B9709 - JUDICIAL PROTECTION IN THE EUROPEAN UNION

Learning outcomes

The course aims to give basic knowledge of the main actors, issues, and procedures that characterize the judicial system of the European Union's legal order. In particular, the focus will be on some structural principles of the EU legal order,the composition and functioning of the European Court of Justice,the judicial procedures designed to control the lawfulness of the action of the EU and the Member States, and the cooperation mechanisms involving the European Court of Justice and national judiciaries. In addition to this, the course aspires to shed light on the impact that judicial protection can have on the evolution of the European integration process, with an emphasis on the relations between the EU and the Member States

Course contents

The course focuses on the multilevel system of judicial protection of rights deriving from European Union law.

To this end, the following topics will be analysed:

• The judicial system of the European Union: constitutional framework and institutional aspects;
• The role of national courts and the legal instruments for ensuring the effective judicial protection of rights deriving from EU law;
• Preliminary ruling proceedings: institutional and procedural aspects;
• Direct actions, with particular emphasis on actions for annulment, infringement proceedings, and actions for damages;
• Proceedings before the Court of Justice of the European Union.

Readings/Bibliography

Teaching materials will be made available to students throughout the course via the Virtuale platform.

They will consist of extracts from EU primary and secondary law, judgments of the Court of Justice of the European Union and of national constitutional courts, as well as scholarly publications, including articles, book chapters, and commentaries on the EU Treaties and the Rules of Procedure of the Court of Justice and the General Court of the European Union.

Teaching methods

The teaching methods adopted in the course are designed to promote interaction between the lecturer and the students. Accordingly, the theoretical introduction to the topics covered is complemented by the study and discussion of practical case studies drawn from the case law of the Court of Justice of the European Union.

The aim is to enable students to gain an understanding of the practical functioning of the system of judicial protection in the European Union and to develop the ability to apply EU law to concrete situations.

Assessment methods

The final assessment will consist of an oral examination covering the topics listed under the Course contents section, as addressed in the teaching materials made available to students via the Virtuale platform.

The final mark (awarded on a scale of 30, with 30 cum laude as the highest distinction) will be based on the following assessment criteria:

• Knowledge and understanding of the concepts, principles and legal institutions covered by the examination, as well as the ability to apply them to concrete cases (70%);
• Appropriate use of legal and technical terminology, ability to analyse and assess the relevant legal sources, and acquisition of an appropriate method of legal reasoning and study (30%).

By way of example, the final mark will be awarded according to the following criteria:

• 18–21/30: sufficient or barely sufficient knowledge of the topics covered, limited critical analysis, poor command of legal terminology;
• 22–25/30: fair to good knowledge of the topics covered, satisfactory critical ability, and good command of legal terminology;
• 26–29/30: good to very good knowledge of the topics covered, good critical analysis, and confident command of legal terminology;
• 30–30 cum laude/30: comprehensive knowledge of the topics covered, excellent critical analysis, and full command of legal terminology.

Students' active participation in classroom discussions and debates will also be taken into account for assessment purposes. Such activities will also provide opportunities to monitor students' learning throughout the course.

Teaching tools

In addition to the teaching materials made available on the Virtuale platform, the lecturer will provide guidance on the principal legal databases and search engines through which students may access further information and useful materials concerning recent legislative developments and case law.

Office hours

See the website of Carlo Tovo