Fall Semester (October 1 - December 21, 2018)
European Integration Law
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.)
Prof. Emanuela Pistoia, firstname.lastname@example.org
Fall Semester, 2018 (starting 2 October)
Mon 12-13.45; Tues 10.15-12; Fri 16-17.45
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 8.30-10 – 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.
- 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
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 provided by the Professor.
Slides are also made available on the Roma Tre e-learning platform (http://elearning2.giur.uniroma3.it/).
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