The course syllabus
Professor: Tamara Ćapeta
Entry requirements: none
Working materials:
All class reading is attached to relevant teaching units and downloadable from this page. Materials should be printed and read in advance of each class. General materials, including the EU Treaty and the EC Treaty, as well as the Lisbon Treaty, are downloadable as PDF files in integral text. Links are at the bottom of the page. Only some parts thereof will be used in class.
Exam:
Open book essay and/or a hipothetical
Day One - Accession to What?
Unit 1 - History of European Integration Process
Learning outcomes: Students will get the basic understanding of the reasons and orientation in the progress of the European integration process. This will enable them to understand the choices made in different points of integration.
Assignment: None
Reading: There is no reading for this class
You man consult the presentation of the history of EU integration at europa web page
Day One - Accession to What?
Unit 2 - Institution of the EU
Learning outcomes: Students will learn about the organization, tasks and the division of powers between main political institutions existing at the EU level.
Assignment: None
Reading: There is no reading for this class.
Day One - Accession to What?
Unit 3 - The European Court of Justice
Learning outcomes: Students will learn about the organization and main heads of the jurisdiction of the ECJ.
Assignment: Print out the relevant Articles of the Treaty.
Reading:
- Relevant Articles of the Treaty
- Graphicon of the ECJ jurisdiction taken from Hartley, The Foundations of EU Law, OUP, 2003
Day Two - International or Constitutional Legal Order?
Unit 4 - Constitutionalization of the EU - Direct Effect and Supremacy from the ECJ perspective
Learning outcomes: Students will get acquainted with and understand the role of the ECJ in process of constitutionalization of the EU, as well as place and function of its decisions in the legal order of the EU. They will acquire basic knowledge and understanding of concept of direct effect and supremacy of Community law.
Assignment: As backgroung reading, the students should read the first part of the Weiler's Article - Transformation of Europe. Read the Van Gend en Loos and Costa v ENEL decisions and be ready to discuss the casees in class. Focus on facts of the case and try to identify legal, political and economic issues involved in the case.
Reading:
Day Two - Direct Effect and Supremacy from the domestic perspective
Unit 5 - Fundamental Rights/Kompetenz-Kompetenz Issue
Learning outcomes: Students will learn that the two leading doctrines that transformed Europe look different from the position of domestic legal orders. The students will understand the reasons for the introduction of the fundamental rights doctrine in the EU legal order. The students will learn what is Kompetenzi - Kompetenz Issue in the EU, and be able to discuss whether and how it can be solved.
Assignment: Think about the problem raised by the case International Handelsgesselschaft. Read how has the Federal German Constitutional Court responded at first (Solange I - excerpt). How has the ECJ proposed to solve it?. Has the German Federal Constitutional Court accepted the solution offered by the ECJ? (Read Solange II)
Reading:
Day Two - Practical Use of Direct Effect and Supremacy
Unit 6 - Simmenthal Mandate
Learning outcomes: Students will learn which obligations the newly created doctrine of direct effect coupled with supremacy impose on the national courts (ie courts of the Member States).
Assignment: Read the case Simmenthal and think about which obligations are created for the national courts (ie domestic courts of the member States). Read the case Factortame and think about problems which it has caused to the doctrine of the sovereignty of Parliament in the UK.
Reading:
Day Three - Practical Use of EU law
Unit 7 - Expansion of Direct Effect : Direct Effect of Directives
Learning outcomes: The students will learn about different sources of E law and their possible direct effect. The students will be able to discuss why has the ECJ insisted on the direct effect. The students will be able to discuss about the pros and cons for the direct effect of directives.
Assignment: Read the definition of a directive in the Treaty. Think about whether text leads to the conclusion that directives do have or do not have direct effect. Read cases Van Duyn and Ratti, and think about different reasons that the ECJ offered to justify direct effect of directives.
Reading:
Day Three - Practical Use of EU law
Unit 8 - Horizontal Effect of Directives
Learning outcomes: Students will learn the division to horizontal and vertical direct effects. They will be able to discuss pros and cons for allowing horizontal effects of Directives.
Assignment: Read cases Marshall and Foster v British Gas, and the Opinion of Advocate General in the case Faccini Dori. Think about arguments for and against horizontal effect of Directives.
Reading:
Day Three - Other Means of Enforcement of Community Rights in the Courts
Unit 9 - Interpretative Effect
Learning outcomes: Students will learn what does the obligation of conform interpretation with Community law consists of. Students will learn how to discuss possible boundaries of such obligation. Students will also learn about the differences between the first and the third pillar of the EU.
Assignment: Read cases Von Colson and Kamman, and Kolpinghuis Nijmegen and case Pupino. How did the Court justify obligation of conform interpretation? Where are the boundaries of such obligation?
Reading:
Day Four - Other Means of Enforcement of Community Rights in the Courts
Unit 10 - State Liability for Damages
Learning outcomes: Students will learn why has the ECJ introduced the concept of state liability on damages caused to individuals by breach of EC-based obligations. Students will learn about the conditions for state liability in damages.
Assignment: Read case Francovich and think about the following questions: Why did the ECJ consider Directive 80/987 not to be directly effective? Is, according to the ECJ, state liability a Community or a national law principle? On what grounds? Which are conditions for state liability? Read Joined cases Brasserie/Factortame 3, and think about the following questions: Can states be liable for breaches of directly effective EC law? Which branch of Government can be hold liable? Which conditions for state liability has the ECJ stated in Brasserie? Are they different from conditions mentioned in Francovich? Why?
Reading:
Day Four - Becoming a member of the EU
Unit 11 and 12 - External competences of the EU
Learning outcomes: Signing an association agreement is the first step on the way of becomming an EU member. The students will learn how does the EU conclude international agreements. Students will learn about the effects of international agreements that bind the EU in the EU legal order and about the differences in the interpretation of the equally worded provisions of the EC Treaty and an international agreements. They will learn basic facts about Croatian SAA.
Assignment: Read the relevant articles of the EC Treaty. Read case ERTA. Is the principle of enumerated powers (principle of conferral) applicable in the field of external powers of the EU? What are the differences in this respect between the EU and the US? What has the ECJ said in ERTA about the scope of EC external powers? Are these powers exclusive or shared? Can International Agreements produce direct effects?
Reading:
Day Five - Negotiating the EU membership
Unit 13
Learning outcomes:Students will learn about the conditions for membership in the EU. They will learn about the harmonization process that takes place before accession.
Assignment: Read Accession Process and Negotiation Process files, and look into the Croatia Progress Report to understand what is assessed during accession negotiations.
Reading:
Day Five - Negotiating the EU membership
Unit 14 and 15 - Using EU law concepts in Pre-Accession Times
Learning outcomes: Students will learn about the conditions for membership in the EU. They will learn about the harmonization process that takes place before accession. They will be able to discuss how can the concepts developed within the EU legal order can be used in the pre-accession period.
Assignment: Have the Outline with you. Read case Pfeiffer, and then think about the questions asked with the hipothetical case. The Article might help understanding the issue.
Reading:
Background reading and reccomended textbooks:
- J. H. H. Weiler, Transformation of Europe, 100 Yale L. J. 2403 (1991
- Craig and G. De Burca, EU LAW, Text, Cases and Materials 4th edition, Oxford UP 2008
- Trevor Hartley, The Foundations of European Community Law, 6th ed, OUP, 2007
- Wyatt & Dashwood's European Union Law, fifth edition, London: Sweet&Maxwell, 200
- Monica Claes, The National Courts' Mandate in the European Constitution, Hart Publishing, 2006
Links to the texts of the Treaties
