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Course 2022-2023 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 separate topics of EU law, so as to equip them with more sophisticated tools to understand and work with EU law. In particular, the first part of the course focuses on the crises that have struck the EU in the past years and, in particular, the rule of law crisis, Brexit, Covid-19 and the invasion of Ukraine. The second part of the course will look at some of these issues from different perspectives, focusing on the external relations of the EU; and on mutual trust as an overarching constitutional principle in the EU (e.g. how does the rule of law crisis affect the doctrine of mutual trust?)

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 Judicial response. Future prospects.

 

 

 

Brexit

 

Article 50 from both the perspective of the EU and the perspective of the UK.

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.

 

Covid 19 and the war in Ukraine

 

· Next Generation EU, its workings and its novelty

· Changes in the governance of the EU

· The response to the war in Ukraine and perspective for the future

 

 

· External relations at a time of global crises

Common Foreign and Security policy and the Sanction regime against Russia

The EU trade policy facing geopolitical instability

 

 

 

· The principle of mutual recognition and the importance of mutual trust

 

Mutual recognition and mutual trust in the Internal Market:

 

The Cassis doctrine

 

Problems with the mutual trust doctrine

 

Challenges of market management

 

Mutual recognition and mutual trust in other contexts, e.g.

 

Area of Freedom, Security and Justice

 

Rule of law crisis

 

Brexit


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.
  • 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.

    Argue coherently their view point illustrating their answers 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 07/07/2022 11:00