JJUA54057U EU Constitutional Law

Vociferous debates have occurred whether the concept of ‘EU constitutional law’ is merely wishful thinking, or is a de facto state of affairs. What is a set of international treaties for one scholar, is a Constitution pur sang for another. What is certain is that in its exercise of public authority as regards European citizens and beyond, the EU and its legal order is of great importance. As a consequence, this course provides students with the baggage to understand, and critically shape their views on the fundamental questions pertaining to the EU legal order. Questions we will address in this course concern the relation between EU and domestic law, and the legal principles that govern it; institutions and law-making mechanisms; enforcement mechanisms; questions of EU and Member State competences; fundamental rights, and general principles of EU law. A central focal point will be, with regard to all the topics to be discussed, the role the Court of Justice of the EU in the development of EU constitutional law as well as the European integration process writ large.

This course will engage students with a keen interest in the European Union to better comprehend key concepts, principles and institutions that constitute the EU constitutional legal framework. The course will consist of sessions considering principles such as supremacy, proportionality, conferred powers, (horizontal) direct effect, and indirect effect. However, the course will decidedly not consist of providing a descriptive narrative, but students will be engaged in a process of discovery and debate so as to provide you with the baggage to understand, and critically engage fundamental questions that face the EU legal order - including national legal orders. In doing so, we will place fundamental questions of constitutional law in their policy and political context. As a consequence, the course will also examine substantive areas of law such as the Area of Freedom Security and Justice, ‘the economic constitution’, EU external relations, the (planned) accession to the ECHR and EU citizenship.