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European Union Law (LAW-659-001)
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The course is designed as a general introduction to the legal system of the European Union (EU), covering both its constitutional and institutional architecture and examining the evolution and development of this relatively young and dynamic legal and political entity. The EU is a unique political arrangement which, despite the various labels – super-state, federation, international organization – sometimes used to describe it, continues to defy ready categorization. It remains a paradox in many respects. It is a closely integrated policy possessing its own international legal personality and power, even while being comprised of members which remain sovereign nation states. The course is organized in three parts. Part 1: Historical, Institutional and Doctrinal Background. Specific community policies (such as the emergence of European human rights protection and European environmental protection) will be examined. Part 2: The Internal Market. This part examines the substantive core of the European project, which remains in large part a project of economic integration. We will concentrate on the EU internal market law – the free movement of goods (quantitative and qualitative restrictions to trade), persons, services, capital (and the integrated financial market), the right of establishment in light of the ECJ jurisprudence and the European Monetary Union and sovereign crisis management (the case of Greece). Part 3: EU External Relations and Commercial Policy. This part looks at the evolution of the EU as an international actor and at the increasing role played by the EU as a global trade participant. In particular, we look in some depth at the EU’s external environmental action and at the EU’s participation in the WTO.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check here to determine if books are currently available for purchase online.
All the documents for our class including treaties, EU official documents, ECJ and General Court (formerly known as Court of First Instance – CFI) case law and scholarly articles will be posted on MY.WCL. Professor Cervone will leave, on reserve at the Pence Library, an OPTIONAL textbook, P. Craig & G. de Búrca, EU Law: Text, Cases & Materials (5th ed. 2011) ISBN13: 9780199576999 ISBN10: 0199576998. Each week you will be assigned some required reading for class with a SESSION OVERVIEW to provide more detailed background reading on the topic.
First Class Readings
The Schuman Declaration of 1950; Antonio Misirolli, "EU 2010 - a reappraisal" (2010)
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