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Course 2019-2020 a.y.

50204 - KEY ISSUES IN EU LAW

Department of Law

Course taught in English

Go to class group/s: 31

CLELI (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; students are encouraged to contact the course convenir in advance so that relevant learning material can be suggested.


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; State aids; the external relations of the EU.

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 (Commission and European Parliament).
    • The Jucidial response.
    • Future prospects.
  • Brexit
    • This part of the course is necessarily reactive to political developments; in any event we will consider.
    • Article 50 from both the èperspective of the EU and the perspective of the UK, also thinking forward.
    • The political and legal constraints which have created the stalemate in April 2019.
    • The Draft Withdrawal Agreement, focusing in particular on citizens rights and the Northern Irish Backstop.
    • The frameiwrk for the future relationship between the EU and the UK.
  • 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.
  • 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.

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
  • Guest speaker's talks (in class or in distance)
  • 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 STUDENTS
    • For students who actively participate in classes, the average may be increased by 1/30 points and, on top of that, up to 2/30 points for group assignments.
    • The program of the general exam for attending students is indicated in the section on teaching materials for attending students (see below).
    • Exams are purported to verify that students have achieved a sufficient critical understanding of the topics addressed in class (Rule of law crisis, Brexit, State Aids, External Relations).
    NOT ATTENDING STUDENTS
    • Exams are purported to verify that students have achieved a sufficient critical understanding of the topics addressed in class (Rule of law crisis, Brexit, State Aids, External Relations)
    • The program of the general exam for attending students is indicated in the section on teaching materials for attending students (see below).

    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 13/06/2019 16:54