Ateneo - UPO

the course will focus on the instruments of protection of the EU financial interests.
Before going into details, the basic principles of the EU law will be summarised
Starting from primary statutory law (art. 325 TFEU), moving to secondary statutory law (directive 2017/1371; regulation 2017/1939) and to the CJEU case-law, the course will first introduce the students to the concept of ‘financial interest of the EU’. Secondly, the course will focus on the specific instruments set forth by the EU institutions to protect such interests. A special focus will be devoted to the entry into force of the European Public Prosecutor Office, due to investigate and prosecute misconducts affecting the financial interests of the EU

Students regularly attending the course can prepare the exam based on the materials that will be made available on the web platform.
Non attending students will prepare the course on these books:
- R. SCHÜTZE, AN INTRODUCTION TO EUROPEAN LAW, CAMBRIDGE UNIVERSITY PRESS, 2012, PART I AND II
- R. KOSTORIS, HANDBOOK OF EUROPEAN CRIMINAL PROCEDURE, SPRINGER 2019, PART I, N. 1; PART III, N. 4, PART IV, N. 7

familiarising students with basic concepts and with specific instruments tailored to the protection of financial interests of the EU

knowledge of EU law; proficiency in English

Due to the small number of stdents, the course will be organised in two parts. The first part (40 hours) will consist of lectures. The second part, will be a seminar, based on readings and in class discussions, followed by an individual research by the students. Each student will be assigned a topic, and will start researching it. Students will be tutored in the preparation of the final paper

PLEASE, CONTACT THE PROFESSOR ASAP TO TELL IF YOU WILL BE ABLE TO PARTICIPATE IN CLASS. THIS IS VERY IMPORTANT TO ORGANISE THE COURSE AND THE MATERIALS

ATTENDING STUDENTS:
students attending both the course and the seminar will be assigned a topic. They will prepare a paper (2500 words max) which will be submitted BEFORE (at least 5 days) the day of the exam. The day of the exam, each student will present the paper orally, along with a ppt presentation.
NON ATTENDING STUDENTS:
written exam; 4 open questions about the manuals reported above

The course will first introduce students to the general functioning of the EU institutions and to the legislative procedure.
Then, the course will approach the concept of ‘financial interest of the EU, in primary statutory law (art. 325 TFEU), in secondary statutory law (directive 2017/1371; regulation 2017/1939) and in the CJEU case-law.
Afterwards, the focus will be on the different tools to protect such interest, with special attention to: the brand-new office of the European Public Prosecutor; the role of OLAF; freezing of assets; the role of VAT as a part of the EU financial interest and how to protect it equally within the MSs.

the students will get familiar with the EU institutions and with the pieces of legislation relevant to the protection of the EU financial interests. Such concepts are of paramount importance for practitioners in the whole area of financial business.