JJUA14133U EU Development Law

Volume 2013/2014
Education
Master Level
Content
In Denmark the GDP per capita is approx. 34.700 €, in the EU the figure is approx. 19,000 €, whereas the average figure in the developing world (LDCs) is approx. 200 €. Many of these developing countries have close ties to the EU, not least due to the fact that many of them are former colonies. The EU and the Member States together account for more than 30 billion € per year in development assistance thus being the world’s most important donor. Likewise, the EU is the world’s largest provider of humanitarian aid. The provision of both development assistance and humanitarian aid is regulated by a large number of EU bodies and it is covered by both the Treaty on the Functioning of the European Union and a number of secondary legislative measures (both hard law and soft law).
This course examines the different legal aspects of the EU's provision of development assistance and humanitarian aid. In doing so, the following will be covered:
- Background to the present regime
- The institutional framework
- The EU’s competences
- The legal framework – both the Treaty on the Functioning of the European Union and secondary legislation
- EU development cooperation (in particular vis-à-vis the so-called ACP countries, i.e. a number of countries in Africa-the Caribbean and the Pacific)
- Humanitarian aid
- Promotion of European values (democracy, human rights, etc.)
- Tying/un-tying of aid

The course will start by a brief introduction to the field of EU development law followed by an overview of the historic development. Following this a presentation of the most important institutions, procedures and relevant sources of law will be given. Thereupon the course will turn to consider various specific issues related to EU Development law, in particular the cooperation with the ACP countries (non-trade issues in the Cotonou Agreement), promotion of democracy and human rights, the regulation of the provision of humanitarian aid and the requirement that aid be un-tied.
Throughout the course the different topics will be illustrated by EU case law.
Students are expected to take an active part during classes. It is planned that the course will contain a number of exercises and the teaching schedule may have to be adapted so as to accommodate this.
Learning Outcome
- Present and explain the theoretical and practical problems of the course and their interaction.
- Identify both the basic and the complicated legal problems that present themselves in the course topics.
- Analyse complex problems that present themselves within the course and do so based on relevant and professional reasoned approaches.
- Argue the pros and cons of professionally reasoned solutions, make a critical weighting of the relevant arguments and make a reasoned choice in relation to theoretical and practical solutions.
- Put into perspective the specific problems of the course in a way that shows that she/he has a professional overview of and insight into the substantive issues of the course.
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a structured and coherent way.
  • All powerpoint presentations
  • Craig & De Burca, EU Law: Text, Cases, and Materials, (5½)
  • Case C-268/94, Portugal v Council (India Agreement), [1996] ECR I-6177 (11)
  • Case C-155/07, Parliament v Council – EIB-guarantee, (15½)
  • Broberg & Holdgaard, External action in the field of development cooperation policy – the impact of the Lisbon Treaty, SIEPS (NYP), (39)
  • Szymanski & Smith, Coherence and Conditionality in European Foreign Policy: Negotiating the EU–Mexico Global Agreement, JCMS 2005 Volume 43. Number 1. pp. 171–92 (22)
  • Cotonou Agreement (consolidated version) – excluding annexes (33)
  • Babarinde & Faber, The European Union and the Developing Countries – The Cotonou Agreement, Martinus Nijhoff Publishers 2005, chapters 1, 2, 3, 7 and 9 (93– excluding tables)
  • Paris Declaration on Aid Effectiveness (11)
  • Delivering results report – policy coherence for development, Concord Danmark – pp. 13-16 + 23-31 (13)
  • Broberg, What Is the Direction for the EU’s Development Cooperation after Lisbon? A Legal Examination, European Foreign Affairs Review 16: 539–557, 2011, (19)
  • Development Cooperation Instrument, Regulation 1905/2006, (26)
  • van Reisen EU "global player": The North-South policy of the European Union, Utrecht: International Books (18)
  • Commission communication ”Untying: Enhancing the effectiveness of aid” – COM(2002)639 (15)
  • DAC recommendation on untying (revised version) excluding annexes (4½)
  • Serra, The Practice of Tying Development Aid: A Critical Appraisal from an International, WTO and EU Law Perspective, The Law and Development Review, Volume 4, Number 1 2011, (26)
  • Carbone, The European Union and International Development – the politics of foreign aid, Routledge 2007 (12½)
  • Fierro, Legal Basis and Scope of the Human Rights Clauses in EC Bilateral Agreements: Any Room for Positive Interpretation?, European Law Journal, Vol. 7, issue 1, 2001, pp. 41-68, (21)
  • Bartels, Human Rights and Democracy Clauses in the EU’s International Agreements, European Parliament (13 (executive summary + summary only))
  • Broberg, Much Ado About, DIIS Working Paper 2010:29 (7)
  • Broberg, Undue assistance? An analysis of the legal basis of Regulation 1257/96 concerning humanitarian aid, European Law Review 2009, pp. 769-778  (10)
  • Broberg, EU Humanitarian Aid after the Lisbon Treaty (paper – NYP) (11)
  • Broberg, Thou shall not … misappropriate humanitarian aid - On European Union humanitarian aid and the fight against corruption in Zwitter et al, Cambridge University Press NYP (14)
  • COUNCIL REGULATION (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (consolidated version) (7)
  • European Consensus  (Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’) (18)
  • REGULATION (EC) No 1889/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 December 2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide (EIDHR) (10½)
  • Broberg, Furthering Democracy through the European Union’s Development Policy: Legal Limitations and Possibilities, DIIS Working Paper 2010:09 (9)
  • Joint paper – Commission/Council General Secretariat on Democracy Building in EU External Relations, SEC(2009) 1095 final (36)

Required readings cover approximately 500 pages.
Students without prior knowledge in the field of law must work to attain this as quickly and early as possible. This is particularly relevant with regard to EU law.
  • Category
  • Hours
  • Lectures
  • 34
  • Total
  • 34
Credit
10 ECTS
Type of assessment
Oral examination, 20 min
Marking scale
7-point grading scale
Censorship form
External censorship
Exam period
9. - 13. December 2013 (preliminary dates)