On Moodle, you will find the mandatory readings as well as the power point presentation we use during the lectures. You will also find some complementary readings mentioned along the course. Detailed instructions about readings and exercises will be posted on Moodle. Forums are there for you to ask questions and share your answers with other students. We monitor the forums and won't let you without answer.
None
This course offers an introduction to European Union law. You will learn how the EU is relevant to citizens and businesses (European citizenship, internal market). The course covers in detail the principles governing the functioning of the Union and its values. It deals with how EU rules are adopted and enforced at EU and national level. The roles of various European and national actors in the EU law-making process and enforcement procedure will be studied. Finally, the course provides the basic instruments to approach complex questions concerning the relationship between EU law, national law and other legal systems (such as the Council of Europe and the WTO).
The course aims at developing student's knowledge and command of EU law specifically and provides an opportunity to acquire or develop skills that form an important part of legal education.
At the end of the course,
· You will be able to correctly explain the principles governing law-making in the EU, its implementation in the Member States and interpretive techniques that characterise EU law.
· You will be familiar with the fundamental principles of the European legal order and with several important rules of EU law. You will be able to assess whether, in a simple scenario, such principles and rules have been complied with.
· You will be able to establish whether a given factual situation falls within the scope of EU law or of national law and to assess which institutions and actors are competent to intervene in a situation where national law conflicts with EU law.
· You will be able to conduct your analysis by using the technical terminology of European law.
· You will be able to explain the function(s) of certain rules within the EU legal order.
· You will be able to identify rules applicable to factual situations similar to those studied in the course and make accurate reference to Treaties and to the case-law covered during the course.
· You will be able to answer questions on topics dealt with during the course by referring to the assigned readings and clearly expressing the links between your answers and the legal sources quoted in support of your argument.
The contribution of this Teaching Unit to the development and command of the skills and learning outcomes of the programme(s) can be accessed at the end of this sheet, in the section entitled “Programmes/courses offering this Teaching Unit”.
Two exams
There are two versions of the exam for this course: one for students who follow only the lectures and one for students who take practical classes in addition to the lectures. Both exams are on different days. You cannot choose your date and must take the exam corresponding to your situation (with or without additional classes).
'Major' Exam
You will take this exam is you are a law student, whether you are a UCL student or an Erasmus student from another Law School.
'Minor' Exam
You will take this exam if you are studying a subject other than law and have chosen law as your 'minor'.
On the same day: exam on lectures and on class work
Student who attended the lecture only take a test that is limited to what has been covered in the lectures (including readings). It is graded on a 20-point scale.
Students who attended classes in addition to the lectures take a two-part exam, on what has been covered in the lecture and in the classes. Questions on lectures' material are graded on 15 points. Questions on classes' material are graded on 5 points.
Type of questions
Whatever category you fall into, the exam is written. It comprises several types of questions. Simple questions calling for short answers require you to be able to explain correctly one element that has been covered in the lectures, for instance one legal principle, one characteristic of the EU legal system, the role of one of the EU institutions in the legislative process or how different categories of legal acts differ. Short essay questions require you to take various elements from the course (lectures, materials) and use these various sources to answer a more complex question. This requires you not only to know and understand the documents from the course pack but also to be able to rely on them to answer a general or specific question and justify your answer. Examples of exam questions will be given. The exam also tests your command of the terminology of EU law: in all your answers, you must make sure to use the correct legal words.
Instructions for the exam
On the day of your exam, you will be allowed to take your course pack with you. Only the official paper version, sold at the service cours, is allowed. No loose photocopies will be accepted. The course pack may not be annotated (no letter, no number). Be careful not to write anything in it when you prepare for the lectures or in class. You may highlight and/or underline portions of text and use flags at each section (post-its) to navigate the course pack more quickly. Flags cannot contain any letter nor number, except the exact title of the section you flag.
During the exam, no electronic device is allowed (phone, tablet, etc.). To keep track of time, don't forget to bring a watch (one which only gives you the time)!
Students whose native tongue is not French may bring a bilingual dictionary.
We recommend that Erasmus students tick the box 'Erasmus' on their answer sheets.
Lectures
During the lectures, don't just take notes. As much as possible in a large group, we would like you to participate actively. Questions are always welcome!
For some lectures, the texts in the course pack will be studied in class. It is therefore particularly important that you bring your course pack to class (either the paper version or the electronic version, which will be available on Moodle). You will then need to go over the texts again after class. For other lectures, you will be asked to do some reading before class. Detailed instructions will be posted weekly on Moodle.
Classes (in small groups)
In addition to the weekly lecture, some of you are enrolled for additional classes (séances d'exercices pratiques). Géraldine Renaudière and Benjamin Bodson (teaching assistants) teach these classes. You will need to attend these classes if you fall into one of the following categories
- you are enrolled in the law programme at UCL;
- you are enrolled in another programme at UCL and have chosen a minor (mineure) in law;
- you are an Erasmus student from KULeuven or University of Luxembourg and you have been authorized to enrol for these classes (if you are unsure, please check with the Faculty of Law. You can do this at the front desk at the main entrance of the law building.)
If you do not fall into one of the above categories, we regret that you may not attend classes. This will have no bearing on your chances to achieve a good grade at the exam as the students who do take part in classes will take a separate exam.
Students who are enrolled for classes will be able to check in which group they are at the valves in the Law Faculty entrance hall. Should the day and time of the class you have been assigned to be impossible for you, you will need to go to the Faculty of Law's front desk (Accueil) to change group. You will need to give justification (e.g. you are enrolled in another programme and schedules clash). Should you not find your name on any of the lists, please report to the Faculty of Law's front desk.
The lectures will cover the topics listed below. For each lecture, the date is indicated as well as the initials of the Professor who will be teaching it (ALS : Anne-Lise Sibony ; SC : Serena Crespi).
Tuesday, February 7
General Introduction (ALS & SC)
Topic 1 ' From the European Communities to the European Union: a Short History of European Integration (SC)
Tuesday, February 14
Topic 2 ' Internal Market (ALS)
Tuesday, February 21
Topic 3 ' EU Citizenship (ALS)
Tuesday, February 28
Topic 4 ' Fundamental Principles of EU Law: Autonomy, Supremacy and Direct Effect (SC)
Tuesday, March 7
Topic 5 ' Fundamental Rights in the EU Legal Order (SC)
Tuesday, March 14
Topic 6 ' The European Union and Member States (SC)
Tuesday, March 21
Topic 7 ' EU Competences and How they Are Exercised: The Principles of Subsidiarity and Proportionality (SC)
Tuesday, March 28
Topic 8 ' EUInstitutions: Who Does What? (SC)
Tuesday, April 18
Topic 9 ' Sources of EU Law: Primary and Secondary Law (SC)
Tuesday, April 25
Topic 10 ' Legislative Procedures: Ordinary and Special Procedures (SC)
Tuesday, May 2
Topic 11 ' Enforcing EU Law Before National Courts: National courts as "ordinary courts" of the EU Legal Order, Preliminary Rulings (ALS)
Tuesday, May 9
Topic 12 ' Enforcing EU Law Before European Courts (I): Judicial Review of Acts of the EU Institutions - Infringement proceeding (ALS)
Tuesday, May 16
Topic 13 ' Enforcing EU Law Before EU Courts (II): Actions for Annulment and Actions for Failure to Act (ALS)
Preparation for the Final Exam
Documents
Documents published on the course e-learning platform (Moodle) form an integral part of the course. Since the course is based on a direct analysis of legal sources, you are expected to bring the course pack to every class. The course pack is available at the DUC (Grand-Rue 2). It is also available in electronic form on Moodle (in Word and PDF formats). Please note that the course pack has been extensively revised this year: versions used in the past are therefore totally useless.
Students attending the practical exercise sessions shall be in possession of the relevant exercise booklet. It will be downloadable from Moodle as of the end of February. Remember to bring this exercise booklet to every class.
Textbook
The textbook used is:
· Jean-Paul Jacqué, Droit institutionnel de l'Union européenne - 8e éd., Paris: Dalloz, 2015.
You are strongly encouraged to buy this textbook and to read it as we progress through the course. By doing so, you will be able to easily establish links between the lectures and the corresponding chapters of the textbook. Feel free to read the textbook either before or after the course. In any event, reading the textbook will allow you to better understand topics dealt with in class. This is particularly useful since you are not expected to learn information by heart but to learn how to apply the knowledge you have acquired through the lectures and the practical sessions. Therefore, having more than one source ' the lecture notes and the textbook ' to learn from and grasping the slight differences that may exist between the two will help you develop a better and more complete understanding of the subject.
Further reading
The following books are recommended for further study:
· Hélène Gaudin, Marc Blanquet, Joël Andriantsimbazovina, Francette Fines, Les grands arrêts de la Cour de justice de l'Union européenne, Tome 1 : Droit constitutionnel et institutionnel de l'Union européenne, 7ème éd., Paris, Dalloz, 2014.
Case notes on nearly all seminal cases we will study. Very useful read.
· Miguel Maduro, Loïc Azoulai, The Past and Future of EU Law: The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty, Oxford, Hart Publishing, 2010.
Another excellent reference on seminar cases. Several points of view on each case.
· Christa Tobler and Jacques Beglinger, Essential EU Law in Charts, 3ème éd., Budapest, HVG-ORAC, 2014.
If you have a graphic memory, you will love this book !
· Robert Schütze, European Union Law, Cambridge, Cambridge University Press, 2015.
Great textbook in English.
