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JOHN CABOT UNIVERSITY
COURSE CODE: "PL/LAW 361"
COURSE NAME: "European Union Law"
SEMESTER & YEAR:
Fall 2020
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SYLLABUS
INSTRUCTOR:
Silvia Scarpa
EMAIL: [email protected]
HOURS:
TTH 9:55-11:15 AM
TOTAL NO. OF CONTACT HOURS:
45
CREDITS:
3
PREREQUISITES:
Prerequisite: Junior Standing
OFFICE HOURS:
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COURSE DESCRIPTION:
This course examines the European Union (EU) legal system, focusing in particular on its institutional structure, on the sources of EU law and on its lawmaking process. The general principles of EU law – including the protection of fundamental rights, proportionality and subsidiarity - and the doctrines of supremacy and direct effect are studied. Specific areas of EU law, including the functioning of the internal market, the citizenship of the Union, the external relations of the EU and the common foreign and security policy (CFSP), the Economic and Monetary Union (EMU) and EU criminal law are analyzed. Finally, the enforcement of EU law is specifically taken into consideration.
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SUMMARY OF COURSE CONTENT:
The course introduces students to the institutional structure of the EU and to its lawmaking process, focusing in particular on the existing legislative procedures. EU binding legal instruments – namely regulations, directives and decisions and, in its external dimension, international agreements – as well as non-binding ones - including recommendations and decisions - are specifically studied. The general principles of EU law – such as the protection of fundamental rights, proportionality, and subsidiarity – as well as the doctrines of supremacy, direct effect, and consistent interpretation are also analysed. The functioning of the internal market, with a focus on the four freedoms – free movement of goods, freedom of establishment and to provide services, freedom of movement of persons, and freedom of movement of capitals – is examined and the rights associated with the citizenship of the Union are studied and assessed. This is followed by an analysis of the Economic and Monetary Union and of EU criminal law.
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LEARNING OUTCOMES:
At the completion of this course, students are expected to be able to be familiar with the foundations of EU institutions and law, to critically analyse the fundamental principles of EU law, as well as to refer to multiple core areas of EU substantive law, such as the law of the internal market, the Economic and Monetary Union, and EU criminal law. Moreover, they will be able to demonstrate they have acquired critical thinking skills through legal research, analysis and argumentation as a way to solve legal issues involving the application of EU law. Finally, having worked in group and having presented the results of their research in class, students will have improved their interpersonal, communication and public speaking skills.
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TEXTBOOK:
| Book Title | Author | Publisher | ISBN number | Library Call Number | Comments | Format | Local Bookstore | Online Purchase |
| An Introduction to European Law, Third Edition | Robert Schutze | Oxford University Press | 9780198858942 | | | | | |
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REQUIRED RESERVED READING:
RECOMMENDED RESERVED READING:
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GRADING POLICY
-ASSESSMENT METHODS:
| Assignment | Guidelines | Weight |
| Mid-term Exam | Essay questions | 30 |
| Final exam | Essay questions. Non-cumulative. | 30 |
| Group work+Oral presentation | Students will examine in pairs relevant legal issues. | 30 |
| Class participation | Attendance is compulsory (see the section on “Attendance requirements”) & students shall contribute to class discussions in a meaningful way. | 10 |
-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course.
BThis is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments.
CThis is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material.Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail.
FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.
-ATTENDANCE REQUIREMENTS:
ATTENDANCE REQUIREMENTS AND EXAMINATION POLICY
You cannot make-up a major exam (midterm or final) without the permission of the Dean’s Office. The Dean’s Office will grant such permission only when the absence was caused by a serious impediment, such as a documented illness, hospitalization or death in the immediate family (in which you must attend the funeral) or other situations of similar gravity. Absences due to other meaningful conflicts, such as job interviews, family celebrations, travel difficulties, student misunderstandings or personal convenience, will not be excused. Students who will be absent from a major exam must notify the Dean’s Office prior to that exam. Absences from class due to the observance of a religious holiday will normally be excused. Individual students who will have to miss class to observe a religious holiday should notify the instructor by the end of the Add/Drop period to make prior arrangements for making up any work that will be missed. The final exam period runs until ____________
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ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic
dishonesty will receive a failing grade on the work in which the dishonesty occurred.
In addition, acts of academic dishonesty, irrespective of the weight of the assignment,
may result in the student receiving a failing grade in the course. Instances of
academic dishonesty will be reported to the Dean of Academic Affairs. A student
who is reported twice for academic dishonesty is subject to summary dismissal from
the University. In such a case, the Academic Council will then make a recommendation
to the President, who will make the final decision.
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STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap.
Students with approved accommodations must inform their professors at the beginning
of the term. Please see the website for the complete policy.
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SCHEDULE
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WEEK
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TOPICS TO BE DISCUSSED
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READING ASSIGNMENTS
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Week 1
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Introduction to the Course. The European integration process: from Paris to Lisbon.
The EU institutional framework.
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Schütze, ch. 1.
Schütze, ch. 5-6.
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Week 2
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Continued.
The nature of EU law: direct effect.
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Schütze, ch. 3.
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Week 3
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The nature of EU law: supremacy.
Legislative powers and subsidiarity.
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Schütze, ch. 4.
Schütze, ch. 7.
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Week 4
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The executive powers of the EU.
The external relations of the EU and the common foreign and security policy.
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Schütze, ch. 9.
Schütze, ch. 8.
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Week 5
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Judicial powers: the role of the Court of Justice of the European Union and of national courts.
Continued.
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Schütze, ch. 10-11.
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Week 6
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Fundamental rights in the EU.
Continued.
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Schütze, ch. 12.
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Week 7
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Review session
Mid-term exam
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Week 8
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The EU internal market: free movement of goods.
Continued.
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Schütze, ch. 13-14.
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Week 9
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The EU internal market: from the free movement of workers to the free movement of persons.
The citizenship of the Union
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Schütze, ch. 15.
Chalmers et al., ch. 11.
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Week 10
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The EU internal market: free movement of services.
The EU internal market: free movement of capitals.
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Schütze, ch. 16.
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Week 11
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The Economic and Monetary Union.
Continued.
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Chalmers et al., ch. 16.
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Week 12
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EU criminal law.
Continued.
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Chalmers et al., ch. 14.
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Week 13
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Students’ presentations
Continued.
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Week 14
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Students’ presentations.
Final review.
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Week 15
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Final exam
Date TBA
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