Università Roma Tre

SYLLABUS
THE COURSE WILL BEGIN WITH AN OUTLINE OF THE EU INSTITUTIONAL STRUCTURE EXAMINING THE
FOUNDATIONAL DOCTRINES OF COMMUNITY LAW (DIRECT EFFECT, SUPREMACY, INDIRECT EFFECT,
EFFECTIVE REMEDIES, STATE LIABILITY). TOPICS WILL INCLUDE THE SYSTEM OF JUDICIAL REVIEW
(PRELIMINARY RULINGS, DIRECT JUDICIAL REVIEW AND ENFORCEMENT ACTIONS), AND THE EU APPROACH
TO THE PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS WITH A SPECIAL EMPHASIS
ON THE EUROPEAN CONVENTION ON HUMAN RIGHTS.
LEARNING AND TEACHING
THE COURSE IS MAINLY ORGANIZED IN SEMINARS, WITH AN INTRODUCTORY LECTURE ON THE LEGAL
CONCEPTS AND STRUCTURE OF THE EU LEGISLATIVE PROCEDURE. THE SEMINARS ARE AIMED
AT DEVELOPING CRITICAL CASE ANALYSIS SKILLS. PARTECIPANTS ARE PROVIDED WITH MATERIALS
AND IT IS MANDATORY THAT ALL ESSENTIAL READINGS BE COMPLETED. STUDENT PRESENTATIONS
ARE PART OF THE PROGRAMME.
CONTENTS
THE JURISDICTIONS OF THE COURT OF JUSTICE AND THE COURT OF FIRST INSTANCE IN THE INTERPRETATION
AND APPLICATION OF TREATY - ARTICLE 220 (EX 164) TEC. THE REVIEW OF THE
COURT OF JUSTICE ON THE LEGALITY OF ACTS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT
AND THE COUNCIL, OF ACTS OF THE COUNCIL, OF THE COMMISSION AND OF THE ECB (OTHER
THAN RECOMMENDATIONS AND OPINIONS) AND OF ACTS OF THE EUROPEAN PARLIAMENT INTENDED
TO PRODUCE LEGAL EFFECTS VIS-À-VIS THIRD PARTIES - ART 230 (EX 173) TEC. ITS JURISDICTION
IN ACTIONS BROUGHT BY A MEMBER STATE, THE COUNCIL OR COMMISSION ON
GROUNDS OF LACK OF COMPETENCE, INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT,
INFRINGEMENT OF THIS TREATY OR OF ANY RULE OF LAW RELATING TO ITS APPLICATION, OR
MISUSE OF POWERS - ARTICLE 230(2) TEC. ITS JURISDICTION IN ACTIONS BROUGHT BY THE EUROPEAN
PARLIAMENT AND BY THE ECB FOR THE PURPOSE OF PROTECTING THEIR PREROGATIVE -
ARTICLE 230(3) TEC. THE STANDING OF ANY NATURAL OR LEGAL PERSON IN PROCEEDINGS
AGAINST AN ACT ADDRESSED OR DIRECTLY AND INDIVIDUALLY CONCERNING HIM OR HER, AND
AGAINST A REGULATORY ACT WHICH IS OF DIRECT CONCERN TO HIM OR HER AND DOES NOT ENTAIL
IMPLEMENTING MEASURES - ARTICLE 230(4) TEC. ITS JURISDICTION TO GIVE PRELIMINARY RULINGS
CONCERNING: (A) THE INTERPRETATION OF THIS TREATY; (B) THE VALIDITY AND INTERPRETATION
OF ACTS OF THE INSTITUTIONS OF THE COMMUNITY AND OF THE ECB; (C) THE INTERPRETATION
OF THE STATUTES OF BODIES ESTABLISHED BY AN ACT OF THE COUNCIL, WHERE THOSE
STATUTES SO PROVIDE -ARTICLE 234 TEC (EX 177). COURT OF JUSTICE JUDGEMENTS OF VIOLA-TIONS OF OBLIGATIONS UNDER THE TREATY BY MEMBER - ARTICLE 228 TEC. THE JURISDICTION
IN ACTIONS OF NON-CONTRACTUAL LIABILITY OF THE COMMUNITY (ITS INSTITUTIONS OR BY ITS SERVANTS)
IN ACCORDANCE WITH THE GENERAL PRINCIPLES COMMON TO MEMBER STATES -ART
288 (EX 215) PARAGRAPH 2 TEC.

DE BURCA, G. AND WEILER J. (EDS), THE EUROPEAN COURT OF JUSTICE, OXFORD UNIVERSITY
PRESS, OXFORD, 2001.
DOUGAN, M., NATIONAL REMEDIES BEFORE THE COURT OF JUSTICE, HART PUBLISHING,
2004.
CRAIG, P. AND DE BURCA G., EU LAW. TEXT, CASES AND MATERIALS, OXFORD UNIVERSITY
PRESS, OXFORD, LAST ED.
FURTHER SOURCES AND INTERNET SITES:
JOURNAL ARTICLES ON THE EUROPEAN UNION (AVAILABLE AT THE ROMA TRE LIBRARY)
COMMON MARKET LAW REVIEW (CML REV)
EUROPEAN LAW JOURNAL (ELJ)
EUROPEAN LAW REVIEW (ELR)
JOURNAL OF COMMON MARKET STUDIES (JCMS)
GENERAL WEB ADDRESS: HTTP://EUROPA.EU.INT
COURTS’ WEB ADDRESS: HTTP://CURIA.EU.INT
TEXTS OF THE EC TREATIES AND THE TREATY OF EU:
HTTP://EUROPA.EU.INT/ABC/TREATIES_EN.HTM AT:
TEXT OF THE TREATY-CONSTITUTION AT:
HTTP://EUROPA.EU.INT/CONSTITUTION/INDEX_EN.HTM