PUBLIC LAW AND EU LAW - MOD 2
The aim of the teaching course is to provide for a general knowledge of the functioning of EU legal order and EU market with reference to the freedoms of movement within EU territory and competition law. The student will have to reach a satisfactory level of knowledge of the several topics included in the program and to demonstrate the personal capacity of elaborating the concepts and the information acquired.
Part 1 (Module II, 24 hours)
EU legal order, origin and development: from the European Community to the European Union (with reference to the Lisbon Treaty). EU institutions and the legal framework: Primary law, EC Treaty and EU Treaty, general principle of EC Law, Human rights. Secondary Law: regulations, directives, decisions, no binding acts). The relationship between EU legal order and Italian legal order. The principle of primacy and direct effect.
Part II. (Module III, 24 hours)
The internal market: Custom Union and free movement of goods (custom duties and charges having equivalent effects, quantitative restrictions and measures having equivalent effect, internal taxation).
Free movement of persons, workers, services, capitals and the freedom of establishment. The recognition of professional qualifications. Competition law: the notions of undertaking and relevant market, rules applying to private conduct and the abuse of a dominant position, public undertakings and services of economic general interest, State aid; The reg. 1/2003 and the control power of the Commission and national Authorities on the application of competition law.
Lessons in class; mid-term exam (written, not compulsory), regarding the topics of Part I (if compatible with the organization of the course and the time-table). The mid-term exam will consists in 3-4 questions and open answers (duration: 1 h and 15 minutes approximately). Students participating in the mid-term exam will be evaluated in the oral exam only on topics included in Part II (the internal market)
EU LEGAL ORDER,
L. DANIELE, Diritto dell`Unione europea, Giuffré, 2018; Introduction (except parr. 8, 10, 11, 12)
PART I (except parr.7 and 8)
PART II (only parr. 1, 2 e 3)
PART III (except parr. 7, 9.8, 11
PART IV (except par. 6)
PARTE V (only par. 1, 2, 6, 9, 10)
PARTE VI (only parr. 2 and 3)
THE EU INTERNAL Market
L. DANIELE, IL MERCATO UNICO EUROPEO, GIUFFRE` 2016:
I, II (except par. 6), III, IV, V, VI (except par. 8) , VII
Oral exam, in order to verify the level of the knowledge acquired, the methodology followed (and suggested during the course). The duration of the exam will be about 15-20 minutes for each student; 3 questions (only 1 or 2 if the student has participated in the mid-term).