European Union Law-ES 300

3 credits, Spring 2013

(subject to change)

 

Instructor:  Kanykei Kasybekova

 

Class Schedule:  Tuesday, Thursday at 9.25

Office Hours: by appointment

Contact Information: kasybekova_k@auca.kg

 

Course Vision:

 

European Union Law and Human Right is an advanced level required course. The course will be divided into three main sections. In the first section, students will be exposed to composition, function, and powers of the European Union’s legislative and executive branches. In the second section of the course, we will study free movement of goods as one of the fundamental freedoms and key elements of the European Integration. The third section of the course will specifically cover Council of Europe and European Human Rights Law, exploring the legal process and substantive law pursuant to the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe. The course introduces students to legal system and institutions of the European Union, its interaction with Member States’ law and policy. During this course we will specifically address basic principles and rules of the European Community with the focus on decision-making, supremacy, and human rights.

 

Learning Outcomes:

By the end of the course students should be able to:

1. Identify, describe and compare European Union institutions
2. Formulate, differentiate and explain basic principles of European Union Law
3. Describe the various legislative processes in the European Union
4. Identify and compare different sources of European Union law
5. Analyze and interpret provisions of European Union law
6. Read and extract the most important rules from case law of European Court of Justice and European Court of Human Rights
7. Solve hypothetical situations and develop arguments using European Union principles and rules
8. Explain the differences between European Union, national and international legal orders
9. Discuss the problems with Directives in the European Union
10. Discuss some human rights cases in the European Court of Human Rights
11. Explain the importance of “preliminary reference procedure”
12. Analyze and discuss the challenges of building an internal market/free trade
13. Identify, interpret and apply rules on free movement of goods, on human rights protection to hypothetical situations

Teaching methods, Course Policy and Requirements

There will be two class sessions per week.  There will not be division between lectures and seminars. Each class will be conducted in the form of interactive lectures and discussions. Students are required to come to classes prepared, which means having carefully read all the assigned material. Students are expected to have thoroughly read and briefed the cases to discuss and present them in the class. In the beginning of the course, students will be instructed on how to brief cases and extract important elements.

Plagiarism and other forms of academic misconduct such as cheating and copying from other students’ work are strictly prohibited. If a student fails to observe these requirements he or she will be given grade “F” for the assignment.  

Course Material

 

Treaty on European Union and Treaty on the Functioning of the European Union (Consolidated version); European Convention on Human Rights

Frank Emmert, European Union Law-Cases, 1^st ed. 2000;

Mark Janis et al, European Human Rights Law: text and materials, 3^rd ed. 2008

Damian Chalmers et al, European Union Law, 2^nd ed. 2010.

Throughout the course I will be providing handouts with relevant cases, reading materials and regulations of the European Union;

http://europa.eu/index_en.htm – official website of the European Union, where you will be able to find all the necessary documents.

 

Grading and Examination

 

1) Grading will be based on following components:

 

20% - Attendance and Participation

20% - Quiz 1

25% - Quiz 2

35% - Final Exam

 

2) Grading scale:

 

A         94-100%        

А-        90-93%

В+       86-89%

B         80-85%

В-        77-79%

С+       74-76%

C         68-73%

С-        64-67%

D+       60-63%   

D         54-59%

D-        50-53%

F          below 50%