JJUA55130U  EU Law – Free Movement and the EMU

Volume 2018/2019
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 cross-cutting 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 between 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.

 

The course will also focus on a number of important and topical themes/case studies such as the issue of social dumping, the protection of public health and education within the context of free movement law.

Learning Outcome

The objectives of the course are to enable the students to:

  • Present and discuss critically 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 the case-studies).
  • 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 case studies 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.
  • Apply their knowledge to specific situations.
  • 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 cross-cutting themes of the course.
  • Communicate and formulate knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent.

The final list of readings will be disclosed before the start of the semester and is likely to include at least the following:

 

- A compilation of important rulings of the CJEU

- Relevant chapters from C. Barnard, The substantive law of the EU, the four freedoms, Oxford (2016),

- Relevant chapters from, The Oxford Handbook of EU law, ed. By A. Arnull and C. Chalmers, OUP (2015)

- Journal articles on topical issues such as:

  • Hatzopoulos and Roma, 'Caring for sharing? The collaborative economy under EU law' (2017) 54 Common Market Law Review, Issue 1, pp. 81–127
  • N. Kountouris, ‘The Concept of ‘Worker’ in European Labour Law: Fragmentation, Autonomy and Scope’, 2017; Industrial Law Journal.
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: week 51, 2018 - Wednesday, Thursday, Friday

Spring: TBA

Re-exam

Autumn: week 8, 2019 - Monday, Tuesday, Wednesday

Spring: TBA

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