Studying Law at RomaTre

Academic Year 2019-2020

Fall Semester (October 1 - December 20, 2019)

Course

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)
7 CFU
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
 
Course Description
“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:
  1. Constitutional principles of the European Union (direct effect, primacy and effectiveness of EU law, autonomy of the EU legal order, mutual trust).
  2. 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)
  3. EU citizenship.

                                                                                                   
Course Learning Objectives:
- To familiarize participants with the EU judicial system and with the role of the European Court of Human Rights.
- 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.

Course Learning Activities
  1. Presentations prepared by students on pre-established topics. The relevant supporting material will be indicated in due time.
  2. Discussion on topics presented by the Professor
  3. Writing of one short legal essay and peer review


Assessment tools (see also “Course Learning Activities”)
  1. Presentations that students are required to prepare on pre-established topics (25%)
  2. Class discussion (25%)
  3. Final short written essay and, for opting students, an intermediate written essay with peer review (50%)

Attendance policy
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.

Course textbook(s)
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/).

Cases:
Taricco (known as Taricco I), Case C-105/14, 8 September 2015
Pretore di Salò, Case 14/86, 11 June 1987
F.lli Costanzo, Case 103/88, 22 June 1989
Marleasing, Case C-106/89, 13 November 1990
Pupino, Case C-105/06, 16 June 2005
Mangold,  Case C-144/04, 22 November 2005
Kücükdeveci, Case C-555/07, 19 January 2010
Costa c. ENEL, Case 6/64, 15 July 1964
Berlusconi, Joined Cases C-387/02, C-391/02 and C-403/02, 3 May 2005
Lucchini, Case C- 119/05, 18 July 2007
Zambrano, 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
Francovich, 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
Rewe Zentral, Case 120/78, 20 February 1979
Åklagaren v. Åkerberg Fransson, Case C-617/10, 26 February 2013
Melloni, Case C-399/11, 5 April 2013
N.S., 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
Dano, Case C-333/13, 11 November 2014
Alimanovic, Case C-67/14, 15 September 2015
Onuekwere, Case C-378/12, 16 January 2014
Tsakouridis, Case C-145/09, 23 November 2010
P.I., Case C-348/09, 22 May 2012
M.G., Case C-400/12, 16 January 2014
B & Franco Vomero, Joined Cases C 316/16 and C 424/16, 18 April 2018
McCarthy, Case C-434/09, 5 May 2011
Rendòn Marìn, Case C-165/14, 13 September 2016
Chavez-Vilchez, Case 133/15, 10 May 2017

EUROPEAN COURT OF HUMAN RIGHTS (ECtHR):
Matthews v. United Kingdom, 18 February 1999
Bosphorus v. Ireland, 30 June 2005
M.S.S. v. Belgium and Greece, 21 January 2011
Avotiņš v. Latvia, 23 May 2016


 
Date Topic Activity
1 Oct. Introduction Presentation of the Course & Organization of the Activities
Concept of Supranationalism – The EU as a Supranational Organization
4 Oct Direct Effect Treaty rules, Regulations & Directives
Concept of Direct effect of Directives: discussion of cases and brainstorming on issues
 
7 Oct Direct Effect Case discussion: Fratelli Costanzo
8 Oct Direct Effect Student’s Presentation 1: Marleasing
Student’s Presentation 2: Pupino
11 Oct Direct Effect Case discussion: Mangold
Student’s Presentation 3: Bougnaoui
14 Oct Primacy Costa 1964 and conceptualization of primacy
Case discussion: Berlusconi
Student’s Presentation 4: Lucchini
15 Oct Primacy Are there limits to primacy? Brainstorming
Case discussion: Taricco
 
21 Oct Written exercise (NOT for assessment)  
22 Oct Mutual Trust 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)
25 Oct
 
Mutual Trust 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
28 Oct 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

 
29 Oct 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
 
4 Nov 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
 
5 Nov EU Charter vs. ECHR
Case discussion: Melloni

Student’s Presentation 9: Achbita
 
8 Nov EU Charter vs. ECHR Case discussion: Matthews (ECtHR)

Case discussion: Bosphorus (ECtHR)
The principle of equivalent protection
11 Nov
EU Charter & the Member States

Case discussion: Test-Achats

12 Nov
 

Learning activity

Short written essay + Peer review
18 Nov 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

 
19 Nov

 
EU Charter vs. ECHR /mutual trust vs. Human rights Case discussion: Aranyosi and Căldăraru
Student’s Presentation 10: C.K., H.F., A.S.
 
22 Nov EU Charter vs. ECHR /mutual trust vs. Human rights Case discussion: Avotiņš (ECtHR)

The accession of the EU to the ECHR: Opinion 2/13
25 Nov European Citizenship Overview/History
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
26 Nov European Citizenship circulation of inactive citizens
Case discussion: Dano
Student’s presentation 12: Alimanovic
29 Nov European Citizenship Permanent residence
Case discussion: Onuekwere
 
2 Dec European Citizenship 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.
 
3 Dec
 
European Citizenship Student’s presentation 15: M.G.
Case Discussion: B & Franco Vomero
 
6 Dec
 
European Citizenship Right of residence of family members
Case discussion: Zambrano
Student’s presentation 16: McCarthy
Brainstorming
9 Dec European Citizenship Student’s presentation 17: Rendòn Marìn
Case Discussion: Ymeraga
10 Dec European Citizenship Case Discussion: Chavez-Vilchez
13 Dec Assessment Final essay






 
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
 
  1. 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
 
  1. Mon. 7 Oct.
Political Institutions.
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.
Admission, enlargement process, withdrawal (… with a focus on Brexit!), control on the respect of the rule of law (current pending procedures)
Differentiated integration.

5)Tues. 15 October
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.
 

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