JJUA55265U  Advanced EU Internal Market Law

Volume 2019/2020
Content

The core of the course is the substantive law of the European Union, which thus focuses on EU internal market law. The course takes its point of departure in a deep understanding of the aims, functioning and development of the internal market. In particular, the free movement of goods, persons, services, and capital are of central interest. In addition, union citizenship in a wide sense including topics such as family reunification and social rights will play an important role.

 

The course aims not only at covering the essential ‘classic’ area of internal market law, but also at taking a more dynamic view on it; in a Europe under constant change with new challenges continuously arising. Therefore, timely and related topics such as matters concerning the EMU (Economic and Monetary Union), ‘rule of law’, the CFREU (Charter of Fundamental Rights of the European Union), Social Europe, ‘brexit’, the ‘digital internal market’ and migration are included.

 

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 its interpretational style and a discussion of possible activism), the distribution of competences between the EU and the Member States, the fundamental rules, concepts and principles, and their interaction, and the relationship between economic and social aims and values.

Learning Outcome

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

  • Analyse, explain and evaluate critically the substantive EU law and those related topics, which are included in the course (as stated above).
  • Analyse, explain and evaluate the interpretation and application by the CJEU in relation to the substantive EU law and those related topics, which are included in the course (as stated above).
  • Put the method of interpretation of the CJEU and the significance of the judgments into perspective with regard to the substantive EU law and those related topics, which are included in the course (as stated above).
  • Identify the margin of appreciation that the CJEU has left to the Member States in relation to the substantive EU law and those related topics, which are included in the course (as stated above).
  • Identify the relevant problems of EU law when presented in a specific case or in journal articles.
  • Present arguments and solutions in a systematic and coherent manner, showing general knowledge and understanding of the problems of the areas of EU Law in focus.
  • Relate the substantive EU law and the related topics in focus (as stated above) 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 consisting of a maximum of 750 pages will be disclosed shortly before the start of the semester and includes at least the following:

 

  • Relevant chapters from C. Barnard, The Substantive Law of the EU, the four freedoms, Oxford University Press (most recent edition); and
  • Relevant chapters from A. Arnull and C. Chalmers (eds.): The Oxford Handbook of EU law, Oxford University Press (most recent edition);
  • A compilation of rulings of the CJEU; and
  • A selection of journal articles.
- It is an advantage to have taken the BA-course ‘EU-ret’, ‘Individets grundlæggende rettigheder’ and ‘Institutionel forfatningsret og EU-forfatningsret’ - or something equivalent.
- ‘Videregående EU-ret’ and the present course exclude one another. Therefore, it is only possible to follow and be examined in one of these.
- Students with an ‘alternative’ background are recommended at least to take the course ‘Introduction to EU Law’.
The course requests active participation and dialogue. Students are expected to be well-prepared. Teaching and learning activities include:

- Short student presentations of especially judgments and journal articles with teacher feedback;
- Class discussions;
- Group work;
- Case solving;
- ‘Mind-map’ drawing in order to systematize the topics discussed in class; and
- A synopsis workshop.
Oral
Individual
Collective
Continuous feedback during the course of the semester
Feedback by final exam (In addition to the grade)

Generally, as the course builds on a high degree of student activity continuous feedback is easily facilitated. Also, 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

week 51, 2019 - Monday, Tuesday, Wednesday

 

Re-exam

week 5, 2020 - Wednesday, Thursday, Friday

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