Substantive law of the European Union

LEUSL2023  2016-2017  Louvain-la-Neuve

Substantive law of the European Union
6.0 credits
45.0 h
2q

Teacher(s)
Sibony Anne-Lise ;
Language
Anglais
Online resources

Compulsory reading, additional reading, questions and problems to be prepared, slides used in the lecture.

Prerequisites

LEUSL2022 "Institutional law of the European Union" or LEUSL2020 "Droit institutionnel de l'Union européenne"

Main themes

This course complements the course on European institutional law, which focused on EU institutions and l how legislation is produced and enforced. It focuses on the content of EU rules. More precisely, it gives a general introduction to internal market law and to European citizenship. A short introduction to European competition law will be provided.

Aims

After taking this course, students will have a good command of internal market law and possess the know-how to apply the relevant legal rules in simple factual situations. They will be familiar with the various sources of European law and be able to determine if primary or secondary legislation applies in a situation within the scope of internal market law.

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”.

Evaluation methods

Assessment consists of a 20-minute oral exam in English, comprising a problem and several questions. You will have 20 minutes to prepare the problem before presenting your solution. Assessment criteria are as follows:

·         ability to correctly identify a legal issue in a given factual situation

·         ability to identify correctly the applicable rule

·         ability to enunciate clearly a legal rule

·         ability to adequately explain applicable legal rules

·         ability to justify the choice of a legal rule with regard to practical aims

·         exact knowledge of legal rules

·         ability to select relevant knowledge in relation to a given question or problem

·         logical reasoning

·         quality and sufficiency of reasons given to justify the analysis proposed or the point of view argued

·         correct use of legal vocabulary.

Students may bring to the exam the European treaties as well as the coursepack. Authorised documents may not be annotated. Students may however highlight and/or flag certain sections in authorised documents. They may write a few letters or words on flags in order to mark specific locations in the course pack. Students may bring a monolingual and/or a bilingual dictionary.

Teaching methods

This course is partly lecture based and partly a seminar. You will regularly have to read, conduct research and prepare for class discussions and exercises (discussion about court cases, problems, debates).

Content

This course deals with internal market law and European citizenship. The four basic freedoms (free movement of goods, persons, capital and services) form the backbone of this course. Note however that free movement of capital will only be dealt with briefly. A short introduction to European competition law will be provided. The methods which characterise European legislation on one hand (harmonisation, mutual recognition, administrative cooperation) and case-law of the Court of Justice of the European Union on the other (typical patterns of reasoning) will be emphasised throughout the course.

Bibliography

The book you need to buy

Robert Schutze, European Union Law, Cambridge: Cambridge University Press, 2015. New textbook on EU law.

Other references

Catherine Barnard, The Substantive Law of the EU: The Four Freedoms, Oxford : OUP, 2013 (Fourth Edition). The text of reference on internal market.

Paul Craig and Gráinne de Búrca, EU Law: Text, Cases, and Materials, Oxford : OUP, 2015 (Sixth Edition). Reference text on EU Law. Coverage is much broader than that of the course: institutional law, internal market, competition, IP, agriculture, judicial cooperation'

Karen Davies, Understanding European Union Law, Routledge (6th Edition) 2016. A very clear and concise book. Perfect if you need a refresher about the basics of EU law or if you want to acquaint yourself with the vocabulary of EU Law in English. It covers more than the course but be aware that it is less in-depth than the course on internal market law.

Faculty or entity<


Programmes / formations proposant cette unité d'enseignement (UE)

Program title
Sigle
Credits
Prerequisites
Aims
Master [120] in European Studies
6
-

Master [120] in Public Administration
6
-