Europeanisation of Public Law (10 ECTS)
When: Year 2, Block 3
Brief course description: 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.
*Official course information and schedules during the academic year can be found in Ocasys.
|Last modified:||21 December 2017 12.57 p.m.|