LAW AND SOCIAL LEGISLATION EUROPEAN UNION
This course wishes to offer the conceptual bases to understand, analyse and interpret the European Union legal order with a specific focus on EU citizenship as a pull factor of social rights. In light of this, it will be possible to discuss the following critical points: a) cross-border mobility and social rights; b) the weakening of social rights as a consequence of the economic crisis; c) the EU intervention to safeguard social rights in the post-Covid19 pandemic scenario.
Origin and evolution of the European Union integration process. Values and objectives of the EU. Enlargement and withdrawal. Focus 1: social rights’ external sources: the European Social Charter and the International Covenant on Economical, Political and Social Rights. Competences: the principles of conferral, subsidiarity and proportionality. Focus 2: competences in the domain of social rights. The institutional framework: 1. The European Parliament; 2. The European Commission; 3) The Council and the European Council. The normative framework. The Treaties. The Charter of Fundamental Rights. Focus 3: The Charter’s Title V and the principle of solidarity. Secondary law. The ordinary legislative procedure. The preliminary ruling. European citizenship and free movement of persons. Focus 4: social rights and cross-border mobility. The European Pillar of Social Rights. Focus 5: economic crisis and weakening of social rights. Focus 6: EU social rights in the post-Covid19.
G. Strozzi, R. Mastroianni, Diritto dell’Unione europea. Parte istituzionale, 8th edition updated, 2020, Giappichelli.
Capitolo 1 (par. 1-9, 9.4, 9.5); capitolo 2 (par. 1-4.5, 5, 6, 8.7, 11-11.1); Capitolo 3 (par. 1-3); Capitolo 4 (par. 1-3, 5-6, 10-16), Capitolo 5 (par. 9-14), Capitolo 6 (par. 10-12).
Additional materials (legal acts and judgments) will be uploaded on the Elly platform.
Taught classes are devoted to illustrating the fundamental notions of the EU legal order as stemming from the founding Treaties, from secondary law and from the case law of the Court of Justice. The interaction between the lecturer and the students is promoted though discussions and the joint analyses of practical cases, in order to favour a constructive dialogue informed to the respect of the appropriate technical terminology.
Oral assessment: The oral exam consists of three questions, aimed at: a) verifying the knowledge of basic notions; b) the ability to link basic notions amongst them, taking into account the development of EU social rights; c) deepen specific aspects of the subject matter at stake.