JJUA04525U  Advanced European Union Law (Free Movement)

Volume 2016/2017
Content

The objective of the course is to provide the participants with an advanced knowledge of the substantive EU law on the free movement of goods, persons, services, capital and citizenship of the Union. Moreover, it is the intention that the participants shall be able to apply this knowledge to specific and hypothetical cases.

The course assumes an active participation of the students.
The course first provides a brief introduction to the effects of EU law upon national law. The primary topic of the course will be the free movement of goods, persons, services, capital and citizenship of the Union, however at a more advanced level than the course “EU-ret” at the bachelor-education. The starting point will be the interpretation and application of the relevant rules of the FEU Treaty as provided in a number of important judgments. The course will cover the following issues:
• Effects of EU law upon national law.
• Restrictions on the free movement of goods.
• The right to entry and to take residence in another Member State.
• The implications of the provisions on Union citizenship
• The free movement of workers.
• The right to establishment and free movement of services.
• The free movement of capital.

Learning Outcome

The objective of the course is to enable the students to:

- Present the provisions of the FEU Treaty on the free movement of goods, citizenship of the Union, the free movement of workers, the freedom of establishment, the free movement of services and the free movement of capital.
- Explain the interpretation and application by the Court of Justice of the provisions of the FEU Treaty on free movement and on citizenship of the Union on the basis of the judgments included in the curriculum of the course.
- Put the method of interpretation of the Court of Justice and the significance of the judgments for the realisation and further development of the internal market of the European Union into perspective.
- Identify the margin of appreciation that the Court of Justice has left to the Member States in situations where a Member State wishes to set requirements for goods, persons, services, capital and citizens of the Union.
- Identify the relevant problems of European Union law when presented in a specific case.
- Present arguments and solutions in a systematic and coherent manner, showing general knowledge and understanding of the problems of European Union Law concerning free movement and Union citizenship.
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent.

Morten Broberg and Nina Holst Christensen, "Free Movement in the European Union - Cases, Commentaries and Questions", 5th edition, Jurist- og Økonomforbundets Forlag 2016. (Will be available within the next 3 weeks)

Students should acquire the Treaty texts. Required readings cover approximately 500 pages. 

The relevant treaty texts can be found at: http:/​/​eur-lex.europa.eu/​en/​treaties/​index.htm
Jurisprudence as well as press releases with summaries and the weekly report of the European Court of Justice can be found at the website of the Court: http://curia.europa.eu/

Students who do not have a basic knowledge of the legal order of the European Union are strongly recommended to participate in the non-credit course "Introduction to EU Law". This course is a 10-hour introduction offered by the Faculty of Law at the beginning of the term. A fair knowledge of English is required.
Credit
10 ECTS
Type of assessment
Oral defence, 20 min
Oral exam based on synopsis, 20 minutes
Exam registration requirements

In order to attend the oral examination, it is a prerequisite to hand in the synopsis before the specified deadline.
The deadline is May 18.

Marking scale
7-point grading scale
Censorship form
External censorship
Exam period

Autumn: December 12 - 16, 2016 (preliminary dates)

Spring: May 29 - June 2, 2017 (preliminary dates)

Re-exam

Please see "Academic calendar" on KUnet.

  • Category
  • Hours
  • Seminar
  • 34
  • Preparation
  • 241
  • Total
  • 275