COURSES AND SEMINARS (ES)

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.)

Course Description

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:
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
Course textbook(s)
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

   

1. Tues. 1 Oct.

 

2. Mon. 7 Oct.

3) Tues. 8 Oct.
4)Mon. 14 Oct.
5)Tues. 15 October
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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