST PART AND TWO CHAPTERS OF THE SECOND PART).

CONSULTATION OF THE LISBON TREATY AND THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION IS REQUIRED .
More Information
THE STRUCTURE OF THE TEACHING COURSE IS MEANT FOR STUDENTS REGULARLY ATTENDING LECTURES. NON ATTENDING STUDENTS CAN AVAIL THEMSELVES OF SUPPLEMENTARY EXPLANATIONS AND OF THE PROFESSOR’S GUIDE IN REFERRING TO NORM AND JURISPRUDENTIAL SOURCES THROUGH THE OBSERVATORY ON EUROPEAN AREA OF FREEDOM, SECURITY AND JUSTICE.

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