Eu Constitucional Law

General characterization

Prerequisites

Available soon

Bibliography

Handbook

 

Students must choose ONE handbook amongst the following two handbooks:

1. Paul Craig and Gráinne de Búrca, EU Law: Text, Cases, and Materials, Oxford University Press, 2020. All chapters except 25, 26, 27, 28, 29, 30.
2. Koen Lenaerts, Piet Van Nuffel, and Tim Corthaut, EU Constitutional Law, Oxford University Press, 2021. All parts except Part II.9,10,11; Part IV.19,20,21,22.

 

Case law

 

https://curia.europa.eu/jcms/jcms/j_6/en/ ¿ Search for a case/ Add case no. /select ¿judgement¿

• Van Gend & Loos, C-26/62 (direct applicability of the Treaty)
• Costa v. Enel, C-6/64 (primacy)
• Simmenthal, C-106/77 (primacy and immediate non-application by domestic courts)
• Tanja Kreil, C¿285/98 (primacy)
• Ratti, C-148/78 (direct effects of directives)
• Ursula Becker C-8/81 (direct effects of directive ¿plus¿)
• Faccini Dori, C-91/92 (vertical and horizontal effects)
• Opinion no. 2/2013 (accession to the ECHR)
• Srl CILFIT and Lanificio di Gavardo SpA v. Ministero della Salute, C¿283/81 (preliminary ruling)
• Francovich, C¿6/90 (state liability)
• Brasserie du pêcheur/Factortame III (state liability)
• Omega C-36/02 (fundamental rights)
• Schmidberger, C¿112/00 (fundamental rights)
• Cassis de Dijon (REWE), C¿120/78 (free movement of goods)
• Keck Mithouard, C¿267/91 (free movement of goods)
• Gebhard, C-55/94 (free movement of services)
• Vlassopoulou, C¿340/89 (free movement of services)

 

 

Other relevant material whose study is only recommended

 

• P. Craig, The Lisbon Treaty: Law, Politics and the Treaty Reform, OUP, 2010.
• Andrea Biondi, Piet Eeckhout, and Stefanie Ripley (eds), EU Law after Lisbon, OUP, 2012.
• EU Commission, Press Release, Rule of Law: Commission launches infringement procedure against Poland for violations of EU law by its Constitutional Tribunal, 22 Dec. 2021.
• Eric Maurice, Protecting checks and balances to save the Rule of Law, European issues, Policy Paper of the Fondation Robert Schuman, No. 590, 21^st April 2021.
• Other material that will be added on moodle in the other material section, based on the most recent developments within EU law worthy of attention.

Teaching method

The course will adopt a theoretical and practical approach to the study of European Union law. Theoretical parts provide students with the necessary conceptual tools to understand EU Law. The more practical analysis consists of reading sources of law (e.g. Treaty provisions) and, most importantly, relevant case law to understand how law practitioners operationalize the studied concepts. 

 

Each learning block usually contains a class session devoted to reading the main case law in the area at issue. The class session is called Case Law Lab (CLL). Students are expected to read the selected judicial decision(s) and engage in constructive discussion during this practical class. Class participation is encouraged and a structural part of the learning experience. Participation is facilitated by the mandatory study of assigned readings before class.

Evaluation method

Continuous assessment

Students¿ participation in the EU Law Pills Project (20 % of the final grade) (up to 4 points). EU Law Pills is an educational project aimed at spreading knowledge about the EU to the general public and narrowing the gap between EU institutions and European citizenship. EU Law Pills consist of a video of around 5 minutes that addresses an EU law-related topic (e.g., the European Parliament) from an original angle and in accessible language to reach a non-specialized audience.

1. Multiple-choice test (50% of the final grade) (up to 10 points), to be held on the last day of class. The test covers the content of the course (except for the content of the last class) and is worth 50% of the final grade.

The test lasts 70 minutes and has 30 multiple-choice questions with three potential answers one of which is correct, and 10 true/false questions. Each question is worth 0.5 points.^[1] There is no penalization for wrong answers.

The material to study for purposes of the continuous assessment includes the prior readings (PR) + class notes. The test is not open book. Only the material covered in class will be assessed during this test.

1. Moot Court: Participation in the Moot Court is worth 30% of the final grade (up to 6 points). On the first day of class, the representatives of NOVA Assembleia will provide you with detailed instructions on preparing for the Moot Court, including how to sign up. Instructions will also be uploaded on Moodle in the special folder ¿Moot Court.¿
2. Class participation: up to 2 points added to the final grade of the continuous assessment. Active and constructive participation is worth additional 2 points on the final grade obtained through 1) 2) and 3). These points are conferred at the discretion of the instructor at the end of the course. Participation in the class discussion of the judicial decisions assigned as a prior reading (PR) is especially valued to confer these points.

 

 

 

1. Final exam (three-hour exam): written essay up to four pages on a topic covered in class. The material to study is included above under ¿Reference list¿.

 

The final exam covers the whole list of material included in the reference list above (section 5.).

The final exam lasts three hours and will contain a question that allows the student to connect the material studied. The essay should be up to two pages and must be written in English. The exam is not open book, and the study material cannot be consulted during the exam. While the candidate must demonstrate critical attitude by presenting her or his opinion on a certain matter, the candidate must also refer to the material included in the reference list to demonstrate that opinions have been developed upon and throughout her/his study of the material.

Subject matter

PART I History of the EU
1.   14.09	Introduction to the course	Introduction to the course Introduction to the moot court by NOVA Assembleia representatives
	History and philosophical origins of the EU
2.   15.09	History of the EU ¿ main treaties
3.   21.09	History of the EU ¿ the enlargement and Lisbon
	Accession and withdrawal
PART II Institutions of the EU
4.   22.09	Overview of the main institutions and government
5.   28.09	The EU Parliament	EU Law Pills
	The Councils	EU Law Pills
6.   29.09	The Commission	EU Law Pills
7.   06.10	The Court of Justice	EU Law Pills (2 groups: also, institutions & gov¿t of the EU)
PART III Sources of Law
8.   12.10	Overview. Treaties and other primary law	EU Law Pills (2 groups: also accession and withdrawal)
	Regulations, directives, and decisions	EU Law Pills
9.   13.10	Amendments to the treaties	EU Law Pills
10.   19.10	Legislative procedure(s)	EU Law Pills
PART IV Interplay with domestic legal systems
	Applicability of EU law within domestic legal systems	PR: Van Gend en Loos   Costa Simmenthal Granital
11.   20.10	Continues. Counterlimits	PR: Tanja Kreil   Frontini ¿ Solange I, II Taricco
12.   26.10	Directives: vertical direct effects	PR: Ratti   Ursula Becker
	Directives: horizontal direct effects and consistent interpretation	PR: Faccini Dori
PART V Judicial remedies and state responsibility
13.   27.10	Main competences of the CJEU ¿ Infringement procedures & annulment
14.   02.11	Continues. Preliminary ruling	PR: CILFIT
	State liability	PR: Franchovic   Brasserie du pêcheur/Factortame III
PART VI Fundamental rights
15.   03.11	Fundamental rights within the EU: An Overview	Stauder Hauer Grogan
16.   09.11	Continues	Omega (PR) Schmidberger
	Fundamental rights within the EU: Treaty Law	The protection of fundamental rights becomes positive law The Treaty of Maastricht, Amsterdam, and Lisbon The Charter (PR)
17.   10.11	Rule of law crisis
PART VII EU Policies
18.   16.11	Free movement of persons	Citizenship, Workers, family
	Free movement of goods	PR: Cassis de Dijon + Keck Mithouard
19.   17.11	Free movement of capital + Free movement of services	PR: Gebhard + Vlassopoulou
20.   23.11	Foreign and security policy
PART VIII Continuous assessment: Components 2 & 3
	Review session
21.   24.11	Multiple-choice exam
22.   30.11	Moot court	Introduction and remarks
	Moot court	Session no. 1 The rule of law conditionality
23. 07.12	Moot court	Session no. 2 The recognition of the bar exam for lawyers
	Moot court	Session no. 3 The free movement of ¿children¿ of same-sex couples
24. 12.12	Moot court	Session no. 4
FINAL EXAM

Programs

Programs where the course is taught: