Syllabus

Title
6112 European Law
Instructors
Dr. Peter Thalmann, M.Jur.(Oxford), Univ.Prof. Dr. Erich Vranes, LL.M.
Contact details
peter.thalmann@wu.ac.at;
Type
PI
Weekly hours
2
Language of instruction
Englisch
Registration
02/14/19 to 02/18/19
Registration via LPIS
Notes to the course
Subject(s) Master Programs
European Law
Dates
Day Date Time Room
Monday 02/25/19 05:00 PM - 07:00 PM D4.0.144
Wednesday 02/27/19 05:00 PM - 07:00 PM D4.0.039
Monday 03/04/19 05:00 PM - 07:00 PM D4.0.144
Wednesday 03/06/19 05:00 PM - 07:00 PM D2.0.326
Friday 03/08/19 03:00 PM - 05:00 PM D4.0.039
Monday 03/11/19 05:00 PM - 07:00 PM D4.0.144
Wednesday 03/13/19 05:00 PM - 07:00 PM D2.0.326
Friday 03/15/19 05:00 PM - 07:00 PM D4.0.133
Monday 03/18/19 05:00 PM - 07:00 PM D4.0.144
Wednesday 03/20/19 05:00 PM - 07:00 PM TC.4.14
Monday 03/25/19 05:00 PM - 07:00 PM D4.0.144

On this page:

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Contents
This course builds on and substantially deepens and develops further knowledge conveyed at undergraduate level. Its core contents are as follows (emphasis may differ from term to term in line with current developments):


• Constitutional foundations of the EU and recent developments (advanced);
• Internal market, fundamental freedoms, harmonisation (advanced);
• Economic and monetary union;
• Area of freedom, security, and justice;
• EU competition law (advanced).

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Learning outcomes
Upon completion of this course students will be able:


• to autonomously analyse and assess cases governed by EU law in areas covered by the course (see above);
• in particular, to properly apply the acquired knowledge to case solutions;
• and to understand and assess the implications of both current and future developments in EU law.

Moreover, this course promotes students' skills:

• to autonomously identify and effectively synthesise problems, both orally and in writing, and to provide for adequate solutions;
• to apply acquired knowledge in practice;
• and to independently develop acquired knowledge further, thereby allowing them to effectively keep pace with new legal developments.


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Attendance requirements
Attendance is compulsory. While students are allowed to miss two entire classes, successful passing of the course is not possible in case of absence going beyond that.
Students who miss the first class without prior notification of the lecturers will be deregistered from the course.
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Teaching/learning method(s)

European Law is a course with continuous assessment (PI) which combines elements of a traditional lecture with those of a seminar or tutorial, thereby enabling students to acquire an advanced understanding of the topics covered. Students are expected to get themselves acquainted with the topics of each class (see below) in advance.

Attendance is compulsory. Students are allowed to miss two entire classes though. Students who miss the first class without prior notification to the course convenors will be deregistered from the course.

The language of instruction throughout the course will be English.

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Assessment

Student performance will be assessed on the basis of three written exams, the first of which will take place in the second session (5 points), whereas the second (20 points) and third exam (25 points) will take place at the middle and at the very end of the course, respectively. An additional 5 points may be achieved through active participation in class.

Grading will be as follows: 0-24,5 points Nicht genügend (5), 25-32,5 points Genügend (4), 33-38,5 points Befriedigend (3), 39-44,5 points Gut (2), 45-50 points Sehr gut (1).

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Prerequisites for participation and waiting lists

Applicable to regular WU students only (not to incoming exchange students): Possible additional places will be allocated to students according to their position within the curriculum, not based upon their position on the waiting list.

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Readings
1 Author: Craig/de Búrca
Title:

EU Law: Text, Cases, and Materials

Publisher: Oxford University Press
Edition: 6. Auflage
Remarks: Students are free to use either the – highly recommendable, though more extensive – English language textbook by Craig/de Búrca (which also includes extracts from cases and other materials) or/and the German language textbook by Borchardt together with Pechstein's case-law collection (see below). As neither textbook, just as other textbooks currently available, covers all aspects of the course in due topicality and depth, the lecturers will specify and provide students with selected further readings via Learn@WU and/or e-mail, whenever appropriate.
Year: 2015
Recommendation: Essential reading for all students
Type: Book
2 Author: Borchardt
Title:

Die rechtlichen Grundlagen der Europäischen Union

Publisher: facultas.wuv
Edition: 6. Auflage
Remarks: Alternative textbook in German (see above), to be read in conjunction with Pechstein (see below)
Year: 2015
Type: Book
3 Author: Pechstein
Title:

Entscheidungen des EuGH: Kommentierte Studienauswahl

Publisher: Mohr Siebeck
Edition: 10. Auflage
Remarks: Case-law collection (in German only)
Year: 2018
Recommendation: Strongly recommended (but no absolute necessity for purchase)
Type: Book
4 Author: Stöger
Title:

Casebook Europarecht

Publisher: facultas.wuv
Edition: 3. Auflage
Remarks: Workbook including example cases for further self-study (in German only)
Year: 2014
Type: Book
5 Author: Whish/Bailey
Title:

Competition Law

Publisher: Oxford University Press
Edition: 9. Auflage
Remarks: Optional further reading
Year: 2018
Type: Book
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Recommended previous knowledge and skills

Participants are expected to have a solid knowledge of the general foundations of constitutional and substantive EU law.

 

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Availability of lecturer(s)

Directly in class and via e-mail (see above).

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Other

In addition to the textbook(s) mentioned above, students are also expected to bring along a copy of the relevant legal texts, notably the TEU, the TFEU, including protocols etc, as well as the Charter of Fundamental Rights. To this end we recommend Blackstone’s EU Treaties & Legislation, or, in case you prefer a German language collection of legal texts, the Kodex Europarecht. Home-made copies of the relevant legal texts must not be used at the exams.

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Inhalte der Lernplattform

Lecture slides are available online at Learn@WU (see “Learning activities”). There you can also find weekly updated content such as important judgments, journal and newspaper articles, videos, background information etc. These materials, which are not directly relevant for the exams, are designed to enable interested students to engage more deeply with the topics of the course.

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Unit details
Unit Date Contents
1

Human rights and multi-level governance

  • Sources of EU fundamental rights law
  • The legal status of the EU Charter of Fundamental Rights
  • Multi-level human rights protection: areas of conflict
  • The EU's accession to the ECHR

Craig/de Búrca chapter 11 / Borchardt § 4.C; Pechstein section F
2

First exam

As regards the first exam, students are expected to prepare the topics taught in the first session together with selected chapters from Craig/de Búrca: chapter 3 (competence), chapter 4 (instruments and hierarchy of norms), chapter 7 (direct effect), chapter 9 (supremacy), chapter 11 (human rights in the EU), and chapter 13 (preliminary rulings)

Subsequently

The internal market: fundamental issues and recent developments I

  • The fundamental freedoms as centre of gravity of EU integration
  • Fundamental freedoms: system and structure
  • Free movement of goods: system and recent developments

Craig/de Búrca chapters 17-19 / Borchardt §§ 7 and 9; Pechstein sections G.I-II
3

The internal market: fundamental issues and recent developments II

  • Free movements of workers: recent developments (notably third-party effects)
  • Freedom of establishment: system and recent developments
  • Freedom to provide services: system and recent developments

Craig/de Búrca chapters 21-22 / Borchardt § 10; Pechstein sections G.III-V
4

The internal market: fundamental issues and recent developments III

  • Free movement of capital: system and recent developments (notably protection against 'undesirable' foreign investments)
  • Free movement of payments: system and recent developments

Craig/de Búrca chapter 20.1-2 / Borchardt § 11; Pechstein section G.VI
5

Economic and monetary union (EMU): foundations und recent developments

  • Historical development of EMU
  • Current legal framework
  • Recent developments: crisis management and reform

Craig/de Búrca chapter 20.3-8 / Borchardt § 8
6

Second exam

 
7

Competition law I: State aids

  • Prohibition of state aids and exemptions
  • Services of general economic interest
  • Procedural rules, recovery of illegal state aid

Craig/de Búrca chapter 29 / Thalmann in Klamert, EU-Recht2 (2018) 354-364; Pechstein section H.V
8

Competition law II: Article 101 and 102 TFEU

  • Prohibition of anti-competitive agreements and exemption: selected cases
  • Prohibition of abuse of dominance: selected cases
  • Enforcement

Craig/de Búrca chapter 26-27 / Thalmann in Klamert, EU-Recht2 (2018) 301-350; Pechstein sections H.I-III
9

AFSJ I: Judicial and police cooperation in criminal matters

  • Judicial cooperation in criminal matters and national identity
  • Mutual recognition
  • Harmonisation

Craig/de Búrca chapter 25 / Thalmann in Klamert, EU-Recht2 (2018) 179-182, 194-200
10

AFSJ II: Migration law

  • Border control
  • Asylum law
  • Immigration law

Peers in Barnard/Peers (eds), European Union Law2 (2017) chapter 26 / Thalmann in Klamert, EU-Recht2 (2018) 182-192
11

Final exam

 
Last edited: 2019-03-03



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