Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2021/2022
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: 
2
Teachers: 
Dott.ssa PUGLIESE Sara
Cycle: 
First Semester
Hours of front activity: 
72

Language

Italian (possible support in English language)

Course description

The general objective of the course is offering to the students deep knowledge and know-how about the institutional, legal and judicial EU system.
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 with the Dublin descriptors and with the Strategic and programming documents of Course:
1. 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;

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.

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

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, 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.

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 (60 h)
1.1. Origins and developments of the European integration process(6 h).
1.2 EU legal framework (21 h)
1.2.a) Institutions;
1.2.b) Sources;
1.2.c) Decision-making process;
1.3. Judicial protection in the EU (21 h)
1.3.a) 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.

Deepening Issues (12 h):
Supranationality and sovereignty in the present phase of the integration process: some reflections

EU Institutional framework (60 h)
1.1. Origins and developments of the European integration process(6 h).
1.2 EU legal framework (21 h)
1.3. Judicial protection in the EU (21 h)
1.4 EU Objectives and Competences (12 h)

Deepening Issues (12 h):
Supranationality and sovereignty in the present phase of the integration process: some reflections

Teaching Methods

Frontal lesson supported by materials available on the e-learning platform. Special part will be faced with the “flipped learning method”.
Test for exercise is available on the e-learning platform.
Deepening materials and case-law are available on the teams platform
Code: 63gcs2v

Textbooks

Institutional Part:
M. Dyson, F. de Witte, EU Law and Governance, Cambridge: Cambridge University Press, last edition (2022),
or
C. Barnard, S. Peers, European Union Law, Oxford: Oxford University Press, last edition;
or:
P. Craig, G. De Burca, EU Law: Text, Cases, and Materials, Oxford: Oxford University Press, last edition

Special Part:
M.L. Tufano e al. (a cura di), SOVRANAZIONALITÀ E SOVRANISMO IN TEMPO DI COVID-19, Bari: Cacucci, 2021:

- A. Sinagra, The Concept of Sovereignty and the European Union;
- L. Gussetti, The EU legal order as promoter of democracy in the world. The role of the European Court of Justice

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 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;
At the end, the student will be asked to face a subject of particular interest to verify:
5) Lifelong Learning skills
Ability to autonomously learn about specialistic issues.

During the course, it will be scheduled a intermediate test without evaluation

More information

Preparatory courses: Institutions of Public Law

Mutuazioni