Syllabus

Title
0557 European Law
Instructors
Mag.Dr. Martina Almhofer, LL.M. (WU), BSc (WU)
Contact details
martina.almhofer@wu.ac.at
Type
PI
Weekly hours
2
Language of instruction
Englisch
Registration
09/19/19 to 09/23/19
Registration via LPIS
Notes to the course
Subject(s) Master Programs
European Law
Dates
Day Date Time Room
Friday 10/04/19 09:00 AM - 01:00 PM TC.4.02
Saturday 10/05/19 09:00 AM - 12:00 PM TC.4.02
Saturday 10/19/19 09:00 AM - 01:00 PM TC.4.04
Monday 10/28/19 03:00 PM - 05:00 PM TC.4.18
Saturday 11/02/19 09:00 AM - 01:00 PM TC.4.18
Saturday 11/16/19 09:00 AM - 01:00 PM TC.4.18
Monday 11/25/19 03:00 PM - 05:00 PM TC.4.17

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, with a focus on the EU Charter of Fundamental Rights (advanced);
• Internal market, fundamental freedoms, harmonisation (advanced);
• Economic and Monetary Union, with a focus on recent developements and the Banking Union;
• Area of freedom, security, and justice;
• EU competition law.

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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. Successful passing of the course is not possible in case of absence going beyond two classes (i.e. more than 4 hours).
Students who miss the first class without prior notification of the lecturer 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 (i.e. 4 hours)  though. Students who miss the first class without prior notification of the lecturer 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 two written exams:

The first exam will take place on Monday, 28 October 2019 (45 % of the overall grade) and the second exam on Monday, 25 November 2019 (45 % of the overall grade).

The residual 10 % of the overall grade may be achieved through active participation in the classes.

Grading will be as follows: 0 to 49.5 % Nicht genügend (corresponds to the grade 5), 50 to 62.5 % Genügend (corresponds to the grade 4), 63 to 74.5 % Befriedigend (corresponds to the grade 3), 75 to 87 % Gut (2), 87.5 % and more Sehr gut (corresponds to the grade 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. This will, in particular, apply to additional readings on the Economic and Monetary Union.
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
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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 4 October 2019

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

 

The internal market: fundamental issues and recent developments

  • The fundamental freedoms as centre of gravity of EU integration
  • Fundamental freedoms: system and structure

Craig/de Búrca chapter 17 / Borchardt § 7 ; Pechstein section G.II
2 5 October 2019

The fundamental freedoms I

  • Free movement of goods: system and recent developments
  • Free movements of workers: recent developments (notably third-party effects)

Craig/de Búrca chapters 18-21 / Borchardt §§ 9 and 10 / Pechstein sections G.I and III
3 19 October 2019

The fundamental freedoms II

  • Freedom of establishment: system and recent developments
  • Freedom to provide services: system and recent developments
  • Free movement of capital and payments: system and recent developments

Case study

Craig/de Búrca chapters 20 and 22 / Borchardt §§ 10 and 11 / Pechstein sections G.IV-VI
4 28 October 2019

First exam

  • EU Charter of Fundamental Rights
  • Internal market and fundamental freedoms

 
5 2 November 2019

Economic and monetary union (EMU), with a particular focus on recent developments and the Banking Union

  • Historical development of EMU
  • Current legal framework
  • The role of the ECB and other relevant actors at EU level
  • Recent developments: crisis management and reform
  • The Banking Union

Craig/de Búrca chapter 20 / Borchardt § 8; further specific reading materials will be provided prior to the class
6 16 November 2019

Competition law

  • State aid
  • Articles 101 and 102 TFEU

Craig/de Búrca chapters 26 to 29 / Thalmann in Klamert, EU-Recht2 (2018) chapter 8 / Pechstein section H

Area of Freedom, Security and Justice

  • Judicial and police cooperation in criminal matters
  • Migration law

Case study

Craig/de Búrca chapter 25 / Peers in Barnard/Peers (eds), European Union Law2 (2017) chapter 26 / Thalmann in Klamert, EU-Recht2 (2018) 179-200.
7 25 November 2019

Second exam

  • Focus on the Economic and Monetary Union, incl the role of the ECB and the Banking Union
  • EU Competition Law
  • Area of Freedom, Security and Justice
Last edited: 2019-09-18



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