Advanced EU Law Policy & Diplomacy (CANCELLED) (LAW-659A-001)
Assessment: Paper In-class exam, true/false questions In-class Projects (Class presentations) Out-of-class Project(s) (Reaction papers) Class participation
This is a survey course intended to introduce students to the law and institutions of the European Union (EU) with a particular emphasis on the Court of Justice of the EU (CJEU). The EU is an organization that began as the European Coal and Steel Community of six states in 1952, but which has greatly expanded in both its membership and the scope of its activities since then. There are currently twenty-eight member states with applications for membership pending from several others, including candidate states such as Turkey, and FYROM (Macedonia). The scope of the EU’s powers, which are shared with member states in a set of arrangements even more complex than that of the US’s ‘marble-cake federalism,’ ranges from core market-liberalization activities to the growing field of ‘justice and home affairs’ (including immigration, policing, criminal and civil law coordination) and even to aspects of CFSP (Common Foreign and Security Policy). The law of the European Union is part of the daily lives of its members and their nationals. It provides a regulatory framework that is essential for most forms of political, economic, commercial, financial, social, scientific and cultural interaction and cooperation not only at the European level but has impact on businesses, political entities and individuals. At the same time, the role of the European Union at the international stage is continuously increasing, often time by replacing the external action of its Member States with respect to international trade, human rights and economic development. This course is divided into three parts. The first part examines European Law, as a system of supranational institutions and introduces the constitutional project by examining the core doctrinal elements in the jurisprudence of the CJEU– direct effect, supremacy, and institutional balance—. The second part examines the substantive core of the economic integration project, which has traditionally remained the strongest form of harmonization by the EU. We will concentrate on the EU internal market law – the free movement of goods, persons, capitals and services. The third part looks at how in light of EU crises in the areas of migration, fiscal policy, trade and Brexit the CJEU developed new important jurisprudence in a field by using the principle of mutual recognition and through judicial diplomacy.
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 to determine if books are currently available for purchase online.
The book required for the course will be EU law stories by Bill Davies and Fernanda Nicola available http://www.cambridge.org/us/academic/subjects/law/european-law/eu-law-stories-contextual-and-critical-histories-european-jurisprudence?format=PB Other materials will be posted on my.wcl
First Class Readings
Please read introduction to EU law stories and other materials uploaded on my.wcl
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