Insegnamento a.a. 2026-2027

21086 - RULES AND POLITICAL ACTORS - MODULE 1: LAW AND POLICIES OF EUROPEAN UNION (ADVANCED)

Department of Law


Course taught in English
Go to class group/s: 49
GLOBE (6 credits - I sem. - OB  |  GIUR-10/A)
Course Director:
ELEANOR SPAVENTA

Classes: 49 (I sem.)
Instructors:
Class 49: ELEANOR SPAVENTA


Mission & Content Summary

MISSION

EU external action has rarely been more contested or more legally consequential than now. War on the Union’s eastern border has rewritten the politics of sanctions, defence and enlargement. A new generation of regulatory instruments — in trade defence, foreign-subsidies control, investment screening, critical raw materials, and economic-coercion response — has folded trade policy and security policy into a single political and legal frame. The Court of Justice has reshaped its case law on the autonomy of the EU legal order and on the EU’s relationship with international law. The course takes these developments as its starting point. It asks how the EU exercises power in its external relations, how the Treaties and the Court of Justice frame that power, and how political and economic forces drive the evolution of the legal system. Legal analysis is the course’s primary mode of enquiry. Where appropriate, the course also engages with insights from the wider literature on international relations and the political economy of EU external action.

CONTENT SUMMARY

— Constitutional foundations of EU external action:

•     Structural principles of EU external action

•     Treaty-making procedure.

•     Foreign policy doctrine and EU strategic agendas

 — The EU as an international actor in the geopolitical landscape:

•     Autonomy of the EU legal order and its implications .

•     Effects of international agreements within the EU legal order.

•     Common Commercial Policy and ‘open strategic autonomy’.

•     The strategic-autonomy regulatory acquis.

•     Common Foreign and Security Policy and Common Security and Defence Policy.

•     Restrictive measures and judicial review.

- The EU as a regional legal actor and the politics of enlargement:

•     EU association arrangements 

•     European Neighbourhood Policy; the ‘Wider Europe’ frame

•     The Treaty framework for accession and withdrawal (Articles 49 and 50 TEU)


Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

At the end of the course the student will be able to:

•     Identify the constitutional foundations and structural principles governing EU external action.

•     Describe EU treaty-making procedure and the regime of mixed agreements.

•     Illustrate the Court of Justice’s autonomy doctrine and its consequences.

•     Compare the legal regimes of the Common Commercial Policy, the Common Foreign and Security Policy, restrictive measures, and the strategic-autonomy regulatory acquis.

•     Situate the EU’s proximity and enlargement policies in the legal and political-science literature on integration, conditionality and the ‘Wider Europe’.

•     Identify the limits and risks of generative AI in advanced legal and policy work, with reference to legal authority and source verification.

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

At the end of the course the student will be able to:

•     Justify the legal basis, competence category and procedure for a given external-action scenario.

•     Analyse Treaty provisions, secondary law and recent case law at the interface of EU law and international law.

•     Examine the EU’s proximity, enlargement and withdrawal policies through both legal and political-science lenses.

•     Design a coherent legal-policy position on a contested external-relations file.

•     Evaluate AI-generated case summaries, draft memos and policy materials against the original judgments and primary sources.


Teaching methods

  • Lectures
  • Guest speaker's talks (in class or in distance)
  • Practical Exercises
  • Individual works / Assignments
  • Collaborative Works / Assignments

DETAILS

The course is built around lectures and case-law discussion. The doctrinal narrative runs from the Treaties and the leading judgments of the Court of Justice through to the operational instruments of EU external action, with recent developments — a new judgment, a Council decision, a sanctions package, an accession milestone — woven into the relevant sessions as they arise.

Where helpful, guest speakers from the EU institutions, the diplomatic service or academia are invited to contribute.

Student-led work is also envisaged. This may take the form of short briefings on a leading judgment, the discussion of a recent development brought in by one of the groups, a structured debate on a contested question, or a simulation. The simulation might include a Council negotiation, a mock hearing before the Court, a treaty-making exercise, the drafting of an Advocate General’s opinion.


Assessment methods

  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
    x
  • Individual Works/ Assignment (report, exercise, presentation, project work etc.)
x    
  • Collaborative Works / Assignment (report, exercise, presentation, project work etc.)
x    
  • Active class participation (virtual, attendance)
x    

ATTENDING STUDENTS

For attending students, the final grade is composed of a written exam (70%) and a continuous-assessment component (30%) based on the simulation or equivalent in-class exercise selected by the instructor, including the group’s preparation, in-class performance and associated deliverables. The written exam tests the ability to analyse Treaty provisions, secondary law and case law in EU external relations, to apply them to a structured scenario, and to communicate a clear legal argument. The exam is closed book. AI use is prohibited during the written exam.

 


NOT ATTENDING STUDENTS

For not attending students, the written exam is 100% of the mark, aimed at assessing the students' ability to to analyse Treaty provisions, secondary law and case law in EU external relations, to apply them to a structured scenario, and to communicate a clear legal argument.


Teaching materials


ATTENDING AND NOT ATTENDING STUDENTS

Teaching materials consist of specialist articles and chapters from books, case law, policy documents etc, as well as the slides used during the lectures. Where possible, and consistently with copyright, teaching materials are uploaded on Bboard; where teaching material cannot be directly uploaded detailed references are given on Bboard.

Last change 25/05/2026 17:48