EU Law in Global Context
- Course Code:
- Unit value:
- Taught in:
- Term 2
Objectives and learning outcomes of the course
The course aims to provide students with a theoretical and empirical understanding of governance and law-making processes in the EU, of the relationship between EU law and other relevant legal systems especially international public law, human rights law and the national laws of member states, and of select substantive areas of Union law which have particular relevance to the EU’s external relations. The process of European integration will be examined as part of the wider phenomenon of globalisation and the move away of powers from the national and democratic institutions to less accountable international institutions.
At the end of this course, students will:
(1) Have a good understanding of the central themes of the history of EU integration; the EU’s institutional structure and its law-making processes, and of select areas of EU law.
(2) Understand the EU’s political and legal system in its international context.
(3) Understand the limits of democratic accountability and of the rule of law and the central role of judicial law making in its economic and political context.
(4) Critically analyse key themes in EU integration and the making, application and interpretation of legal rules as embedded within larger socio-political frameworks and international processes, in their historical and cultural context and influenced by numerous agencies (e.g. the political agendae of the Union institutions and of Member States, of international economic interests, international institutions and wider issues of political culture and history)
(5) Illustrate this understanding through the use of specific case examples and legal issues, empirical evidence and by conducting independent research with particular emphasis on the analysis of the methods of judicial reasoning and socio-political, comparative approaches to law and governance, administrative and constitutional law.
Scope and syllabus
(This is an indicative list and may vary from year to year)
This course focuses on the institutions, law-making and substantive law of the EU in their international context. It will explore these areas on the basis of key politico-legal concepts and traditions such as the rule of law, legal certainty, fundamental rights, democracy and transparency and accountability in government, and examine the politics, institutions and laws of the EU as part of the dual processes of globalisation and the erosion of representative self-government and democratic accountability. Topics will include:
[Topic One] Origins and History of European Integration in the context of globalisation
[Topic Two] Legislative Institutions of the EU in their international context
[Topic Three] Legislative Powers and Acts
[Topic Four] Relations between legal systems I: EU law in the legal systems of the Member States
[Topic Five] Relations between legal systems II: International Law in the Union legal system
[Topic Six] Fundamental Rights I: role, origins, the role of the CJEU and the German FCC as well as other constitutional courts
[Topic Seven] Fundamental Rights II: The ECHR and the EU, and relations between the Union legal system to other international human rights regimes.
[Topic Eight] Remedies available to private litigants I: Direct Actions
[Topic Nine] Remedies available to private litigants II: Indirect Actions and Tort actions
[Topic Ten] The internal market I: Free Movement of Goods
[Topic Eleven] The internal market II: Free Movement of Persons
Method of assessment
Assessment weighting: 100% coursework (one 6,000 word essay). Resubmission of coursework regulations apply.
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BENEDETTO Giacomo, MILIO Simona (eds). European Union budget reform: institutions, policy and economic crisis. Basingstoke: Palgrave Macmillan, 2012.
BIONDI Andrea, EECKHOUT Piet, RIPLEY Stefanie (eds). EU law after Lisbon, Oxford: Oxford University Press, 2012.
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SCHIEK Dagmar. Economic and social integration: the challenge for EU constitutional law. Edward Elgar, 2012.
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