6 ECTS credits
150 h study time
Offer 1 with catalog number 6016810FNR for all students in the 1st semester at a (F) Master - specialised level.
This course consists of two Parts:
- Part I: EU Institutional Framework
- Part II: EU Judicial Protection
PART I: EU INSTITUTIONAL FRAMEWORK (Prof. Devuyst)
This part of the course guides Advanced Master students with a specialization in European and International Law through the legal-institutional principles and decision-making processes of the European Union (EU).
Scheduled at the start of the academic year, the main aim of the course is to bring incoming students from all over the world quickly up to speed on the basics of the European construction, allowing them to become active participants in more specialized courses on EU law (EU economic law; EU competition law; EU external relations law etc.).
The main subjects covered during Part I are:
1. The basic principles of the European Union’s institutional construction (a law-based system – primary, secondary and tertiary EU law; principle of conferral; categories and areas of EU competence; constitutional importance of the legal basis of EU legislation; subsidiarity and proportionality)
2. The EU's decision-making institutions (principles of institutional balance and sincere cooperation; European Council; European Commission; Council of Ministers; European Parliament; the interaction between these institutions and the ordinary legislative procedure)
3. The historical development and procedures underpinning the EU’s primary (Treaty) law: from the Treaty of Paris to the Treaty of Lisbon; enlargement from the 6 to 28 Member States; withdrawal from the EU (Brexit)
PART II: JUDICIAL PROTECTION (Prof. Arts)
This part of the course comprises four sections:
The first section will explore the structure of the judicial machinery in the European Union (Union courts, the primary role played national courts). It will also dress an overall picture of the collaboration between the national courts and the EU Court of Justice, by defining the basic features of the reference for a preliminary ruling (article 267 TFEU) and by reviewing the influence of Union law on national procedural rules.
The second section will review how Union law is enforced against Member States. It will deal with the action for infringement of Union law (article 258 TFEU) and discuss the reference for a preliminary ruling on the interpretation of Union law in view of the fact that the national courts use that procedure to test the comptability of national legal provisions with Union law.
The third section will deal with the juducial protection against unlawful action by the European Union institutions. It will discuss the action for annulment (article 263 TFEU), the action for failure to act (article 265 TFEU) and the claim for damages (articles 268 and 340 TFEU), and will discuss the reference for a preliminary ruling on the validity of acts of the EU institutions where the applicant can not bring a direct action (article 267 TFEU).
The final section will briefly deal with some special procedures (proceedings for intern measures (article 278 TFEU) and appeal (article 256 TFEU) and explore the specific procedural requirements of lodging and pleading an action before the General Court and the EU Court of Justice.
PART I
Throughout Part I of the course, we will make an active use of the EU's primary law (i.e. EU Treaties), secondary law (i.e. EU regulations, directives and decisions) and case-law (judgments by the Court of Justice). Students will be guided through such texts and will gain the ability to read and interpret them independently.
Students should always bring to class the consolidated versions of the Treaty on European Union and of the Treaty on the Functioning of the European Union as well as the other course materials distributed by the PILC secretariat.
Students take note during the lectures. Students are encouraged to raise points for discussion or for further explanation.
It is expected that students compose their own study material, based on an integration of the lectures and class discussions and the relevant Treaty articles and case-law.
PART II
Study materials are distributed at the beginning of the course.
Materials + readers edited by Prof. Arts + Book : ‘Procedural Law of the European Union’ by Lenaerts, Arts and Bray (ed.)
PART I (EU INSTITUTIONAL FRAMEWORK) (Prof. Devuyst)
Part I of the course aims to provide incoming law students (arriving from all over the world) with a solid understanding of the European Union in general and its decision-making system in particular.
- Students gain insight in the institutional law and decision-making processes of the European Union and acquire the knowledge to understand and interpret past evolutions and current events shaping the European construction and the creation of new EU law.
- Students acquire the technical competence to read and understand the EU's primary and secondary law and the case-law of the Court of Justice.
- The course is taught in the English language. Students acquire the knowledge and skills to understand and use the specialized vocabulary on EU law in the English language.
PART II (JUDICIAL PROTECTION) (Prof. Arts)
In Part II of the course, the students will learn about
The students will learn about
- the institutional setup of judicial protection in the EU, also in connection with the nation state level
- the procedural rules of the EU (in particular the preliminary rulings) and their influence on Member states
- the means to enforce EU law against Member states (e.g. actions for infringement)
- the judicial protections against unlawful actions by Union institutions
- the procedural requirements of lodging and pleading an action before the European Union Courts.
- the special procedures and appeal.
The final grade is composed based on the following categories:
Written Exam determines 67% of the final mark.
Other Exam determines 33% of the final mark.
Within the Written Exam category, the following assignments need to be completed:
Within the Other Exam category, the following assignments need to be completed:
PART I:
The assessment of Part I puts the focus on factual knowledge on EU history, EU competence division, EU institutional law and decision-making and EU legal instruments. All questions are discussed in class and the possible questions are provided to the students during the first class. The exam is written. Examples of exam questions:
- What are the key elements underpinning the “autonomy of the EU legal order” according to the Court of Justice? (refer in particular to the key elements in Opinion 1/17, para. 109-111)
- Define and compare the concepts of exclusive, shared and supporting EU competences. Provide examples from each area of competence.
- Define exclusive EU competences. List the policy areas under the EU’s exclusive competences (without going into the details).
- Define shared EU competences. List 5 policy areas under the EU’s shared competences.
- Define supporting, coordinating and supplementary EU competences. List 5 policy areas under the EU’s supporting competences.
- Define the principle of conferral. Why is it fundamental for the EU’s legal system?
- Define the principle of subsidiarity. How is respect for the subsidiarity principle assessed in practice? What are the clarifications of the European Court of Justice with respect to this principle?
- Define the principle of proportionality. What are the clarifications of the European Court of Justice with respect to this principle?
- What are the different types of binding legal acts that the EU can adopt as secondary legislation? What are the essential differences between them?
- Define a “directive”. How is it put in practice? How is it different from a “regulation”?
- Define delegated and implementing acts. How are they different?
- There is a hierarchy of norms in the EU. What is this? How is this work?
- What are the reasons provided by the Court of Justice to state that the indication of the legal basis in EU secondary legislation is of "constitutional significance"?
- What are the criteria that must be used by the legislator to determine the legal basis of EU secondary law according to the Court's settled case law?
- What are the key principles governing relations between the EU institutions?
- How is the College of Commissioners composed? What is the process of nominating and appointing a new College of Commissioners?
- What is the composition of the European Council/Council/European Parliament?
- What are the key legal-political functions of the European Council/ European Commission/Council/European Parliament?
- How do European Council/ European Commission/Council/European Parliament take their decisions?
- What are the two key “safeguards” coupled to the Commission’s power of legislative initiative?
- What are the requirements to reach a qualified majority in the Council?
- What is Coreper?
- What are the steps in the ordinary legislative procedure?
- What is the role of the Conciliation Committee in the “ordinary legislative procedure”?
- What is the role of the “trilogue” in the ordinary legislative procedure?
- What is the role of the national parliaments in assessing the principle of subsidiarity?
- What are the key steps in the ordinary Treaty revision procedure?
- Under which conditions can the EU make use of simplified Treaty revision procedures? What are the key steps in the simplified Treaty revision procedures?
- What are the key steps in the EU accession process?
- What are the key steps during the withdrawal procedure of Art. 50 TEU?
- What was the original institutional set-up of the European Coal and Steel Community?
- What are the key features of the Merger Treaty?
- What are the key features of the Single European Act?
- What are the key features of the Treaty of Maastricht?
- What are the key features of the Treaty of Lisbon?
- What are the key features of the “Community method”?
- What have been the main evolutions within the Community method between the 1950s and today?
PART II:
Written examination, (without oral retake).
This offer is part of the following study plans:
Master of International and European Law: Standaard traject