Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2017/2018
Belonging course: 
Course of 5-year Single Cycle Master's Degree Programme on LAW
Location: 
Napoli
Disciplinary sector: 
EUROPEAN UNION LAW (IUS/14)
Language: 
Italian
Credits: 
9
Year of study: 
4
Teachers: 
Dott.ssa PUGLIESE Sara
Cycle: 
First Semester
Hours of front activity: 
72

Language

Italian

Course description

The general objective of the course is offering to the students deep knowledges and know-how about the institutional, legal and judicial EU system.
Acquisition by the students of knowledge related to:
- the EU legal order;
- the EU source hierarchy;
- the judicial system;
- the EU competence system;
- the EU external action;
- some focal issues in the present debate concerning, specifically, the EU values, the evolution of institutional system; the Brexit, the individual right protection.

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 (specifically, availability to appeal to the Court of Justice; availability to invoke before a judge the direct effect of some norms or raise the reference for a preliminary ruling).

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

Team platform code: 63gcs2v
1. EU Institutional framework (54 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 (18 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 (18 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) External Action
1.4.e)Italian participation to the European integration project.
2.1 EU values;
2.2 Principle of loyal cooperation and Brexit;
2.3 Consequences of the failed adhesion of EU to the European Convention of Human Rights (ECHR);
2.4 European citizens’ initiative;
2.5 The infringement procedure after ten years from the Treaty of Lisbon signature;
2.6 Recourses against acts of execution;

Teaching Methods

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

Textbooks

Institutional Part:
R. Adam, A. Tizzano, Lineamenti di diritto dell’Unione europea, Torino: Giappichelli, u.e.
alternatively
A.L. Valvo, Istituzioni di diritto dell’Unione europea, Torino: Giappichelli, 2019
In-depth Part:
L. S. Rossi, Il valore giuridico dei valori. L’Articolo 2 TUE: relazioni con altre disposizioni del diritto primario dell'UE e rimedi giurisdizionali;
M. Condinanzi, C. Amalfitano, La procedura di infrazione dieci anni dopo Lisbona

F. Battaglia, Il principio di leale cooperazione nel Trattato di Lisbona. Una riflessione sulle vicende legate al recesso del Regno Unito dall'Unione europea;
I. Anrò, Carta dei diritti fondamentali dell'Unione europea e CEDU: dieci anni di convivenza;

M. Inglese, L'iniziativa dei cittadini europei a dieci anni dal Trattato di Lisbona: tra consolidate criticità e inesplorate prospettive;

C. Burelli, Le misure di esecuzione
ex articolo 263, quarto comma,
TFUE a dieci anni da Lisbona. Effettivo
ampliamento della legittimazione a impugnare dei soggetti privati?

(articles published in the review “Federalismi”, Issue n. 19/2020, Special Issue “I dieci anni del Trattato di Lisbona: spunti per il futuro dell’Europa” available on line to the link https://www.federalismi.it/focus/index_focus.cfm?FOCUS_ID=121&focus=special )

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 competence system and basic external action norms.
Relevant Issues of the present debate deepened in the in-depth part.
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