JJUB57108U EU Law

Volume 2018/2019
Content

Possibility of taking the course in EU law in English

Besides practising the language of international communication, you will benefit in different ways. For instance you will read a greater variety of texts in English. Similar to the Danish version of the course, academic articles by some leading EU law scholars are read, but instead of a Danish textbook selected chapters from a textbook published by the Oxford University Press, namely the one by Catherine Barnard and Steve Peers, European Union Law 2nd Edition (OUP 2017), is used. The amount of reading is however the same as in the Danish version, so you do not need to worry about work overload. Teaching on the course will as in the Danish version combine lectures with group discussions, but in addition also moot courts will be used – all tailored to prepare you for the final exam (which as the Danish is going to be a written exam).

 

Professor Komárek will be available for questions at the beginning of the lectures in ‘Institutionel forfatningsret og EU-forfatningsret’ provided in week 20 (15 May at 13:15 and 15:15 and 16 May 13:15 and 15:15). He will also come to the Argument’s event at 11:30 on 15 May.

 

Learning Outcome

The course builds upon themes studied in previous courses (including themes particularly relevant to EU law from ‘Individets grundlæggende rettigheder’ (the fundamental rights of individuals) and ‘Institutionel forfatningsret og EU-forfatningsret’ (institutional constitutional law and EU constitutional law’), such as the legal system, the sources of law, fundamental rights and the relationship between EU law and national law. The exam is a 4 hours written exam with invigilation taking place at the end of the autumn semester.

In order to obtain the grade 12, students must demonstrate the acquisition of the following knowledge, skills and competences:

 

With regard to knowledge, students should have:

• A deeper understanding of the specificity of the legal method in relation to the central themes and issues of the course.

• A deeper understanding of the legal sources, which are particularly relevant to the central themes and issues of the course and their characteristics, including their value as legal sources and interpretation.

• A deeper understanding of the relevant Treaty provisions of especially the internal market (including in particular the free movement of goods and workers, freedom of establishment and the free movement of services) and in this respect their interpretation and development as well as the similarities and differences between the freedoms.

• A deeper understanding of Union citizenship, including the relevant Treaty provisions of the functioning of the EU, but also certain provisions of the Charter, the directive on the right of residence (2004/38) and Regulation 492/11, and in this respect its relationship with especially the free movement of workers.

 

With regard to skills students should be able to:

• Apply the legal method in relation to the central themes and issues of the course in order to prevent legal problems, argue for possible solutions and make decisions.

• Apply the sources of law, which are especially relevant for the central themes and issues of the course and their characteristics, including their value as legal sources, and interpretation.

• Apply the relevant Treaty provisions of especially the internal market (including in particular the free movement of goods and workers, freedom of establishment and the free movement of services) and in this respect their interpretation and development as well as the similarities and differences between the freedoms.

• Apply the relevant Treaty provisions on Union citizenship, including of the functioning of the EU, but also certain provisions of the Charter, the directive on the right of residence (2004/38), and Regulation 492/11, and in this respect its relationship with especially the free movement of workers.

• Apply elements from themes studied in previous courses, including themes especially relevant to EU law from ‘Individets grundlæggende rettigheder’ (the fundamental rights of individuals) and ‘Institutionel forfatningsret og EU-forfatningsret’ (institutional constitutional law and EU constitutional law), see the above.

• Read, understand and interpret judgments of the CJEU.

• Communicate and formulate their knowledge and argue professionally and clearly in a structured and consistent way

• Decide whether or not a national measure is in conformity with the parts of EU law, which are central to the course.

 

With regard to competences students should be able to:

• On the basis of knowledge and skills, be able to identify and critically assess the issues of EU law central to the course (for example in solving a concrete issue) using the relevant sources of law with a clear and precise argument for how and why they shall apply to the concrete issue, and with explicitly expressed reasoned choice in cases where several solutions are possible.

• On the basis of knowledge and skills, to independently explain, analyze and assess the interpretative style of the CJEU and the importance its judgement on free movement has for the issues presented to the students (for example in the form of concrete cases).

• On the basis of knowledge and skills, to independently plan how to handle issues of EU law and identify solutions within a given timeframe.

• Identify own learning needs and structure own learning.

• Work individually and engage in collective academic contexts.

General:

  • The curriculum is approximately 500 pages.
  • The themes in the course description are central, and will also include the free movement of capital and the Service Directive.

     

    Textbook:

    Selected chapters from: Catherine Barnard and Steve Peers, European Union Law 2nd Edition (OUP 2017).

     

Judgments:

As a starting point, the judgments from the Court of Justice of the EU (CJEU) will be those used in the Danish version of the course (approximately 35 judgments). They will cover the free movement rules, the Services Directive and topical issues, for example, digitalisation, the welfare state, the European Charter of fundamental rights, and the coherence of the principles in internal market law. The list will be published just before the beginning of the semester, so that new, important judgments can be included.

 

Articles:

The list will be published just before the beginning of the semester in order to include new, important articles and take into account the precise number of pages of the textbook and the judgments. Articles are, among other reasons, included in order to ensure that the course is sufficiently research-based.

 

Supplementary literature:

  • Judgments, Treaty provisions (including the European Charter of Fundamental Rights (the Charter) and secondary law (especially the provisions of directive 2004/38/EC on the right of free movement and residence in the Union of Union citizens and their family members (the Citizenship Directive), Regulation 492/11 on the free movement of workers within the Union and directive 2006/123/EC on services within the internal market (the Services Directive) naturally form part of the course.  A list of suggested supplementary literature will be edited yearly as well as a detailed syllabus.

 

On the use of judgments:

In accordance with the course description (especially to ensure ‘the ability to read, understand and interpret judgments of the CJEU’ and ‘explain, analyse and assess the interpretative style of the CJEU and the importance its judgement on free movement has for the issues presented to the students (for example in the form of concrete cases)’ and to the long established tradition both in Denmark and abroad, the reading of judgments plays a central role. Therefore, every year a selection of judgments, which form part of the curriculum, is made. Judgments are used in various ways in the teaching, as they are, for example, presented and analysed in depth by the lecturer and by the students in groups and plenary sessions at the seminars. Students should use them to support their legal argumentation while solving a case and exam questions.

 

 

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  • Category
  • Hours
  • Lectures
  • 16
  • Preparation
  • 219
  • Seminar
  • 40
  • Total
  • 275
Credit
10 ECTS
Type of assessment
Written examination, 4 timer under invigilation
Written with Invigilation, 4 hours
Marking scale
7-point grading scale
Censorship form
No external censorship
Exam period

January 11th, 2019

Re-exam

February 21st, 2019