ES 300 - European Union Law- Kanykei Kasybekova

ES 300 - European Union Law- Kanykei Kasybekova

December 12, 2013

European Union Law-ES 300

3 credits, Spring 2013

(subject to change)

 

Instructor:  Kanykei Kasybekova

 

Class Schedule:  Tuesday, Thursday at 9.25

Office Hours: by appointment

Contact Information: kasybekova_k@auca.kg

 

Course Vision:

 

European Union Law and Human Right is an advanced level required course. The course will be divided into three main sections. In the first section, students will be exposed to composition, function, and powers of the European Union’s legislative and executive branches. In the second section of the course, we will study free movement of goods as one of the fundamental freedoms and key elements of the European Integration. The third section of the course will specifically cover Council of Europe and European Human Rights Law, exploring the legal process and substantive law pursuant to the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe. The course introduces students to legal system and institutions of the European Union, its interaction with Member States’ law and policy. During this course we will specifically address basic principles and rules of the European Community with the focus on decision-making, supremacy, and human rights.

 

Learning Outcomes:

By the end of the course students should be able to:

  1. Identify, describe and compare European Union institutions
  2. Formulate, differentiate and explain basic principles of European Union Law
  3. Describe the various legislative processes in the European Union
  4. Identify and compare different sources of European Union law
  5. Analyze and interpret provisions of European Union law
  6. Read and extract the most important rules from case law of European Court of Justice and European Court of Human Rights
  7. Solve hypothetical situations and develop arguments using European Union principles and rules
  8. Explain the differences between European Union, national and international legal orders
  9. Discuss the problems with Directives in the European Union
  10. Discuss some human rights cases in the European Court of Human Rights
  11. Explain the importance of “preliminary reference procedure”
  12. Analyze and discuss the challenges of building an internal market/free trade
  13. Identify, interpret and apply rules on free movement of goods, on human rights protection to hypothetical situations

Teaching methods, Course Policy and Requirements

There will be two class sessions per week.  There will not be division between lectures and seminars. Each class will be conducted in the form of interactive lectures and discussions. Students are required to come to classes prepared, which means having carefully read all the assigned material. Students are expected to have thoroughly read and briefed the cases to discuss and present them in the class. In the beginning of the course, students will be instructed on how to brief cases and extract important elements.

Plagiarism and other forms of academic misconduct such as cheating and copying from other students’ work are strictly prohibited. If a student fails to observe these requirements he or she will be given grade “F” for the assignment.  

Course Material

 

Treaty on European Union and Treaty on the Functioning of the European Union (Consolidated version); European Convention on Human Rights

Frank Emmert, European Union Law-Cases, 1st ed. 2000;

Mark Janis et al, European Human Rights Law: text and materials, 3rd ed. 2008

Damian Chalmers et al, European Union Law, 2nd ed. 2010.

Throughout the course I will be providing handouts with relevant cases, reading materials and regulations of the European Union;

http://europa.eu/index_en.htm – official website of the European Union, where you will be able to find all the necessary documents.

 

Grading and Examination

 

1) Grading will be based on following components:

 

20% - Attendance and Participation

20% - Quiz 1

25% - Quiz 2

35% - Final Exam

 

2) Grading scale:

 

 

A         94-100%        

А-        90-93%

В+       86-89%

B         80-85%

В-        77-79%

С+       74-76%

C         68-73%

С-        64-67%

D+       60-63%   

D         54-59%

D-        50-53%

F          below 50%

 

Throughout the course there will be announced two open book quizzes.  The best of these two quizzes will count as 25% of your final grade and the lowest grade will count as 20% of your final grade. The main purpose of the quizzes is to give students early feedback about their performance and to motivate them to study continuously for this course.  At the end of the semester you will be given final written exam. The final examination will cover only the material studied in class and no outside research will be required. Quizzes, midterms and final exam will be in the form of either hypothetical situations, short answer essays, or analysis of treaty provisions, no multiple choice tests will be given.

Class attendance is required. Students are highly encouraged not to miss classes, if student constantly misses classes, this will negatively influence her final participation grade. If a student misses 5 classes (regardless with or without excuse), she will receive 0% for her class attendance and participation grade.

 

Course outline

 

Week

Topics

Reading assignments

1

Intro to Course, organizational matters, Historic reasons for European Integration Intro to Law and Human rights, various sources of law

Read preamble and art. 1-25 of the TFEC.

And specified passages in handout

2

Structure and work of the institutions of the EU: The Commission

TEU: Art.17 para. 1, 3, 6, and 7

TFEU: Art. 244 – 250,

Art. 295

specified pages in handout

3

Structure and work of the institutions of the EU: the Council and The Parliament

Cases: (1) Les Verts, (2) Matthews; specified pages in handout. 

4

Legislative process in the European Union: ordinary and special legislative procedures;

Structure and work of the institutions of the EU: European Court of Justice

CE: European Court of Human Rights

TEU: Art.16, para. 1, 2, 4, 5, 9,

TFEU: Art.237-243,

Art.290 and 291

(TEC: Art. 202-210), specified pages in handout

Art. 220-245 TEC

5

Sources of EU law and the principles of enumerated powers, implied powers and principle of proportionality

Quiz 1: Institutions of EU

specified pages in handout

6

Supremacy and Direct effect

Cases: van Gend & Loos, Costa v ENEL, Simmenthal II;

7

The problem with directives: solution for the non-implementation of directives, vertical effect 

Cases: Ratti, Becker,

8

The problem with horizontal direct effect of directives, the Marleasing doctrine

Cases: Marshall I; Marleasing; Factortame I

9

More solutions: Subsidiarity and the situation today

Cases: Francovich, Faccini Dori; Brasserier Pecheru and Factortame III.

10

Three components of the free movement of goods:

-          fiscal measures at the border: import duties, export subsidies;

-          domestic fiscal measures: discriminatory taxes, domes subsidies

-          non-fiscal measures: non tariff barriers fro the cradle to the grave

The prohibition of import duties and charges having equivalent effect;

The prohibition of quantitative import restrictions and measures having equivalent effect.

Quiz 2: Direct effect of Directives

TFEU: Art. 28-37

 

(Art.23-31 and 90 ECT)

Cases: from 43 to 48

11

Exceptions

TFEU: Art.34 and 36

(TEC: Art. 28 and art. 30)

Cases: 49 to 53 and 55

12

Council of Europe and European Court of Human Rights

specified pages in handout

13

Substantive adjudication in ECHR:

The right to life

Torture; inhuman or degrading treatment or punishment; and slavery

specified pages in handout

14

Freedom of expression; association

Freedom of thought, conscience and religion

specified pages in handout

15

Right to freedom from discrimination

specified pages in handout

16

 

Final exam

 

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