Università Roma Tre

COURSE DESCRIPTION
“EUROPEAN JUDICIAL SYSTEM” IS AN ADVANCED COURSE OF EUROPEAN UNION LAW. IT FOCUSES ON SOME SELECTED TOPICS THAT SHOULD BE ALREADY FAMILIAR TO STUDENTS, WITH THE PURPOSE OF PROVIDING AN IN-DEPTH KNOWLEDGE OF THE RELEVANT CASE-LAW OF THE EUROPEAN COURT OF JUSTICE (ECJ). THOSE TOPICS ARE AS FOLLOWS:
1. THE IMPACT OF UNIMPLEMENTED DIRECTIVES ON DOMESTIC LEGAL ORDERS.
2. CRITICAL FEATURES OF THE EU JUDICIAL SYSTEM: LOCUS STANDI OF NATURAL AND LEGAL PERSONS IN THE ACTION FOR ANNULMENT, RELEVANCE OF QUESTIONS REFERRED FOR PRELIMINARY RULINGS.
3. CITIZENSHIP OF THE EU.
4. ENFORCEMENT OF EU COMPETITION LAW.
COURSE LEARNING OBJECTIVES:
- TO FAMILIARISE PARTICIPANTS WITH THE EU JUDICIAL SYSTEM AND THE LINK BETWEEN THE PROCEDURAL AUTHORITY OF THE MEMBER STATES AND THE REQUIREMENT OF AN EFFECTIVE JUDICIAL PROTECTION OF INDIVIDUAL RIGHTS ARISING FROM EU LAW.
- TO UNDERSTAND THE IMPACT OF EU LAW ON DOMESTIC LEGAL ORDERS OF THE MEMBER STATES.
- TO GIVE INSIGHTS INTO THE LEADING CASES OF THE ECJ.
- 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 OTHER STUDENTS
3) DISCUSSION OF CASES AS APPLICANTS/DEFENDANTS
4) MOCK TRIAL

ASSESSMENT TOOLS
1) PRESENTATIONS THAT STUDENTS ARE REQUIRED TO PREPARE ON PRE-ESTABLISHED TOPICS (10 SCORES)
2) CLASS DISCUSSION (10 SCORES)
3) FINAL SHORT WRITTEN ESSAY ON ONE JUDGEMENT/TOPIC PRESENTED BY STUDENTS, SELECTED AMONG THREE OF THOSE DISCUSSED IN CLASS (10 SCORES)

ATTENDANCE POLICY
ATTENDANCE IS REQUIRED AS INHERENTLY PART OF SOME ASSESSMENT TOOLS (SEE ABOVE). MOREOVER, ADMISSION 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 (WHATEVER) ENGLISH TEXTBOOK MAY PROVE USEFUL TO PREPARE PRESENTATIONS AND/OR TO GAIN OR IMPROVE ONE’S KNOWLEDGE OF SPECIFIC TOPIC(S).

JUDGEMENTS THAT STUDENTS ARE REQUIRED TO READ:
UNILEVER, CASE C-443/98, JUDGEMENT 26 SEPTEMBER 2000
LEMMENS, CASE C-226/97, JUDGEMENT 16 JUNE 1998
F.LLI COSTANZO, CASE 103/88, JUDGEMENT 22 JUNE 1989
KÜCÜKDEVECI, CASE C-555/07, JUDGEMENT 19 JANUARY 2010
MARLEASING, CASE C-106/89, JUDGEMENT 13 NOVEMBER 1990
PUPINO, CASE C-105/03, JUDGEMENT 16 JUNE 2005
PLAUMANN, CASE 25/62, JUDGEMENT 15 JULY 1963
JÉGO-QÉRÉ, CASE T-177/01, JUDGEMENT 3 MAY 2002
UPA, CASE C-50/00, JUDGEMENT 25 JULY 2002
CODORNIU, CASE C-309/89, JUDGEMENT 18 MAY 1994
GREENPEACE, CASE C-321/95P, JUDGEMENT 2 APRIL 1998
GARCIA AVELLO, CASE C-148/02, JUDGEMENT 2 OCTOBER 2003
ZHU & CHEN, CASE C-200/02, JUDGEMENT 19 OCTOBER 2004
ROTTMAN, CASE C-135/08, JUDGEMENT 2 MARCH 2010
MCCARTHY, CASE C-434/09, JUDGEMENT 5 MAY 2011
ZAMBRANO, CASE C-34/09, JUDGEMENT 8 MARCH 2011
TOSHIBA, CASE C-17/10, JUDGEMENT 14 FEBRUARY 2012
MANFREDI, JOINED CASES C-295/04 TO C-298/04, JUDGEMENT 13 JULY 2006
SOLVAY, CASE CASES C-109/10 P AND C-110/10 P, JUDGEMENT 25 OCTOBER 2011

COURSE TEXTBOOK(S)
NO TEXTBOOK READING IS REQUIRED. HOWEVER, THE SUPPORT OF A (WHATEVER) ENGLISH TEXTBOOK MAY PROVE USEFUL TO PREPARE PRESENTATIONS AND/OR TO GAIN OR IMPROVE ONE’S KNOWLEDGE OF SPECIFIC TOPIC(S).