Fall Semester (October 1 - December 20, 2019)
European Integration Law 2019
Prof. Emanuela Pistoia
(includes a 2-CFU module on EU Law for Syllabus + Non-EU Students, which is required for all non-EU students taking this course.)
Fall Semester, 2019 (starting 1 October)
Mon 12-14; Tues 10-12; Fri 16-18
Students who have never studied EU Law before are invited* to attend 8 extra seminars on the fundamentals of EU law (Mon 17.45-19.30; Tues 8-10 – from 3 Oct until 30 Oct), corresponding to 2 extra CFU
*For non-EU students attendance is compulsory
“European Integration Law” is an advanced course of European Union Law. It focuses on some selected topics that should be already relatively familiar to students, with the purpose of providing an in-depth knowledge of the relevant case-law of the Court of Justice of the European Union (CJEU) and the doctrinal debate and raising awareness on the nature of the EU as a supranational organization. Those topics are as follows:
Course Learning Objectives:
- Constitutional principles of the European Union (direct effect, primacy and effectiveness of EU law, autonomy of the EU legal order, mutual trust).
- Human Rights in EU law (including relations with the European Convention of Human Rights in the case-law on the CJEU and the European Court of Human Rights and the accession of the EU to the Convention)
- EU citizenship.
- To familiarize participants with the EU judicial system and with the role of the European Court of Human Rights.
Course Learning Activities
- To understand the constitutional model of the European integration at the current stage.
- To give insights into the leading cases of the Court of Justice of the European Union .
- To provide the tools whereby students should be able to identify relevant issues of EU law.
- To develop critical skills in the analysis and interpretation of the EU legal order.
- To develop the ability to present a topic to a qualified audience and to discuss presentations.
Assessment tools (see also “Course Learning Activities”)
- Presentations prepared by students on pre-established topics. The relevant supporting material will be indicated in due time.
- Discussion on topics presented by the Professor
- Writing of one short legal essay and peer review
- Presentations that students are required to prepare on pre-established topics (25%)
- Class discussion (25%)
- Final short written essay and, for opting students, an intermediate written essay with peer review (50%)
Attendance is required as inherently part of some assessment tools (see above). Moreover, admission to the intermediate essay and to the final essay is open to students who attended 2/3 of classes.
No textbook reading is required. However, the support of a textbook in English is useful to prepare presentations and/or to gain or improve one’s knowledge of specific topic(s).
Students should read the judgements listed below as well as a limited number of essays (typically 2 or 3) provided by the Professor.
Slides are also made available on the Roma Tre e-learning platform (http://elearning2.giur.uniroma3.it/).
(known as Taricco I
), Case C-105/14, 8 September 2015
Pretore di Salò
, Case 14/86, 11 June 1987
, Case 103/88, 22 June 1989
, Case C-106/89, 13 November 1990
Case C-105/06, 16 June 2005
, Case C-144/04, 22 November 2005
, Case C-555/07, 19 January 2010
Costa c. ENEL
, Case 6/64, 15 July 1964
, Joined Cases C-387/02, C-391/02 and C-403/02, 3 May 2005
, Case C- 119/05, 18 July 2007
, Case C-34/09, 8 March 2011
Zhu & Chen
, Case C-200/02, 19 October 2004
Consiglio Nazionale dei Geologi
, Case C-136/12, 18 July 2013
, Joined Cases C-6/90 and C-9/90, 16 November 1991
Brasserie du Pêcheur
, Joined Cases C-46/93 and C-48/93, 5 March 1996
M.A.S. & M.B
(known as Taricco II
), Case C-42/17, 5 December 2017
, Case 120/78, 20 February 1979
Åklagaren v. Åkerberg Fransson
, Case C-617/10, 26 February 2013
, Case C-399/11, 5 April 2013
, Joined Cases C-411/10 and C-493/10, 21 December 2011
Aranyosi and Căldăraru
, Joined Cases C-404/15 e C-659/15 PPU, 5 April 2016
C.K., H.F., A.S.
, Case C- 578/16 PPU, 16 February 2017
Opinion 2/13, 18 December 2014
, Case C-333/13, 11 November 2014
, Case C-67/14, 15 September 2015
, Case C-378/12, 16 January 2014
, Case C-145/09, 23 November 2010
, Case C-348/09, 22 May 2012
, Case C-400/12, 16 January 2014
B & Franco Vomero
Joined Cases C 316/16 and C 424/16, 18 April 2018
, Case C-434/09, 5 May 2011
, Case C-165/14, 13 September 2016
, Case 133/15, 10 May 2017
EUROPEAN COURT OF HUMAN RIGHTS (ECtHR):
v. United Kingdom, 18 February 1999
v. Ireland, 30 June 2005
v. Belgium and Greece, 21 January 2011
v. Latvia, 23 May 2016
||Presentation of the Course & Organization of the Activities
Concept of Supranationalism – The EU as a Supranational Organization
||Treaty rules, Regulations & Directives
Concept of Direct effect of Directives: discussion of cases and brainstorming on issues
||Case discussion: Fratelli Costanzo
||Student’s Presentation 1: Marleasing
Student’s Presentation 2: Pupino
||Case discussion: Mangold
Student’s Presentation 3: Bougnaoui
||Costa 1964 and conceptualization of primacy
Case discussion: Berlusconi
Student’s Presentation 4: Lucchini
||Are there limits to primacy? Brainstorming
Case discussion: Taricco
||Written exercise (NOT for assessment)
||Case discussion: Rewe Zentral
The principle of mutual recognition of national technical regulations and the raise of mutual trust as a cornerstone of the European integration
Mutual trust & judicial cooperation in criminal matters (the EAW)
||Mutual trust & judicial cooperation in civil matters
Mutual trust & asylum policy
Student’s Presentation 5: Dublin Regulation
Student’s Presentation 6: The European Arrest Warrant
||The EU & Human Rights
||Student’s Presentation 7: The Charter of Fundamental Rights of the EU: adoption, status pre- and post-Lisbon, outline of content.
Overview of Legal Issues – Art. 6 TEU
||The EU & Human Rights
||Scope of application of the Charter
The Member States & the Charter
Case discussion: Åklagaren v. Åkerberg Fransson
Case discussion: Kamberaj
The EU Institutions & the Charter
Case discussion: MES
||The ECHR & the EU
||Student’s Presentation 8: The European Convention on Human Rights
Introduction on the role of the ECHRs in the EU integration process: History & current Art. 6 TEU
Scope (as compared to the European Convention of Human Rights - ECHR).
Art. 52.3 of the Charter
||EU Charter vs. ECHR
Case discussion: Melloni
Student’s Presentation 9: Achbita
||EU Charter vs. ECHR
||Case discussion: Matthews (ECtHR)
Case discussion: Bosphorus (ECtHR)
The principle of equivalent protection
EU Charter & the Member States
Case discussion: Test-Achats
Short written essay + Peer review
||EU Charter vs. ECHR/mutual trust vs. Human rights
||M.M.S. by the ECtHR (facts of the case) + N.S. by the CJEU (facts of the case)
Brainstorming and solutions
|EU Charter vs. ECHR /mutual trust vs. Human rights
||Case discussion: Aranyosi and Căldăraru
Student’s Presentation 10: C.K., H.F., A.S.
||EU Charter vs. ECHR /mutual trust vs. Human rights
||Case discussion: Avotiņš (ECtHR)
The accession of the EU to the ECHR: Opinion 2/13
Student’s presentation 11: Right to entry and to reside in another member State of EU citizens and their family-members who are third country nationals in Directive 2004/38/CE
||circulation of inactive citizens
Case discussion: Dano
Student’s presentation 12: Alimanovic
Case discussion: Onuekwere
||Student’s presentation 13: Expulsion of EU citizens and their family-members who are third country nationals in Directive 2004/38/CE
Student’s presentation 14: Tsakouridis
Case Discussion: P.I.
||Student’s presentation 15: M.G.
Case Discussion: B & Franco Vomero
||Right of residence of family members
Case discussion: Zambrano
Student’s presentation 16: McCarthy
||Student’s presentation 17: Rendòn Marìn
Case Discussion: Ymeraga
||Case Discussion: Chavez-Vilchez
EU Law for non-EU students
An Introduction to the Legal Toolbox of the European Integration
Mon. 17.45-19.30; Tues. 8.30-10
8 Lectures starting Monday 1 October 2018 – 2 CFU
- Tues. 1 Oct.
The idea of European integration and the establishment of the European Communities in the 50s. The establishment of the European Union and its current identity in terms of objectives and competence.
The legal model: neither an international organization nor a federal state.
The state of integration post-Treaty of Lisbon
The Council of Europe and the European Convention on Human Rights and Fundamental Freedoms
- Mon. 7 Oct.
Including the path towards democracy.
Sources of EU law: Regulations vs. directives, uniform EU law vs. approximation of domestic legislation.
3) Tues. 8 Oct.
The Court of Justice: proceedings against Member States – actions for annulment and judicial protection of natural and legal persons – preliminary rulings.
4)Mon. 14 Oct.
Membership of the Union.
5)Tues. 15 October
Admission, enlargement process, withdrawal (… with a focus on Brexit!), control on the respect of the rule of law (current pending procedures)
The internal market: free circulation of goods, workers, self-employed people, businesses, services, capitals. Competition and State aids.
6)Mon. 21 October
The Economic and Monetary Union (incl. differentiated integration).
The Common foreign and Defence Policy (incl. differentiated integration).
7) Tues. 22 October
The migrant crisis in Europe.
8) Mon. 28 October
Topic to be chosen with students.