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.
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.
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
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