DIRITTO INTERNAZIONALE ED EUROPEO

Course Structure

• The making of international law and implementation

  The module will illustrate the different categories of sources (custom, treaty and third degree sources) and their mutual relationships. The implementation of the sources will be addressed both in reference to the internal legal systems of the States (adaptation of the state system to international law with particular regard to the Italian legal system), and with reference to the ascertainment of the law in international law (disputes and their solution) ) and of the international responsibility relationship.

• The making of international law and implementation

  The module will illustrate the different categories of sources (custom, treaty and third degree sources) and their mutual relationships. The implementation of the sources will be addressed both in reference to the internal legal systems of the States (adaptation of the state system to international law with particular regard to the Italian legal system), and with reference to the ascertainment of the law in international law (disputes and their solution) ) and of the international responsibility relationship.

• European Union Legal System

  The constitution of the European Union. The legal order of the EU: the EU as a creation of law and a Community based on law. The Institutions of European Law. The European Union’s vertical order of competences. European citizenship.

  Texts of the Treaty on European Union and the Treaty on the Functioning of the EU indicated in the section on bibliography constitute indispensable tool teaching. Are also important teaching tool references type of case law that will be indicated by the teacher during the course of the course. The final examination can not be passed if the student does not give proof of knowledge of the basic provisions of the European Treaties (Treaty on European Union and the Treaty on the Functioning of the European Union) further discussed in Module 3.

• Sources of European Union law - Relations between EU law and Italian law - Jurisprudential protection

  Sources of European Union law. The legislative process in the EU. The position of Union Law in relation to the legal order as a whole. The EU system of legal protection. The Court of Justice as an essential element in the definition of the European Law - Treaty infringement proceedings; action for annulment and complaints for failure to act; preliminary rulings. The position of Italy in relation to the European legal order.

Detailed Course Content

• The making of international law and implementation
  • Customary law
  • General principles of law
  • The law of treaties
  • International legislation
  • International court and tribunal
  • The law of responsibility Sanctions, countermeasures and collective security
  • Domestic law and their relationship with international law
• The making of international law and implementation
  • Customary law
  • General principles of law
  • The law of treaties
  • International legislation
  • International court and tribunal
  • The law of responsibility Sanctions, countermeasures and collective security
  • Domestic law and their relationship with international law
• European Union Legal System

  From European Communities to European Union (EU)

  The Character of Community Law and European Law

  Values and objectives of the EU

  The position of the Members State of the Union

  Political institutions of the Union (European Parliament, Commission, European Council, the Council and other Bodies of EU)

  Principles governing the competences of the European Law (exclusive and non exclusive competence): Subsidiarity and proportionality.

  The Role of the national Parliaments

  The citizens of the Union

• Sources of European Union law - Relations between EU law and Italian law - Jurisprudential protection

  The decision making process within the EU

  Sources of law of the European Union

  Form of Union law (Primary Union Law, Secondary or derivered Union Law)

  Legislative acts and non legislative acts

  International Agreements concluded by the Union

  Fundamental rights and general principles of Union law

  The interpretation of Union law

  Effect in the national legal system

  The principles of primacy and full effectiveness of Union law

  Direct effect of Union law

  Direct applicability of Union law

  Hierarchy of Union Law

  Incorporation of Union law in members states’ legal system (specially in Italy)

   

  The European Court of Justice (ECJ)

  Jurisdiction and Powers

  Actions for failure to fulfil obligations: infringement procedure

  Actions for annulment

  Actions for failure to act

  Application for compensation based on non-contractual liability

  References for a preliminary ruling

Textbook Information

• The making of international law and implementation

  B. Conforti – M. Iovane, Diritto Internazionale, Napoli 2018

• The making of international law and implementation

  B. Conforti – M. Iovane, Diritto Internazionale, Napoli 2018

• European Union Legal System

  R. ADAM, A. TIZZANO, Lineamenti di diritto dell’ Unione Europea, Giappichelli Editore,Torino,IVed.,2016.
  Per la raccolta dei testi dei trattati:
  B. NASCIMBENE, Unione europea. Trattati, Giappichelli Editore, Torino, IV ed. 2017 o altro codice scelto dallo Studente

• Sources of European Union law - Relations between EU law and Italian law - Jurisprudential protection

  R. ADAM, A. TIZZANO, Lineamenti di diritto dell’ Unione Europea, Giappichelli Editore,Torino, IV ed., 2016.

  B. NASCIMBENE, Unione europea. Trattati, Giappichelli Editore, Torino, IV ed. 2017