JJUB55061U EU Litigation practice

Volume 2015/2016
Content

“EU Litigation Practice" is an elective BA course, which is designed to enhance the students’ knowledge of the application of EU law by the Court of Justice of the European Union (CJEU) and the Danish courts. However, the intention with the present course to offer a course in English, as an in depth 15 ECTS points course. The course focuses on the process and the handling of EU Law cases. It is thus the more practical side of EU law, which constitutes its core area. However, more theoretical aspects will also be included (in particular European legal method and theory). The course’s more practical and problem-oriented approach also implies that the students in connection with cases, etc., will be confronted with different substantive EU law issues, for example the rules on free movement, competition law, state aid law, etc. The course will primarily deal with the procedure before the CJEU, including e.g. references for preliminary rulings. However, an understanding of how best to apply EU law in practice requires a broader understanding of the CJEU and how it is related to the other fundamental institutions of the EU. In addition, the course will include a national perspective, in particular the requirements of EU law to national procedural law, as well as the possibility of Member States to influence the law through government interventions before the CJEU. The intention is to have a high degree of student involvement including presentations of judgements and/or discussion of mockcases.

Learning Outcome

Students must obtain the following knowledge:
• Deeper understanding of the legal method's characteristics in relation to the course's core legal subjects and issues.
• Deeper understanding of the sources of law that are particularly relevant to the course's central legal subjects and issues, and what characterises them, including the value of the legal source in question and its interpretation.
• Deeper understanding of the relevant provisions of the Treaties, in particular those of relevance to the process at the CJEU, its importance in relation to the other institutions, as well as those substantive provisions that have been treated in the course.
• Deeper understanding of EU legal theory and method. The students must acquire the following skills:
• Use of the legal method in relation to the course's central legal subjects and issues.
• Use of the sources of law that are particularly relevant to the course's central legal subjects and problems, and what characterizes them, including the value of the legal source in question and its interpretation.
• Application of the relevant provisions of the Treaties in particular those of relevance to the process at the CJEU, its importance in relation to the other institutions, as well as those substantive provisions that have been treated in the course.
• Use of elements of topics addressed in previous courses, including in particular those of elements from the course “Individets grundlææggende rettigheder” (i.e. “The individual's fundamental rights”); “Institutionel forfatningsret og EU-forfatningsret (i.e. “Institutional constitutional law and EU constitutional law”), and “EU-ret” (i.e. “EU law”).
• Expression of their knowledge and argumentation in a linguistically correct, structured and coherent way. The students must acquire the following competences:
• Based on the knowledge and skills, identification and critical examination of those issues of relevance to the course (e.g. solving a constructed case) on the basis of the relevant sources of law with a clear and concise argumentation for how and why these must be used in the given problem, and an explicitly formulated reasoned choice in cases where multiple solutions exist.
• Based on the knowledge and skills, explaining, analysing and assessing the CJEU's style of interpretation and the importance of its judgments to those issues which the students are presented for.
• Based on the knowledge and skills, planning of handling of EU law issues and identification of solutions within a given time frame.
• Identification of own learning needs and organisation/structuring of own learning.
• Work individually as well as engage in group work.

The syllabus encompasses approximately 750 pages.

A large part of the literature to be read consists of:

Professor Paul Craig, EU Law: Text, Cases and Materials, 6th Revised edition, Oxford University Press, 2015. (ISBN: 0198714920)

(Available from the bookstores and online from July 2015, or latest September 2015).

All literature will be in English, and will include judgements of the CJEU and academic articles.

-
  • Category
  • Hours
  • Preparation
  • 358,5
  • Seminar
  • 54
  • Total
  • 412,5
Credit
15 ECTS
Type of assessment
Oral examination, 20 min
Oral exam without preparation, 20 minutes
Marking scale
7-point grading scale
Censorship form
External censorship
Exam period

November 30th - December 4th, 2015 (preliminary dates)

Re-exam

Se 'Vigtige datoer' for eksamen på KUnet.

Criteria for exam assesment

These criteria are based on the above mentioned goal description.