JJUA55130U  EU Law – Free Movement and the EMU

Volume 2017/2018
Content

The course includes the substantive law of the European Union and thus focuses on the free movement of goods, persons, services, capital and union citizenship (including among others the functioning of the internal market, fundamental concepts and principles, legislative competences in the area, the right to family reunification and immigration).

In addition, the intention is to some degree to include topics such as the EMU (Economic and Monetary Union) and the ”Rule of Law”/Charter of Fundamental Rights).

Especially the following more horizontal themes constitute focal points: the understanding of the framework of the Court of Justice of the European Union’s (CJEU) functioning (including among others it interpretational style and the discussion of activism), the distribution of competences between the EU and the Member States, the interaction of the fundamental concepts and principles, the relationship between economic and social aims and values, the importance of the included topics for the organization of the European welfare states and ideals of the rule of law.

Learning Outcome

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

- Present the substantive EU law which is included in the course (as stated above, i.e. especially the provisions of the free movement rules regarding 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 as well to a certain degree the EMU and the Rule of Law/Charter of Fundamental Rights), and then at a more advanced level than in the BA-course “EU-ret”.

- Explain the interpretation and application by the CJEU in relation to the topics included in the curriculum of the course (both judgments and literature). - Put the method of interpretation of the CJEU and the significance of the judgments
into perspective – with regard to the central topics and horizontal themes of the course.

- Identify the margin of appreciation that the Court of Justice has left to the Member States in relation to the central topics.

- Identify the relevant problems of European Union law when presented in a specific case or in legal scientific publications.

- Present arguments and solutions in a systematic and coherent manner, showing general knowledge and understanding of the problems of the areas of European Union Law in focus.

- Relate the substantive EU law in focus to the horizontal themes of the course.

- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent.

To be informed of at a later stage.


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/

It will be an advantage to have taken the BA-course ”EU-ret”, but also ”Individets grundlæggende rettigheder” and ”Institutionel forfatningsret og EU-forfatningsret” - or something equivalent. ”Videregående EU-ret” and “EU Law – Free Movement and the EMU” exclude one another. Therefore it is only possible to follow and be examined in one of these.
The course requests active participation of the students. Activities such as working with cases, presentations of judments, analysis of certain research-based publications and a synopsis workshop are planned
Related subjects (any related courses or related subject areas):
E.g. ”Advanced EU Constitutional Law” og ”EU International Relations Law: The External Dimension of European Integration”. It can for those students with an alternative background be an advantage to have taken ”Introduction to EU Law”.
Oral
Individual
Continuous feedback during the course of the semester
Feedback by final exam (In addition to the grade)

As the course builds on a high degree of student activity continuous feedback is easily facilitated. The intention is to develop a synopsis workshop focusing on preparing for the synopsis exam and where supervision and feedback in class will be possible.

Credit
15 ECTS
Type of assessment
Oral defence, 20 minutes
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 agreed upon with the course lecturer.

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

Autumn: December 20, 2017

Spring: TBA

Re-exam

Autumn: week 8, 2018 - Monday, Tuesday, Wednesday

Spring: TBA

  • Category
  • Hours
  • Seminar
  • 56
  • Preparation
  • 356,5
  • Total
  • 412,5