Law of the European Union

Uitgebreide vaknaam	Law of the European Union
Leerdoelen	This course builds on the knowledge which the student has acquired in the Introduction to European Union Law, taught in year 1. In the Introduction course, the student has acquired an understanding of the institutional framework of the European Union and a number of the main legal principles that have been developed to create a functional legal system. This course will therefore work from the premise that the student: - Can sum up the institutions of the EU - Can describe how these institutions relate to each other. - Can explain inherent tensions in the system related to for instance the legislative procedure. - Understands the division of competences that exists in the EU. - Can give a reasoning underpinning concepts as ‘primacy’ and ‘autonomy’ based on that understanding. - Has the skills to find and use primary and secondary sources, either in the Treaties, or on-line in the case-law of the Court of Justice of the EU or in the catalogue of the University for Articles. “Law of the European Union” will explain to the student why this legal and institutional framework was built, and how it has evolved over the years since its creation with the Treaty of Rome in 1958. This means that this course will focus on substantive EU law, mainly dealing with the existence and regulation of the Internal Market. At the end of the course, you, the student, will be able to: - Describe the four fundamental freedoms of the European Union and explain why they are necessary for a functional internal market. - Understand the legal and economic concepts underpinning the internal market. - Explain the inclusion of competition law in the creation of the internal market. - Analyse whether or not measures taken by a Member State can be justified according to the rules set by the Treaties and Court of Justice. - Formulate an opinion on the development of case-law in areas of free movement, especially contentious areas such as free movement of persons. - Argue whether or not Member State measures are proportional. - Analyse whether the actions of a company are opposed to the principles of the internal market. - Critique judgments of the Court of Justice based on the theories and principles taught during this course. The course also aims to build on the practical skills that a student will need upon graduation, in line with the aim of the Faculty of Law of the University of Groningen to develop academically educated legal professionals. Following the goals of the LL.B. program, students will on critical, academic thought expressed through long-form essay writing. To that end, students will be taught the basic academic skills that will be further developed during the Research Seminar and Research Colloquium. These skills will be principally be developed during the tutorials. After theses tutorials, you will be able to: - Understand and formulate a basic research question or problem. - Create a basic structure that will help in addressing that question. - Separate core issues from lesser ones. - Apply primary sources to solve the research question. - Find secondary sources to better understand research questions. - Analyse those secondary sources and compare them to conclude what is relevant for your conclusion. - Write a basic 1500 word essay that lucidly and comprehensively addresses a research question. Knowledge and Understanding The course introduces - a range of aspects of the internal market, - the relationship between European Union Law and national law; and - the judicial remedies available to institutions, Member States and private parties. Skills On the successful completion of this course, a student will be able to: 1. Demonstrate an understanding of the structure, institutions, sources of law and law-making procedures of the European Union; 2. Demonstrate an understanding of aspects of substantive EU Law; 3. Identify and explain how EU law is enforced and the interaction of the European Union Legal Order with the legal systems of its member states; 4. Demonstrate ability to apply legal knowledge learnt during the course and to use appropriate interpretative techniques to address and give a reasoned resolution of a problem / case study.
Omschrijving	The course in EU Law will consist of two times two hours of lectures, and one tutorial of two hours. The 14 lectures will consist of the following, non exhaustive list of topics: - The concept of the Internal Market - Free movement of Goods - Free movement of Services and Capital - Free movement of Workers and Persons - Competition law and its place in the internal market - The EU's role on the world stage. - (The development of) non-economic EU law - Effects of substantive law in national legal orders - General principles and fundamental rights. These lectures can be supplemented by lectures and materials of specialists in specific sub-fields of EU law, as examples of the breadth of the subject and the effect of EU law in different areas of life. The tutorials will consist of weekly worksheets with a number of questions to be discussed in class, which will help the student in understanding the core material, and one or two essay style assignments, which will help students to reflect on what they have learned. Active participation in class discussion will be mandatory. Only through discussion and explaining your reasoning will you gain a greater understanding of the prescribed material. The examination will take place by way of on a digital exam, where you will need to answer four questions in essay form. Part of the grade can on a voluntary basis be supplemented by handing in an essay. The conditions for participation will be announced in the third week of the course. Enforcement of the law discussed in this class will be the subject of the follow up course EU Law of Judicial Protection.
Uren per week	6
Onderwijsvorm	hoorcollege, werkgroep (7 4-hour lectures and 7 2-hour tutorials)
Toetsvorm	opdracht(en), schriftelijk (essayvragen) (digitaal)
Vaksoort	b-niveau, juridisch
Coördinator	dr. M.J. van Wolferen
Docent(en)	mr. dr. J. Lindeboom ,dr. M.J. van Wolferen
Verplichte literatuur	Titel Auteur ISBN Prijs Blackstone's EU Treaties & Legislation, latest edition Nigel Foster 9780198709541 ca. €  25,00 European Union Law, laatste editie Barnard & Peers 9780198789130 ca. €  50,00
Entreevoorwaarden	This course is only accessible for students that have obtained at least 45 EC from their first year courses at research university level or that participate in a pre-approved pre-master or decree programme. This course is not open to non-law exchange students. Not accessible for students who have passed European Law (RGBEE50010) before 1-9-2020.
Opmerkingen	All students following this course are advised to read Schutze (2012) An introduction to European Law before the start of this course, particularly if they have not followed the first-year Introductory course in the Groningen LL.B. programme. Voor bachelor Rechtsgeleerdheid (IER-studenten) zijn de online colleges van Introduction to International and European Law beschikbaar in het Engels op de nestorpagina Lectures Introduction to International and European Law
Opgenomen in	Opleiding Jaar Periode Type Ba Rechtsgeleerdheid - afstudeerrichting Int & Europees Recht 2 semester I a verplicht Exchange programme Law 1 semester I a optional LLB International and European Law 2 semester I a verplicht LLB International and European Law, track Technology Law 2 semester I a verplicht Open Colleges 1 semester I a keuze Pre-LLM International and European Law: track Energy and Climate Law 1 semester I a compulsory Pre-LLM International and European Law: track European Law in a Global Context  ( Pre-LLM European Law in a Global Context ) 1 semester I a compulsory Pre-LLM International and European Law: track European Law in a Global Context  (For Intern. Relations or Pol Science Students, variant 2 starting in semester 1) 1 semester I a compulsory Pre-LLM International and European Law: track Global Criminal Law 1 semester I a compulsory Pre-LLM International and European Law: track International Commercial Law 1 semester I a compulsory