EU Law, Policy & Diplomacy (LAW-659A-001)
Fernanda Nicola
Meets: 09:00 AM - 10:50 AM (W) - Warren - Room NT03
Enrolled: 12 / Limit: 22
Notices
There are no notices at this time.
Description
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 jurisprudence of the Court of Justice of the EU (CJEU) and the EU foreign policy on trade, investment and privacy regulation. 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 and technological interaction and cooperation not only at the European level but has an impact on public institutions, individuals and businesses globally. At the same time, the role of the European Union at the international stage is continuously increasing, often by replacing the external action of its Member States with respect to international trade, human rights and regulatory influence, take for instance the global effect of the General Data Protection Regulation (GDPR) on data transfer.
The EU is an international organization that began as the European Coal and Steel Community of six states in 1952 and 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).
This course is divided into three parts. The first part examines European Law, as a system of supranational institutions and introduces the pros and cons of the constitutional project by examining the core doctrinal elements in the jurisprudence of the CJEU (direct effect, supremacy and institutional balance). We will start our first class in August with the visit of a judge of the Court of Justice of the EU tacking the issue of originalism in European interpretation. 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 and regulatory approaches for consumer and data privacy protection– as the main architecture of the EU. The third part addresses the architectural crises that are shaking the foundation of the “integration though law” including the rule of law backsliding in Hungary and Poland, the migration and fiscal policy crisis and the imminent Brexit scheduled for March 2019.
Textbooks and Other Materials
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First Class Readings
Not available at this time.
Syllabus
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Microsoft Word 2007 (DOCX)