This course offers a general overview of the core principles of the European Union (EU) legal system. It is designed to set out, in a clear and understandable fashion, the law of the EU as found in the Treaties, secondary legislation as well as in the judgments of European courts. After the completion of this module, students are able to:
- apply the fundamental principles and rules of EU law in practice and find solutions for legal problems in this area; and
- establish the relationship between different core principles, rules and issues of EU legal system.
The course focuses both on institutional and substantive law issues. It covers the following topics: (1) the structure of the European Union and the principles it is based upon, (2) the law of institutions, (3) the relationship between the EU legal order and national legal orders, (4) the EU system of judicial protection and the way EU law may be relied on by individual litigants, and (5) the rules governing the freedoms of the European Internal Market. The part of the course dealing with the EU structure includes the following subjects: the legal framework and objectives of the Treaty on European Union and the Treaty on the Functioning of the European Union (the Treaty of Lisbon), the Treaties' principles as well as the general principles of EU law. The institutional law section encompasses the powers of the EU institutions and the relationship thereof, the decision-making process, and EU legal instruments. The subsequent segment supplies an in-depth explanation of the relationship between the EU legal order and the domestic legal orders of the member states, that is to say, it offers a step-by-step guidance on the entire enforcement process. It deals with the notions of primacy and direct effect (vertical and horizontal) as well as indirect (the principle of consistent interpretation) and incidental effect of EU law, the state liability concept, and the questions relating to legal remedies and the national procedural competence. The fourth part of this course focusing on the EU system of judicial protection is designed to present an insight into legal actions before the judicial institutions of the European Union (an action for infringement of the Treaty, direct actions for annulment and for damages and the preliminary rulings procedure). The emphasis is placed upon the system of redresses available to private parties. The concluding division deals with the free movement provisions of the Treaty, i.e. free movement of goods, persons, and services and the freedom of establishment. It highlights the manner of the application of these provisions and places them within the overall fabric of the Treaty. All aspects of the concept of the Internal Market are extensively examined.
- Dashwood, A. et al (2011). Wyatt and Dashwood's European Union Law, 6th ed., Oxford: Hart (selected pages, see the overview of subject and readings under the heading `Course Information' displayed at the course blackboard site), available at the bookstore Scheltema, Koningsplein 20, Amsterdam and in the UVA Law Library, Oudemanhuispoort 4, Amsterdam.
- Obradovic, Daniela (2013) "EU Case Law Compendium" available on http://blackboard.ic.uva.nl
Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union (the Lisbon Treaty) and the Charter of Fundamental Rights of the European Union (to be downloaded from the external links section of the course blackboard site) or `European Basic Treaties: Treaty on European Union, Treaty on the Functioning of the European Union, Charter of Fundamental Rights of the European Union (Treaty of Lisbon)?, 2010, Deventer: Kluwer, available at the bookstore Scheltema, Koningsplein 20, Amsterdam and in the UvA Law Library, Oudemanhuispoort 4, Amsterdam.
- Strong, S.I. (2010) How to Write Law Essays and Exams, 3nd edition, Oxford University Press, available at the bookstore Scheltema, Koningsplein 20, Amsterdam and in the UVA Law Library, Oudemanhuispoort 4, Amsterdam.
For further course information and possible course requirements see the Blackboard site at http://blackboard.uva.nl.