DEPARTMENT OF POLITICAL AND SOCIAL SCIENCES
Bachelor's Degree in History, Politics and International Relations
Academic Year 2016/2017 - 3° Year

DIRITTO INTERNAZIONALE ED EUROPEO

Teaching Staff

Learning Objectives

• La comunita' internazionale e i soggetti
  
  The international community and its law. Brief overview of the regulatory function, assessment and implementation of international law. The State as a subject of law and others subjects and of the international community. The position of the individual in the context of international legal relations.
• Le fonti e la loro attuazione
  
  The sources in international law. The nature of the main sources. The role of international organizations. The codification of international law. The implementation of international law in the legal systems of the states. Italian legal system and international law. The self-defense as a tool of coercive implementation of international law. International responsibility and the peaceful settlement of disputes.
• L'ordinamento giuridico dell'UE
  
  The goal is to prepare the student to deepen and reflection on the issues of EU law. The course aims to provide key knowledge about the legal system on which underpin the EU legal system. In particular, it aims to 'general framework’ of the Union's legal system in the light of its relationship between the intergovernmental method and the Community method and the division of powers with the Member States, analyzing in detail the historical evolution of the legal system , the institutional framework, the sources of EU law, the relationship between that law and the national law and decision-making.
• La tipologia delle fonti ed i rapporti tra il diritto dell'Unione e l'ordinamento italiano. La tutela giudiziaria nell'UE
  
  Module 4 is intended to provide key knowledge about judicial architecture on which underpin the EU legal system and the judicial protection of rights both within the EU and at national level, with particular attention to the role of the Court of Justice and with its competences. Particular emphasis is given to the Italy's position in the process of European integration. The knowledge of this system implies, in particular, the deepening of knowledge about the Union's judicial role. 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 4.

Detailed Course Content

• La comunita' internazionale e i soggetti
  
  The international community and its decentralized nature. Organization of the United Nations and the international community. The State as a subject of international law. Sovereignty and the constituent elements of the state and their evolution. Recognition between States. Intergovernmental organizations and the question of their legal status. The other entities whose subjectivity is recognized internationally. The position of the individual in international law. The protection of foreigners. The protection of fundamental human rights. The International crimes individual.
• Le fonti e la loro attuazione
  
  The international custom. The treaty: formation and legal regime. Acts of international organizations. The “jus cogens”. The adaptation of national legal systems to international law, particularly with regard to the Italian system. The internationally wrongful act and the international responsibility. Coercive Enforcement of international law. The UNcollective security system. The peaceful settlement of disputes. Arbitration and international jurisdiction.
• L'ordinamento giuridico dell'UE
  
  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. 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 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.
• La tipologia delle fonti ed i rapporti tra il diritto dell'Unione e l'ordinamento italiano. La tutela giudiziaria nell'UE
  
  The Eu system of legal protection. The position of Union Law in relation to the legal order as a whole . 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.