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Course 2021-2022 a.y.

50204 - KEY ISSUES IN EU LAW

Department of Law

Course taught in English


Go to class group/s: 31

CLMG (6 credits - I sem. - OP  |  IUS/13) - M (6 credits - I sem. - OP  |  IUS/13) - IM (6 credits - I sem. - OP  |  IUS/13) - MM (6 credits - I sem. - OP  |  IUS/13) - AFC (6 credits - I sem. - OP  |  IUS/13) - CLELI (6 credits - I sem. - OP  |  IUS/13) - ACME (6 credits - I sem. - OP  |  IUS/13) - DES-ESS (6 credits - I sem. - OP  |  IUS/13) - EMIT (6 credits - I sem. - OP  |  IUS/13) - GIO (6 credits - I sem. - OP  |  IUS/13) - DSBA (6 credits - I sem. - OP  |  IUS/13) - PPA (6 credits - I sem. - OP  |  IUS/13) - FIN (6 credits - I sem. - OP  |  IUS/13)
Course Director:
ELEANOR SPAVENTA

Classes: 31 (I sem.)
Instructors:
Class 31: ELEANOR SPAVENTA


Suggested background knowledge

Students who do not have a background knowledge of EU law should acquaint themselves with the basic institutional and constitutional architecture of the EU and should read a A. Arnull EU Law : a Very Short Introduction (OUP 2017)


Mission & Content Summary
MISSION

The course aims to introduce students to advanced and discrete topics of EU law, so as to equip them with more sophisticated tools to understand and work with EU law. In particular, the course focuses on the rule of law crisis, i.e. the problems arising from varied compliance with democracy, rule of law and fundamental rights within the Member States of the European Union; the Brexit process, in its constitutional, substantive and institutional dimensions; the external relations of the EU and State Aids.

CONTENT SUMMARY
  • The rule of law crisis:
    • The general framework of Fundamental rights protection in the EU and the genesis of Article 7 TEU.
    • The 'crisis' - From Haider to Romania.
    • The institutional response
    • The Jucidial response.
    • Future prospects.
  • Brexit
    • Article 50 from both the perspective of the EU and the perspective of the UK.
    • The political and legal constraints which have created the stalemate in April 2019.
    • The Withdrawal Agreement, focusing in particular on citizens rights and the Northern Irish Backstop.
    • The main aspects of the Trade and Cooperation Agreement  between the EU and the UK.
  • External relations
    • Common Foreing and Security policy
    • Individual and State Sanctions and
    • Application of fundamental rights to external acts of the EU
    • Common Commercial Policy (also linking to the Brexit debate)
    • Conditionality clauses and the link between commercial policy and other policy objectives of the EU.
  • State aids:
    • Definition of State aid.
    • Justifications for state aid: mandatory and discretionary exceptions.
    • Stae aid and services of general economic interest.
    • Enforcement of state aid rules.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Define and describe the workings and the shortcomings of EU policies in the relevant areas (rule of law, Brexit, state aid and external policy).
  • Illustrate their points with examples from the case law, policy documents and acts of the EU institutions.
  • Summarize effectively and critically complex information and express clearly their opinions on the topics examined.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Analyze complex material (regulations, case law and policy documents).
  • Apply their knowledge to concrete situations.
  • Argue coherently their view point illustrating their aswers with examples.
  • Evaluate the effectiveness of EU action in the policy areas under examination.

Teaching methods
  • Face-to-face lectures
  • Group assignments
  • Interactive class activities (role playing, business game, simulation, online forum, instant polls)
DETAILS

The classes are intended to stimulate and ensure student participation. To this end, there are going to be group assignemetns as well as problem question solving within the class. 


Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •     x
  • Group assignment (report, exercise, presentation, project work etc.)
  • x    
  • Active class participation (virtual, attendance)
  • x    
    ATTENDING AND NOT ATTENDING STUDENTS

    The final exam aims to assess students' knowledge and understanding of the workings and the shortcomings of EU policies in the relevant areas as well as their ability to critically assess discrete topics of EU law.

    The group assignment is designed to test students' ability to conduct independent research and critically engage with, and examine relevant primary and secondary sources (case law, legislation, scholarship). 


    Teaching materials
    ATTENDING AND NOT ATTENDING STUDENTS

    Teaching materials consist of specialist articles and chapters from books, case law, policy documents etc, as well as the slides used during the lectures. Where possible, and consistently with copyright, teaching materials are uploaded on Bboard; where teaching material cannot be directly uploaded detailed references are given on Bboard.

    Last change 16/07/2021 15:39