Syllabus

Title
5431 European Law
Instructors
Dr. Andreas Orator, LL.M. (NYU), diplômé (Sciences-Po), Univ.Prof. Dr. Erich Vranes, LL.M.
Contact details
  • Type
    PI
  • Weekly hours
    2
  • Language of instruction
    Englisch
Registration
02/17/22 to 02/25/22
Registration via LPIS
Notes to the course
Subject(s) Master Programs
Dates
Day Date Time Room
Monday 02/28/22 04:00 PM - 06:00 PM D3.0.233
Monday 03/07/22 04:30 PM - 06:00 PM D3.0.233
Monday 03/14/22 04:30 PM - 06:30 PM Online-Einheit
Monday 03/21/22 04:00 PM - 06:00 PM Online-Einheit
Monday 03/28/22 04:00 PM - 06:00 PM D3.0.233
Monday 04/04/22 04:00 PM - 06:00 PM TC.0.01 ERSTE
Friday 04/22/22 02:00 PM - 05:00 PM TC.2.01
Friday 05/06/22 02:00 PM - 05:00 PM TC.2.02
Friday 05/20/22 02:00 PM - 04:30 PM TC.2.02
Monday 05/30/22 04:00 PM - 06:00 PM TC.0.01 ERSTE

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 developments and the Banking Union;
• Area of freedom, security, and justice;
• EU competition law.

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.


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.

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.

Assessment

Student performance will be assessed on the basis of two written exams: The first exam will take place on Monday, 4 April 2022 (50 % of the overall grade) and the second exam on Monday, 30 May 2022 (50 % of the overall grade).

Additionally, extra points (up to 10 % of the overall grade) may be achieved through active participation.

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).

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.

Readings

1 Author: Craig/de Búrca
Title:

EU Law: Text, Cases, and Materials


Publisher: Oxford University Press
Edition: 7. 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 Streinz 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: 2020
Recommendation: Essential reading for all students
Type: Book
2 Author: Streinz
Title:

Europarecht


Publisher: C.F. Müller
Edition: 11. Auflage
Remarks: Alternative textbook in German (see above), to be read in conjunction with Pechstein (see below)
Year: 2019
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: Kopetzki et al
Title:

Casebook Europarecht


Publisher: Facultas
Edition: 1. Auflage
Remarks: Workbook including example cases for further self-study (in German only)
Year: 2019
Type: Book

Recommended previous knowledge and skills

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

 

Availability of lecturer(s)

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

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.

Inhalte der Lernplattform

Lecture slides are available online at Learn@WU (see “Learning activities”), as are mandatory readings for EMU law (cases, documents & papers).

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.

Unit details

Unit Date Contents
1

Human rights and multi-level governance

  • Sources of EU fundamental rights law
  • 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 12 / Streinz § 10; Pechstein section F

2

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 18 / Streinz § 11, sections I., II. and VI.; Pechstein section G.II

3

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 19, 20, 22, 24 / Streinz § 11, sections III., IV.1.-2. / Pechstein sections G.I and III

4

The fundamental freedoms II

  • Freedom of establishment: system and recent developments
  • Freedom to provide services: system and recent developments

Case study

Craig/de Búrca chapters 23 / Streinz § 11, sections IV.3.-4. / Pechstein sections G.IV-VI

5

The fundamental freedoms 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 / Streinz § 11, section V.; Pechstein section G.VI

6

First exam

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

 

7

Introduction to the Economic and Monetary Union / Monetary policy I

  • Concept and development of the EMU
  • Institutions and rules of the EMU
  • ECB monetary objectives & instruments

Craig/de Búrca chapter 21 §§ 3-6 / Streinz § 15; further readings on learn@wu

8

Monetary policy II / Economic policy I

  • Case studies: Bond-buying programmes
  • Coordination of economic policies & economic governance
  • Financial assistance & European Recovery Plan (NGEU)

Craig/de Búrca chapter 20 § 7-8 / Streinz § 15; further readings on learn@wu

9

Banking Union & financial supervision / Area of Freedom, Security and Justice

  • Banking supervision (SSM) and banking resolution (SRM)
  • European System of Financial Supervision (ESFS)
  • Area of Freedom, Security and Justice (AFSJ)

Craig/de Búrca chapter 20 §§ 7-8, chapter 25 / Streinz §§ 15, 13; further readings on learn@wu

10

Second exam

Last edited: 2022-04-10



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