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. 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. The EU Court of Justice and the infringement procedure and a general overview on the Preliminary ruling
Part II - The internal market: Custom Union
general remarks about the free movement of person; the free movement of goods (custom duties and charges having equivalent effects, quantitative restrictions and measures having equivalent effect, internal taxation).
Free movement of services, capitals and the freedom of establishment. The recognition of professional qualifications. The services Directive.
Institutional Part: The EU Legal order. Second Part: The EU internal Market (freedom of movements)
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 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
PART I- EU legal order
L. DANIELE, Diritto dell`Unione europea, Giuffré, 2022; Introduction (NO parr. 8, 10, 11, 12)
PART I (NO parr.7 and 8)
PART II (only parr. 1, 2 e 3)
PART III (NO parr. 7, 9.8, 11)
PART IV (NO par. 6)
PARTE V (only par. 1, 2, 6, 10)
PARTE VI (only parr. 1.1, 1.2, 2, 3, 4)
PART II - THE EU INTERNAL Market
L. DANIELE, IL MERCATO UNICO EUROPEO, GIUFFRE` 2021:
I, II (NO par. 6), IV, V,
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 exam (not compulsory) on Part I. The final grade will be the average between the mid term and the oral exam.
The grade of the mid term exam will be considered until February 2023. The grade of the mid term could be not accepted and the oral exam will cover the entire program.