Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2016/2017
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: 
Dott.ssa PUGLIESE Sara
TUFANO Maria Luisa
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 accord 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) understanding skills of EU law and case-law through the textual and systematic analysis, aimed at put in relation the legal acts and case-law with the other EU legal order norms and principles;

Applying Knowledge and Understanding
through the case-study approach, team games, teaching materials published on the teacher website, the student will acquire:
a) skills to understand the EU law and case-law effect on the national normative, administrative and judicial system;
b) skills to apply norms and procedures to protect EU individual legal positions and to individuate burdens and opportunities offered by the EU law to the national and local Public Authorities and to the economic operators.

3) Making judgments
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 acquire 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.

4) Communication
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;

5)Lifelong Learning skills
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. Students will be requested to analyze EU law and case-law, forecasting the effects on the national legal and judicial system and the economic system.

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

Syllabus

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

The learning verification will consist in an oral exam where the student, to obtain the minimum score, should demonstrate, answering to several questions, the acquisition of the following knowledge and skills about:
EU legal order;
Legal source system;
The jurisdictional system;
The Internal market discipline;
The other sectorial polices;
The basic external action norms.
The student will be asked to analyze legal acts and case – law and to demonstrate the following skills:

2. Applying Knowledge and Understanding
a) skills to understand the EU law and case-law effect on the national normative, administrative and judicial system;
b) skills to apply norms and procedures to protect EU individual legal positions and to individuate burdens and opportunities offered by the EU law to the national and local Public Authorities and to the economic operators.

To obtain the maximum score, brief case – law and concrete situations and the student will demonstrate:

3) Making judgments
skills to f make a critical analysis of the effects of the EU law and policies on the national orders;
- problem solving skill, proposing solution hypothesis to the submitted problem;

4) Communication
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;

5)Lifelong Learning skills
critical analysis skills about the EU institutional and legal system and its policies.

More information

Preparatory courses: Institutions of Public Law