EU Law : Foundations (+ exercises session without casus)

Teacher(s)

Bauerschmidt Jonathan; Delhomme Vincent;

Language

English

Prerequisites

The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet.

Learning outcomes

At the end of this learning unit, the student is able to :

This course aims to introduce students to the fundamentals of EU Law. Specifically, it will provide students with a clear understanding of the constitutional foundations of EU law and its institutional structure. It will deepen students' understanding of the European judicial system and the relationship between EU law and the legal systems of the Member States. Considering that the legal system of the European Union is in a state of constant flux and change, emphasis will be laid on the dynamic architecture of the European Union, brought about by the Court of Justice when interpreting EU law and the successive amendments to the EU basic treaties. In so doing, students will reflect on current attempts to simplify the Union and redefine its sphere of competence and its inter-institutional allocation of power.

Content

The course is built around three main themes: the establishment of the EU, the exercise of power in the EU, and the legal system of the EU. The course unfolds through a series of lectures on specific themes: nature of the EU and the EU legal order, historical developments, sources and principles of EU law, competences, institutional structure, internal and external legislative powers, executive powers, legal remedies, fundamental rights, internal market and citizenship of the EU.
A particular focus is laid on the analysis of the case-law of the Court of Justice, key vector of EU integration.

Teaching methods

Lectures are essentially ex cathedra teaching (supported by a PowerPoint presentation) but students are strongly invited to participate to the discussion, on the basis of the assigned readings (mostly case law). These should be read ahead of class. A careful analysis of the assigned reading is strongly advised, so as to be best prepared for class and for the exam.

Course materials: PowerPoint presentations (uploaded online in the day(s) following the lecture), course outline, case book, textbook (M Dawson and F de Witte, EU Law and Governance (CUP 2022).

Tutorials: The lectures are supplemented by three ‘tutorials’ given by the course assistant. Each two-hour session is focused on a selected topic of substantive European law, with a view to giving students an insight into the concrete influence of EU law and the case law of the Court of Justice on the lives of its citizens and businesses active on the European market.

Evaluation methods

The final assessment consists of a written examination (3 hours) comprising theoretical and practical questions on the matters covered in the lectures and the tutorials. Students will be evaluated on the basis of their understanding of the fundamental concepts addressed during the course and their ability to articulate and structure an argumentative reasoning, in a synthetic manner. The level of English will not be evaluated per se but account will be taken of the quality and clarity of expression in the marking of the exam.
The last session before the exam is a review session during which students can ask the professors for clarification. A fictitious exam topic will also be solved collectively.
It is an open-book exam. Students may use the consolidated EU Treaties (TEU, TFEU, Charter), the PowerPoint presentations, the outline, the case book and a language dictionary. Textbooks are not allowed.

Other information

For any question or to request a meeting, please contact Vincent Delhomme (vincent.delhomme@usaintlouis.be) and Jonathan Bauerschmidt (jonathan.bauerschmidt@usaintlouis.be).

Bibliography

Outre les lectures obligatoires et facultatives, un ouvrage de référence complète le cours : Robert Schütze, European Union Law (Cambridge University Press, 2021). Les étudiant.e.s peuvent également consulter Robert Schütze, An Introduction to European Law (Oxford University Press, 2020).

Faculty or entity

DRTB