Year 2, semester 2
Administrative Law (10 ECTS)
- Prof. Dr J.H. Jans
- M. Nap, LLM
- Dr V.M. Bex-Reimert, LLM
This is a course about the relation between European and national public law (in a comparative context). More in particular on how EU law is changing some of the fundamental aspects of public and administrative law of its Member States. The course presents a dynamic picture on the inter-relationships between national and European law.
Well known EU legal doctrines on ‘procedural autonomy’, ‘direct effect’, ‘consistent interpretation’, ‘ex officio application of European law’ and ‘state liability’ are used as a starting point for looking into the consequences of those doctrines in the various Member States. Attention is also given to important questions on the enforcement of European law in the national legal order, the organisation of the national judiciary and the influence of European law on fundamental principles of (public) law like a.o. legal certainty, non-discrimination and the proportionality principle. For those purposes case law stemming from more than 15 different jurisdictions is being analysed on how European law is actually being applied by the various national public law courts.
Furthermore, some issues of comparative constitutional law that are of relevance for the European legal order will be dealt with. Students will be introduced to the European legal framework for the protection of human rights and the way these rights are enforced. As a result, students will have a basic understanding of the concepts of fundamental rights and their enforcement mechanisms. Furthermore, the European Union will be examined as a constitutional entity. The aim thereof is to enable students to give an outline of the impact the European Union as a constitutional system has on the constitutional system of the Member States. Finally, the constitutional challenges surrounding the state of emergency will be discussed.
Research Seminar European Law (5 ECTS)
- Prof. Dr G.P. Mifsud Bonnici
- L. Squintani, LLM
- Prof. Dr D. Kochenov
European Law whilst simultaneously improving their writing skills.
While following European Law I classes you may have realised that various European Law doctrines are related.
For instance, the effectiveness of European law, combined with the preliminary reference procedure, and the interpretation of the fundamental freedoms are inherently connected. In this course you will consider in more depth a number of these connections and learn to apply concepts to practical solutions in European law. After successfully concluding this course, you will have acquired the research and writing skills necessary when practicing in European law.
The course is assessed by a mixture of assignments which will be carried out during the seven seminar weeks.
The final grade for the course is a composite of the grades in the assignments.
Civil Procedural Law (5 ECTS)
- Dr R.J.C. Flach (coordinator)
- Dr A.H. Santing-Wubs
Civil procedural law provides regulation for civil proceedings. In civil proceedings claims derived from substantive private law are verified, specified and strengthened by an enforcement title. A claimant, who pretends to have a right, is granted a right and title to prevent him from taking the law into his own hands. In addition there will be a contribution to the further development and the unity of substantive law. Civil procedural law is therefore crucial for forming an understanding and knowledge of substantive private law. Furthermore, the civil procedure has the function of dispute settlement. The judge will make a decision based on legal rules. Whether or not the dispute between the parties will be solved by this decision is not certain. For this, two other legal concepts are available: the judge can assist the parties involved to resolve the case by means of a settlement, and the judge can facilitate parties coming to a solution under the supervision of a third party (mediation). Because this is an international course, the focus is not based on one national legal system, but on the Principles of Transnational Procedure, as drafted by the American Law Institute and UNIDROIT. These Principles are not law, but claim to have universal significance in the sense that they mirror a model of an ideal civil procedural law system which bridge the national differences. [url=http://www.unidroit.org/English/principles/civilprocedure/main.htm]www.unidroit.org/English/principles/civilprocedure/main.htm[/url]
This module is taught through lectures. Before the start of the semester a list of study material will be provided in a reader. After the lectures the module will rounded off with, depending on the number of participants, a written or oral exam.
Introduction to Economics (5 ECTS)
- T. Tuinstra, MSc (coordinator)
The module Introduction to economics will discuss microeconomics and macroeconomics. This module is specifically meant for students of LLB International and European Law. It aims to provide an understanding of the theories of market mechanisms (microeconomics) and theories of the working of economics as a whole (macroeconomics). This module will prepare students for the modules International Economics I and II which will be followed later in the programme.
The Microeconomics section of this module will focus on how consumer behaviour and producer behaviour together create market equilibrium. The analysis will then be extended towards markets that are characterized by market imperfections, such as monopoly, oligopoly and external effects, and the consequences of the ways in which the government interferes in these types of market. The Macroeconomics section will discuss the workings of economics as a whole by means of a description of the flows of money and goods and by using several models. These models will then be used to discuss the governments macroeconomic policy. The lectures will provide a general discussion of the study material, which will then be studied in more detail during the ensuing tutorials by means of cases.
Research Seminar International Law (5 ECTS)
- Dr A.J.J. de Hoogh (coordinator)
- Dr P. Merkouris
This subject will provide students that have followed Public International Law with concrete practical examples of international legal issues and show how international law functions in practice. Furthermore it will enhance their research, academic, writing and oral skills.
Sessions will be organized to deal with specific topics or problems, if possible in relation to current conflicts or controversies. Students will have to write various short papers and also at least once prepare a presentation about a legal subject or question. Active participation is required.
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