ID:
M313
Tipo Insegnamento:
Opzionale
Durata (ore):
48
CFU:
6
SSD:
DIRITTO DELL'UNIONE EUROPEA
Url:
SCIENZE POLITICHE/BASE Anno: 3
Anno:
2024
Dati Generali
Periodo di attività
Secondo Semestre (03/02/2025 - 10/05/2025)
Syllabus
Obiettivi Formativi
This course has the aim to present the way the European Union interacts with third countries and international organizations in the international community, considering its ‘sui generis nature’. Students attending the course are expected to have knowledge of the way the EU institutions work and of international law. The course will:
• provide an understanding of how the EU as a subject of international law act in the international arena to achieve the objectives of EU external action;
• provide an overview of the Treaty rules on the competence of the EU institutions to act in the field of external relations as well as of the instruments through which the EU interacts with third countries and participates in international organizations;
• examine how Member States act in the Council or the European Council and interact with the Commission and the Parliament to shape the EU external action;
• Examine the role of the Court of Justice in promoting respect of international law;
• focus on the EU’s main external policy fields: the trade policy, the European Neighbourhood Policy, the Common Foreign and Security Policy, including restrictive measures. The course will also present the challenges posed by the enlargement for the EU, a policy field with implications for the EU external action.
• provide an understanding of how the EU as a subject of international law act in the international arena to achieve the objectives of EU external action;
• provide an overview of the Treaty rules on the competence of the EU institutions to act in the field of external relations as well as of the instruments through which the EU interacts with third countries and participates in international organizations;
• examine how Member States act in the Council or the European Council and interact with the Commission and the Parliament to shape the EU external action;
• Examine the role of the Court of Justice in promoting respect of international law;
• focus on the EU’s main external policy fields: the trade policy, the European Neighbourhood Policy, the Common Foreign and Security Policy, including restrictive measures. The course will also present the challenges posed by the enlargement for the EU, a policy field with implications for the EU external action.
Prerequisiti
The course presumes knowledge of international law and of EU institutional law as well as a basic understanding of the EU legal remedies.
Metodi didattici
Class attendance is compulsory. The course will be taught through a combination of lectures and interactive class discussion, based on the discussion of case studies, case law and reading materials. Students will receive in advance the relevant reading materials to prepare for classes. Lectures will provide the general framework for understanding the topics and class discussion will help the development of critical skills. Students must be prepared to discuss actively in class and to present the assigned reading materials to the class.
Verifica Apprendimento
The final exam for students attending the course will consist in the submission of a paper (2500 words max.) on a topic previously agreed with the course teacher, which will be discussed orally.
Points will be allocated as follows:
• 70% final paper
• 30% oral exam
The assessment criteria for the final paper will be the following:
1. Relevance to the question
2. Demonstration of understanding of the field
3. Organisation and structure of the answer
4. Evidence provided and its effective use (e.g., case law; scholarship)
5. Originality of treatment and ideas
6. Bibliography
A mid-term exam will be a formative work, aimed at practicing for the writing of the final paper.
Non-attending students will be assessed on the course materials either in a written exam or through a timed essay.
Points will be allocated as follows:
• 70% final paper
• 30% oral exam
The assessment criteria for the final paper will be the following:
1. Relevance to the question
2. Demonstration of understanding of the field
3. Organisation and structure of the answer
4. Evidence provided and its effective use (e.g., case law; scholarship)
5. Originality of treatment and ideas
6. Bibliography
A mid-term exam will be a formative work, aimed at practicing for the writing of the final paper.
Non-attending students will be assessed on the course materials either in a written exam or through a timed essay.
Testi
Relevant materials will be uploaded on the e-learning platform. The following are general reference works for the course:
[1] G Butler and RA Wessel (eds) EU External Relations Law: The Cases in Context, Hart Publishing 2022.
[2] M Cremona and B de Witte, EU Foreign Relations Law – Constitutional Fundamentals, Hart Publishing 2008.
[3] P Eeckhout, EU External Relations Law, 2nd ed OUP 2011.
[4] I Bosse-Platière and C Rapoport (eds) The conclusion and implementation of EU free trade agreements: constitutional challenges, Edward Elgar 2019.
[5] M Hahn and G Van der Loo (eds) Law and Practice of the Common Commercial Policy: The First 10 years after the Treaty of Lisbon, Brill 2020.
[6] PJ Kuijper, J Wouters, F Hoffmeister, G de Baere & T Ramopoulos, The Law of EU External Relations - Cases, Materials, and Commentary on the EU as an International Legal Actor, 3rd ed OUP 2021.
[7] N. Levrat, Y. Kaspiarovich, C. Kaddous and R. A. Wessel (eds), The EU and its Member States’ Joint Participation in International Agreements, Hart Publishing 2022.
[8] Ramses A Wessel & Joris Larik (eds), EU External Relations Law - Text, Cases and Materials, Hart Publishing 2020.
[9] Sanderijn Duquet, EU Diplomatic Law, OUP 2022.
[1] G Butler and RA Wessel (eds) EU External Relations Law: The Cases in Context, Hart Publishing 2022.
[2] M Cremona and B de Witte, EU Foreign Relations Law – Constitutional Fundamentals, Hart Publishing 2008.
[3] P Eeckhout, EU External Relations Law, 2nd ed OUP 2011.
[4] I Bosse-Platière and C Rapoport (eds) The conclusion and implementation of EU free trade agreements: constitutional challenges, Edward Elgar 2019.
[5] M Hahn and G Van der Loo (eds) Law and Practice of the Common Commercial Policy: The First 10 years after the Treaty of Lisbon, Brill 2020.
[6] PJ Kuijper, J Wouters, F Hoffmeister, G de Baere & T Ramopoulos, The Law of EU External Relations - Cases, Materials, and Commentary on the EU as an International Legal Actor, 3rd ed OUP 2021.
[7] N. Levrat, Y. Kaspiarovich, C. Kaddous and R. A. Wessel (eds), The EU and its Member States’ Joint Participation in International Agreements, Hart Publishing 2022.
[8] Ramses A Wessel & Joris Larik (eds), EU External Relations Law - Text, Cases and Materials, Hart Publishing 2020.
[9] Sanderijn Duquet, EU Diplomatic Law, OUP 2022.
Contenuti
The course will examine the objectives of the EU external action, the legal personality of the Union and the way the EU institutions, the European External Action Service and the Member States interact with third countries; the way the Treaty making powers are exercised and the procedure leading to the adoption of international agreements will be examined; the use of mixed agreements and of ‘EU only agreements’; the way the EU ensures respect of international law, the constraints under which the EU operates, considering that it is a ‘sui generis’ international organization, which can only act within the powers attributed to it by its Member States. Emphasis will be placed upon specific examples of EU external relations practice across a range of the following policy fields: trade policy, the European Neighbourhood Policy and the enlargement and the Common Foreign and Security Policy. The following topics will be covered in the course:
1. The legal nature of the EU and the objectives and principles of the EU external action
2. The EU competences and the external representation of the EU in international organizations
3. The Treaty making power, the exercise of the EU external competence and situations in which the EU has exclusive powers to conclude international agreements
4. The procedure to conclude international agreements in CFSP and in areas different from CFSP. The wide use of the mixed agreements
5. EU common commercial policy: objectives, scope and challenges in light of the WTO crises
6. EU common commercial policy: unilateral measures and the challenges posed by China
7. The EU’s engagement with non-self-governing territories in third countries of the EU neighbourhood
8. The EU and candidate countries
9. The EU and its relations with European countries not interested in acceding to the EU
10. The Common Foreign and Security Policy and its challenges
11. Restrictive measures
12. The Common Security and Defence Policy missions
1. The legal nature of the EU and the objectives and principles of the EU external action
2. The EU competences and the external representation of the EU in international organizations
3. The Treaty making power, the exercise of the EU external competence and situations in which the EU has exclusive powers to conclude international agreements
4. The procedure to conclude international agreements in CFSP and in areas different from CFSP. The wide use of the mixed agreements
5. EU common commercial policy: objectives, scope and challenges in light of the WTO crises
6. EU common commercial policy: unilateral measures and the challenges posed by China
7. The EU’s engagement with non-self-governing territories in third countries of the EU neighbourhood
8. The EU and candidate countries
9. The EU and its relations with European countries not interested in acceding to the EU
10. The Common Foreign and Security Policy and its challenges
11. Restrictive measures
12. The Common Security and Defence Policy missions
Risultati di Apprendimento Attesi
After following this course the student will:
• Have a critical understanding of the powers that the Council, the Commission, the High Representative of the Union for the Foreign Affairs and Security Policy and the Parliament have to shape the EU’s external action and of the role that the EU Court of Justice has in influencing the development of the EU external action;
• Have a critical understanding of the legal instruments which can be used to shape the external action;
• Be able to identify who can speak on behalf of the Union in the EU’s external action;
• Have a critical understanding of the complex relation between the EU institutions and the EU member States in managing the EU external action and on the implications of the duty of loyal cooperation;
• Have an understanding of the special relations between the EU and European countries that are candidates to EU membership and of the relations between the Union and its neighbours
• Examine the EU’s engagement with non-self-governing territories in third countries of the EU neighbourhood and the way the EU ensures to act in line with international law.
• Have a critical understanding of the powers that the Council, the Commission, the High Representative of the Union for the Foreign Affairs and Security Policy and the Parliament have to shape the EU’s external action and of the role that the EU Court of Justice has in influencing the development of the EU external action;
• Have a critical understanding of the legal instruments which can be used to shape the external action;
• Be able to identify who can speak on behalf of the Union in the EU’s external action;
• Have a critical understanding of the complex relation between the EU institutions and the EU member States in managing the EU external action and on the implications of the duty of loyal cooperation;
• Have an understanding of the special relations between the EU and European countries that are candidates to EU membership and of the relations between the Union and its neighbours
• Examine the EU’s engagement with non-self-governing territories in third countries of the EU neighbourhood and the way the EU ensures to act in line with international law.
Criteri Necessari per l'Assegnazione del Lavoro Finale
Essay topics 2024
Examples
1.‘How does the EU promote sustainable developments in its trade relations? The case of the ‘sustainable Development Chapters in EU Free Trade Agreements:’
2. ‘In recent post 2008 practice, EU bilateral trade agreements are precluded to have direct effect. This practice contrasts with the traditional silence of EU bilateral agreements over the effects of their provisions within the national legal order of the contracting parties. What are the main reasons for this shift?’
3.‘Does the EU respect the principle of people’s self-determination? Does it act consistently with its objective of promoting respect of international law?’
4.‘Does the EU respect human rights in its trade relations: the case of the EU-Vietnan trade agreement?’
5.‘The ruling on the status of Kosovo in the case law of the ECJ: C-632/20 P, Spain v Commission.’
6.‘The Global Gateway and its objectives: could it be considered an instrument to counter the Chinese Belt and Road Initiative?’
7.‘How does the EU ensure that authors of crimes in Ukraine are brought to justice?’
8.‘Read Council Decision (CFSP) 2021/509 setting up the European Peace facility. What is the purpose of this instrument? How is the Facility funded? Are all Member States bound by this Decision? Why was the financial ceiling of this Facility increased? Which third country benefited from an assistance measure under this Facility? What is the assistance measure in question? How can the assistance measure be acceptable for Member States whose defence policy has a ‘specific character’ (art. 42(2)TEU)?’
9. ‘Read Case C-364/10 Hungary v Slovak Republic concerning the right to move within the territory of the Member States for a Head of State (the President of Hungary) and Diplomatic relations between Member States. You should: (a) briefly summarise the case and the issues raised by the parties to the case; (b) comment on the judgment of the Court of Justice: what was the main ruling in the case and what arguments the Court used; to what extent did the outcome of the case reflect the views of one or other party? (c) explain the significance of the case for the development of EU external action (data case-note).’
10.‘In the Lisbon Treaty there is a persistent legal duality between the CFSP and non- CFSP policies. How has the Court of Justice reduced the differences between CFSP and non-CFSP?’
11. ‘After 2016 the EU has sought to achieve strategic autonomy, which implies reducing dependence from others. Describe and comment the content of two pieces of EU secondary law (or Commission’s proposals) that are designed to achieve this objective.’
12. ‘What are the advantages of disadvantages for the EU of enacting restrictive measures independently of the UN?’
13.‘The EU’s position on Azerbaijan’s attack to Nagarono-Karabak’
14. ‘The EU-Swiss relations: causes and consequences of the failure to conclude the Institutional Agreement (InstA)’
15.‘What is an international agreement? Define the legal issues arising out of the case-law of the Court of Justice.’
16.‘Does the European Cour of Justice have competence on settlements of disputes on borders between Member States: the ruling of the Court in case C- 457/18, Republic of Slovenia v Republic of Croatia.’
17.‘Legal problems arising from the conclusion of informal agreements by the EU.' Why does the EU rely on informal agreements rather than on formal agreements? What is the procedure that is followed to conclude international agreement? Describe the EU memorandum with Tunisia of 2023 as an example of informal agreement.’
18. ‘Is the EU consistent in its reaction to the terrorist attack in Israel (7th October 2023) and to war in Gaza? Reflections on the position of the EU member States in the UNGA and UNSC.’
Examples
1.‘How does the EU promote sustainable developments in its trade relations? The case of the ‘sustainable Development Chapters in EU Free Trade Agreements:’
2. ‘In recent post 2008 practice, EU bilateral trade agreements are precluded to have direct effect. This practice contrasts with the traditional silence of EU bilateral agreements over the effects of their provisions within the national legal order of the contracting parties. What are the main reasons for this shift?’
3.‘Does the EU respect the principle of people’s self-determination? Does it act consistently with its objective of promoting respect of international law?’
4.‘Does the EU respect human rights in its trade relations: the case of the EU-Vietnan trade agreement?’
5.‘The ruling on the status of Kosovo in the case law of the ECJ: C-632/20 P, Spain v Commission.’
6.‘The Global Gateway and its objectives: could it be considered an instrument to counter the Chinese Belt and Road Initiative?’
7.‘How does the EU ensure that authors of crimes in Ukraine are brought to justice?’
8.‘Read Council Decision (CFSP) 2021/509 setting up the European Peace facility. What is the purpose of this instrument? How is the Facility funded? Are all Member States bound by this Decision? Why was the financial ceiling of this Facility increased? Which third country benefited from an assistance measure under this Facility? What is the assistance measure in question? How can the assistance measure be acceptable for Member States whose defence policy has a ‘specific character’ (art. 42(2)TEU)?’
9. ‘Read Case C-364/10 Hungary v Slovak Republic concerning the right to move within the territory of the Member States for a Head of State (the President of Hungary) and Diplomatic relations between Member States. You should: (a) briefly summarise the case and the issues raised by the parties to the case; (b) comment on the judgment of the Court of Justice: what was the main ruling in the case and what arguments the Court used; to what extent did the outcome of the case reflect the views of one or other party? (c) explain the significance of the case for the development of EU external action (data case-note).’
10.‘In the Lisbon Treaty there is a persistent legal duality between the CFSP and non- CFSP policies. How has the Court of Justice reduced the differences between CFSP and non-CFSP?’
11. ‘After 2016 the EU has sought to achieve strategic autonomy, which implies reducing dependence from others. Describe and comment the content of two pieces of EU secondary law (or Commission’s proposals) that are designed to achieve this objective.’
12. ‘What are the advantages of disadvantages for the EU of enacting restrictive measures independently of the UN?’
13.‘The EU’s position on Azerbaijan’s attack to Nagarono-Karabak’
14. ‘The EU-Swiss relations: causes and consequences of the failure to conclude the Institutional Agreement (InstA)’
15.‘What is an international agreement? Define the legal issues arising out of the case-law of the Court of Justice.’
16.‘Does the European Cour of Justice have competence on settlements of disputes on borders between Member States: the ruling of the Court in case C- 457/18, Republic of Slovenia v Republic of Croatia.’
17.‘Legal problems arising from the conclusion of informal agreements by the EU.' Why does the EU rely on informal agreements rather than on formal agreements? What is the procedure that is followed to conclude international agreement? Describe the EU memorandum with Tunisia of 2023 as an example of informal agreement.’
18. ‘Is the EU consistent in its reaction to the terrorist attack in Israel (7th October 2023) and to war in Gaza? Reflections on the position of the EU member States in the UNGA and UNSC.’
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