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| Edition: |
Master |
| ECTS Credits: |
10 ECTS |
| Points (*): |
10 ECTS |
Semester: |
Autumn 2011 and spring 2012 |
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| Educational level: |
Master level |
| Contact persons: |
Fagansvarlig: Adjunkt Bart Van Vooren |
| Other teachers: |
Ph.D. Desmond Johnson, Ph.D. Felix Schulyok and Adjunkt Bart Van Vooren |
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| Teaching period: |
Friday 9-12
Autumn: 1. day: Friday 9.9.2011
Spring: 1.day: Friday 3.2.2012 |
| Aim: |
Vociferous debates have occurred whether the concept of ‘EU constitutional law’ is merely wishful thinking, or is a de facto state of affairs. What is a set of international treaties for one scholar, is a Constitution pur sang for another. What is certain is that in its exercise of public authority as regards European citizens and beyond, the EU and its legal order is of great importance. As a consequence, this course provides students with the baggage to understand, and critically shape their views on the fundamental questions pertaining to the EU legal order. Questions we will address in this course concern the relation between EU and domestic law, and the legal principles that govern it; institutions and law-making mechanisms; enforcement mechanisms; questions of EU and Member State competences; fundamental rights, and general principles of EU law. A central focal point will be, with regard to all the topics to be discussed, the role the Court of Justice of the EU in the development of EU constitutional law as well as the European integration process writ large. |
| Course description: |
This course will engage students with a keen interest in the European Union to better comprehend key concepts, principles and institutions that constitute the EU constitutional legal framework. The course will consist of sessions considering principles such as supremacy, proportionality, conferred powers, (horizontal) direct effect, and indirect effect. However, the course will decidedly not consist of providing a descriptive narrative, but students will be engaged in a process of discovery and debate so as to provide you with the baggage to understand, and critically engage fundamental questions that face the EU legal order - including national legal orders. In doing so, we will place fundamental questions of constitutional law in their policy and political context. As a consequence, the course will also examine substantive areas of law such as the Area of Freedom Security and Justice, ‘the economic constitution’, EU external relations, the (planned) accession to the ECHR and EU citizenship. |
| Competence Description: |
- Present and explain the theoretical and practical problems involving European Constitutional law
- Identify the complex legal problems concerning the process of European constitutionalisation, such as putting into practical perspective the connection between different legal orders.
- Demonstrate the analytical capacity to connect legal reasoning to its political context, and possess the ability to argue how they interrelate in the context of EU constitutional law.
- Put in to perspective how legal principles and concepts developed as European integration progressed, and how this is reflected in the EU treaties and the case-law.
- Adopt a critical attitude to choices of the Court of Justice, Member States and European institutions in their historical, political, and legal context, and demonstrate the ability to critically weigh relevant arguments and make a legally reasoned choice in relation to European Constitutional law.
- Formulate and argue in a coherent and concise fashion that is linguistically correct your legal argument on the constitutional and institutional rules discussed in class.
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| Recommended qualifications: |
- A good knowledge of English is required to allow class debate.
- Having taken a first EU law course (equivalent to “EU-ret”) is highly recommended to students participating in this course.
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| Assessment: |
Written take-home examination. Students will have 48 hours to complete the exam. |
| Time of Exam: |
1.-9. December 2011
23-25 May 2012.
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| Examination requirements: |
Approximately 500 pages consisting of one 250-page textbook, and additional case-law with the occasional excerpt from journal articles. The additional reading material will be available online in Absalon. |
| Teaching language: |
Only English
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| Last updated: |
22/11-2011 |