Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2014/2015
Belonging course: 
Course of 5-year Single Cycle Master's Degree Programme on GIURISPRUDENZA
Location: 
Napoli
Disciplinary sector: 
EUROPEAN UNION LAW (IUS/14)
Language: 
Italian
Credits: 
12
Year of study: 
4
Teachers: 
TUFANO Maria Luisa
Cycle: 
Second semester
Hours of front activity: 
96

Language

italian

Course description

Acquisition by the students of knowledge related to:
- the EU legal order;
- the EU source hierarchy;
- the judicial system ;
- the Internal market discipline;
- the EU external action.
The student will acquire knowledge concerning:
- research and analysis skills about legal and judicial acts;
- systematic interpretation of EU legal acts;
- consequences of the EU system on the internal order and on the legal professions

Expected learning results, in accod to the Dublin descriptors:

At the end of the course, the student should demonstrate the acquisition of the following knowledge, ability and skills:

Knowledge and Understanding
a) deep knowledge related to the EU institutional and legal system and to the EU polices b) research methodologies concerning EU acts and jurisprudence; c) exegesis skills about EU acts and jurisprudence;

Applying Knowledge and Understanding
2) interpretation skills about the EU legal and judicial acts and to understand its effect on the National normative, administrative and judicial system. These issues will offer the students instruments to work as lawyers, judge, notary.
Through the in-depth analysis of the internal market policy, the students will acquire the skills to individuate the effects of the EU on the enterprises. This knowledge and these skills will be useful to the students to become enterprises adviser and lawyers. Knowledge and skills will be verified through the individual and group analysis;

Making judgments
3) skills to find legal acts, judicial acts and data to make a critical analysis of the effects of the EU law and policies on the national orders. In particular, the students will be offered the ability to individuate the opportunities and threats for the national public system and for the enterprises, in order to reinforce their problem solving ability. The skill achievement will be verified through case studies discussion.

Communication
4) skills to discuss in a critical and thorough manner the problems related to the institutional framework and the EU policies in a critical and deep manner, to communicate with specialized interlocutors and with professional figures about complex issues related to the EU law. The communication skills will be stimulated through the individual and group presentation of case studies;

Lifelong Learning skills
5)The lifelong learning skills and the critical analysis about the EU institutional and legal system will be verified alternating frontal lessons and individual and group discussions.

Prerequisites

To understand the contents of the lessons and achieve the educational objectives of the course, the student must have acquired knowledge and skills related to the analysis of a legal system: a) analysis of the functions of the institutions and relations between them; b) analysis of the hierarchy of sources; c) system of judicial protection.

Syllabus

First Part: Law of European Union Origins and developments of the European integration process. EU legal framework: institutional framework; legal sources; decision-making process. European Union Law in the Member States’ legal systems; Judicial protection in the EU: general issues; structure and organization of the European Court of Justice. Judicial control on the Member States’ behaviors, Judicial Control on the Institutions’ behaviors; Preliminary Rulings; “Secondary” competences; Judicial protection within the Member States; EU Objectives and Competences: EU values and objectives; EU citizenship; EU Competences; Italian participation to the European integration project.
Second Part: EU Policies. Internal Market; Free movement of Goods; Common Agricultural Policy, Free movement of workers; Freedom of establishment and freedom to provide services; Free movement of capitals; Effects of the area of freedom, security and justice on the well-functioning of the internal market; Common Policy of Transports, Competition, fiscal policy and approximation of laws of Member States; Economic and Monetary Policy, Employment and Social Affairs.
The role of EU in the global context: external action and “external actions”.

1. EU Institutional framework (72 h)
1.1. Law of European Union (6 h)
1.1. a)Origins and developments of the European integration process.
1.2 EU legal framework (27 h)
1.2.a) Institutional framework;
1.2.b) Legal sources;
1.2.c) Decision-making process;
1.2.d) European Union Law in the Member States’ legal systems.
1.3. Judicial protection in the EU (27 h)
1.3.a) general issues;
1.3.b) Structure and organization of the European Court of Justice;
1.3.c) Judicial control on the Member States’ behaviors;
1.3.d) Judicial Control on the Institutions’ behaviors;
1.3.e)Preliminary Rulings;
1.3.f) “Secondary” competences;
1.3.g) Judicial protection within the Member States;
1.4 EU Objectives and Competences (12 h)
1.4.a) EU values and objectives;
1.4.b) EU citizenship;
1.4.c) EU Competences;
1.4.d) Italian participation to the European integration project.

2. EU Policies (24 h)
2.1 EU Policies having effects on the economic activities (21 h)
2.1.1 Internal Market;
2.1.2 Free movement of Goods;
2.1.3 Free movement of workers, freedom of establishment, freedom to provide services and free movement of capitals;
2.1.4 Effects of the area of freedom, security and justice on the well-functioning of the internal market;
2.1.5 Common Policy of Transports e Common Agricultural Policy;
2.1.6 Competition, Fiscal policy and approximation of laws of Member States;
2.1.7 Economic and Monetary Policy,
2.1.8 Employment and Social Affairs.
2.2 The role of EU in the global context (3 h)
2.2.1 External action and “external actions”.

Teaching Methods

Frontal lesson supported by materials available on the e-learning platform

Textbooks

A. Tizzano, A. Adam, Manuale di diritto dell’UE, Torino: Giappichelli, last ed.

Learning assessment

1. Number of the exam phases: 1
2. Exam objectives: verification of the student knowledge level about the principal course issues;
3. Exam methodology: oral exam
4. Timing: based on the Department exam calendar
5. Duration: 30 min
6. Typology: conversation
7. Exam final evaluation: the student will gain the minimum score when he will be able to demonstrate the acquisition of basic knowledge related to the institutional framework, to the source hierarchy, to the judicial protection and to the internal market discipline. The student will gain the maximum score when he will be able to demonstrate to have fully achieved the expected results, according to the Dublin indicators.

More information

Preparatory courses: Institutions of Public Law