Eu Procedural Law
A.Y. 2024/2025
Learning objectives
The teaching is aimed at providing students with the fundamental notions about litigation at the Court of Justice of the European Union, so as to let them to acquire a specialization useful for their professional future.
- Ability to re-elaborate legal principles and rules. The student must learn to ap-ply the concepts of law learned to concrete cases, through the study of the jurispru-dence of the Court of Justice of the European Union.
- Autonomy of judgment. The student must learn to take legal and sustainable positions with reference to the topics covered in the course.
- Mastery of legal terminology. The student must be able to express the acquired knowledge with argumentative consistency and language properties.
- Learning ability. Students progressively acquire the basic tools for updating their knowledge in the field covered by the course, applying, also with regard to the national context, the reference legislative and jurisprudential framework.
- Ability to re-elaborate legal principles and rules. The student must learn to ap-ply the concepts of law learned to concrete cases, through the study of the jurispru-dence of the Court of Justice of the European Union.
- Autonomy of judgment. The student must learn to take legal and sustainable positions with reference to the topics covered in the course.
- Mastery of legal terminology. The student must be able to express the acquired knowledge with argumentative consistency and language properties.
- Learning ability. Students progressively acquire the basic tools for updating their knowledge in the field covered by the course, applying, also with regard to the national context, the reference legislative and jurisprudential framework.
Expected learning outcomes
At the end of the course, the student must demonstrate to have acquired a thorough knowledge of the topics covered by the program, that is, in particular of the main institutes of the process that takes place before the European Union judge, proving to have familiarized with the trial categories of a "non-national" process, yet strongly connected with the daily needs of protection of the Union citizen, whose rights are no longer only of a state matrix, but are increasingly affected by a "community" derivation to which is associated with a peculiar form of jurisdictional protection.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
Attendance at the course presupposes knowledge, acquired through the study of European Union law, of the system of sources of Union law and of the overall framework of judicial remedies before the Court of Justice of the European Union.
In that context, issues relating to the structure and composition of the different bodies that make up the European Union's judicial system, as well as their concrete mode of functioning, will first be addressed.
The 'procedure' before the Courts of the Union (Court of Justice and General Court), both in direct actions and in references for a preliminary ruling (to which particular attention will be paid following the recent reform of the Statute of the Court of Justice, which transfers this jurisdiction in certain matters to the General Court) will then also be illustrated through a description of the actors and their modus operandi in the different procedural contexts.
The final aspiration is to illustrate a procedural practice that is important yet still relatively little known because it is not widely disseminated through the ordinary means of access to 'Community' case-law and, therefore, hitherto known only to a few 'specialists' in the field, in contrast to the substantive or material rules of the Union system, now familiar to a wide public of legal practitioners.
Attendance of a hearing of the Court of Justice or the General Court of the European Union in Luxembourg, with prior distribution and discussion of the relevant case files, is an integral part of the course.
In that context, issues relating to the structure and composition of the different bodies that make up the European Union's judicial system, as well as their concrete mode of functioning, will first be addressed.
The 'procedure' before the Courts of the Union (Court of Justice and General Court), both in direct actions and in references for a preliminary ruling (to which particular attention will be paid following the recent reform of the Statute of the Court of Justice, which transfers this jurisdiction in certain matters to the General Court) will then also be illustrated through a description of the actors and their modus operandi in the different procedural contexts.
The final aspiration is to illustrate a procedural practice that is important yet still relatively little known because it is not widely disseminated through the ordinary means of access to 'Community' case-law and, therefore, hitherto known only to a few 'specialists' in the field, in contrast to the substantive or material rules of the Union system, now familiar to a wide public of legal practitioners.
Attendance of a hearing of the Court of Justice or the General Court of the European Union in Luxembourg, with prior distribution and discussion of the relevant case files, is an integral part of the course.
Prerequisites for admission
The course is aimed at students who have passed the European Union Law and, preferably, Civil Procedure Law examinations.
Teaching methods
The course includes lectures (also with external speakers able to provide the 'point of view' of the various figures involved in the proceedings before the European Union judiciary), which will be complemented by seminar meetings, in which students will actively participate. Attendance is therefore strongly recommended, due to the structure of the teaching.
Teaching Resources
The study will be based first of all on the sources governing proceedings before the Court of Justice and the General Court of the European Union (Statute, Rules of Procedure, soft law acts, which can be found on the website https://curia.europa.eu/jcms/jcms/Jo2_7031/it/, the dissemination of which will be ensured to students, attending and not, via the MyAriel platform).
This study will be supplemented by some comments, article by article (arts. 19, 20, 21, 23, 23 bis, Statute, 47-51 Statute; arts. 96-97-99 RPCG), published in C. AMALFITANO - M. CONDINANZI - P. IANNUCCELLI (eds.), Le regole del processo dinanzi al giudice dell'Unione europea. Article-by-article commentary, Naples, Editoriale Scientifica, 2017,
as well as the following contributions:
C. AMALFITANO - M. CONDINANZI, Dalle modifiche istituzionali del 2012 al raddoppio del numero dei giudici del Tribunale dell'Unione: luci e ombre di una riforma (in)compiuta, in C. AMALFITANO - M. CONDINANZI (eds.), Il giudice dell'Unione europea alla ricerca di un assetto efficiente e (in)stabile: dall'aumento della composizione alla modifica delle competenze, Milan 2022, pp. 1-38.
C. AMALFITANO, Il futuro del rinvio pregiudiziale nell'architettura giurisdizionale dell'Unione europea, in Il Diritto dell'Unione europea, 2022, pp. 487-533, also made available to all students on MyAriel.
Other materials, especially judgments of the Union judiciary, will be indicated during the lectures and published on the MyAriel website.
This study will be supplemented by some comments, article by article (arts. 19, 20, 21, 23, 23 bis, Statute, 47-51 Statute; arts. 96-97-99 RPCG), published in C. AMALFITANO - M. CONDINANZI - P. IANNUCCELLI (eds.), Le regole del processo dinanzi al giudice dell'Unione europea. Article-by-article commentary, Naples, Editoriale Scientifica, 2017,
as well as the following contributions:
C. AMALFITANO - M. CONDINANZI, Dalle modifiche istituzionali del 2012 al raddoppio del numero dei giudici del Tribunale dell'Unione: luci e ombre di una riforma (in)compiuta, in C. AMALFITANO - M. CONDINANZI (eds.), Il giudice dell'Unione europea alla ricerca di un assetto efficiente e (in)stabile: dall'aumento della composizione alla modifica delle competenze, Milan 2022, pp. 1-38.
C. AMALFITANO, Il futuro del rinvio pregiudiziale nell'architettura giurisdizionale dell'Unione europea, in Il Diritto dell'Unione europea, 2022, pp. 487-533, also made available to all students on MyAriel.
Other materials, especially judgments of the Union judiciary, will be indicated during the lectures and published on the MyAriel website.
Assessment methods and Criteria
The examination will consist solely of an oral test: there will be no written tests.
The grade will be expressed in thirtieths, with the possible award of honours.
The grade will be expressed in thirtieths, with the possible award of honours.
IUS/14 - EUROPEAN UNION LAW - University credits: 6
Lessons: 42 hours
Professor:
Amalfitano Chiara
Shifts:
Turno
Professor:
Amalfitano ChiaraProfessor(s)