The module will illustrate the different categories of sources (custom, treaty and third degree sources) and their mutual relationships. The implementation of the sources will be addressed both in reference to the internal legal systems of the States (adaptation of the state system to international law with particular regard to the Italian legal system), and with reference to the ascertainment of the law in international law (disputes and their solution) ) and of the international responsibility relationship.
The module will illustrate the different categories of sources (custom, treaty and third degree sources) and their mutual relationships. The implementation of the sources will be addressed both in reference to the internal legal systems of the States (adaptation of the state system to international law with particular regard to the Italian legal system), and with reference to the ascertainment of the law in international law (disputes and their solution) ) and of the international responsibility relationship.
The constitution of the European Union. The legal order of the EU: the EU as a creation of law and a Community based on law. The Institutions of European Law. The European Union’s vertical order of competences. European citizenship.
Texts of the Treaty on European Union and the Treaty on the Functioning of the EU indicated in the section on bibliography constitute indispensable tool teaching. Are also important teaching tool references type of case law that will be indicated by the teacher during the course of the course. The final examination can not be passed if the student does not give proof of knowledge of the basic provisions of the European Treaties (Treaty on European Union and the Treaty on the Functioning of the European Union) further discussed in Module 3.
Sources of European Union law. The legislative process in the EU. The position of Union Law in relation to the legal order as a whole. The EU system of legal protection. The Court of Justice as an essential element in the definition of the European Law - Treaty infringement proceedings; action for annulment and complaints for failure to act; preliminary rulings. The position of Italy in relation to the European legal order.
From European Communities to European Union (EU)
The Character of Community Law and European Law
Values and objectives of the EU
The position of the Members State of the Union
Political institutions of the Union (European Parliament, Commission, European Council, the Council and other Bodies of EU)
Principles governing the competences of the European Law (exclusive and non exclusive competence): Subsidiarity and proportionality.
The Role of the national Parliaments
The citizens of the Union
The decision making process within the EU
Sources of law of the European Union
Form of Union law (Primary Union Law, Secondary or derivered Union Law)
Legislative acts and non legislative acts
International Agreements concluded by the Union
Fundamental rights and general principles of Union law
The interpretation of Union law
Effect in the national legal system
The principles of primacy and full effectiveness of Union law
Direct effect of Union law
Direct applicability of Union law
Hierarchy of Union Law
Incorporation of Union law in members states’ legal system (specially in Italy)
The European Court of Justice (ECJ)
Jurisdiction and Powers
Actions for failure to fulfil obligations: infringement procedure
Actions for annulment
Actions for failure to act
Application for compensation based on non-contractual liability
References for a preliminary ruling
B. Conforti – M. Iovane, Diritto Internazionale, Napoli 2018
B. Conforti – M. Iovane, Diritto Internazionale, Napoli 2018
R. ADAM, A. TIZZANO, Lineamenti di diritto dell’ Unione Europea, Giappichelli Editore,Torino,IVed.,2016.
Per la raccolta dei testi dei trattati:
B. NASCIMBENE, Unione europea. Trattati, Giappichelli Editore, Torino, IV ed. 2017 o altro codice scelto dallo Studente
R. ADAM, A. TIZZANO, Lineamenti di diritto dell’ Unione Europea, Giappichelli Editore,Torino, IV ed., 2016.
B. NASCIMBENE, Unione europea. Trattati, Giappichelli Editore, Torino, IV ed. 2017