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   Course Title    Law of the EC/EU
Lecturer    Gaga Gabrichidze
Institution    Tbilisi State University
Country    Georgia


AIM OF THE COURSE

 

The objective of the course is to introduce the constitutional and institutional structure of the European Community, as well as substantive EC law (Law of the Internal Market and EC Competition Law). The aim of the course is to give students an understanding of the institutions of the European Community and the problems associated with the enforcement of the Community’s legal order. By definition, a further aim of the course is to show that European Law is in a continual process of development and that the Community’s legal order responds to the political and economic environment in which the Community operates.

 

The course will provide students with the opportunity to:

·        examine the theoretical frameworks underpinning current European legal issues

·        explore in depth special areas of European public and private law

·        understand the application of European law in its economic, social and political context so as to appreciate the practical effect of European case law and legislation on public and private sector activity

·        understand and solve legal problems within the European dimension

·        engage in research in the field of European law using high-level research skills

 

OBJECTIVES OF THE COURSE

 

By the end of the course, students will be able to demonstrate:

·        knowledge of the institutions of the EC

·        an understanding of the legal processes relevant to European law which operate both at European and at national level

·        an understanding of how European law has been, is being and will be created

·        an ability to define contemporary and future problems in relation to the implementation and enforcement of the Community’s legal order

·        the ability to assess critically the role of the ECJ in the development of European law

·        the ability to locate and to use primary legal sources and databases relating to European law

·        familiarity with the principal bibliographical sources for European law and the ability to construct subject oriented bibliography

·        the ability to write sustained legal arguments in the form of essays on issues arising within the course

·        an understanding of the theoretical approaches to the concept of European integration and the ability to explain these approaches

 

ASSESSMENT

 

The students will have an oral examination.

 

METHODS USED

 

The core and optional modules will be taught through a variety of teaching methods. The principal teaching method is lecturing and case study analysis. The latter is a more interactive method of teaching than the lecture. There is far more emphasis on student preparation than for lectures, as the class proceeds on a question and discussion basis between students and teacher.

 

Assessment will consist of a range of continuous assessment activities including research essays, reports and seminar papers.

 

COURSE CONTENT

 

Week 1. History of the European Community/European Union; motives for Integration; European Steel and Steel Community: Treaty of Paris; the EEC and Euratom: Treaties of Rome; the growth of the Community; the Single European Act; the treaty of Maastricht; the treaty of Amsterdam;  the treaty of Nice.

 

Week 2. the European Community: objectives, tasks and activities; the Common Market; the Internal Market

 

Week 3. Institutional framework of the EC; Commission; Parliament; Council; Competencies and Voting; Roles in the decision-making process

 

Week 4. EC legislative acts: Regulations, directives, decisions, recommendations and opinions; types of legislative procedures

 

Week 5. Court of Justice: Composition and structure, methods of interpretation; actions against member states (Articles 88, 226, 227 and 243 EEC); enforcement of actions against member states; judicial review of legislative acts (Articles 230, 232 and 241 EEC)

 

Week 6. Court of Justice: preliminary rulings (Article 234 EEC); non-contractual liability of the Community (Articles 235 and 288 EEC); opinions under Article 300

 

Week 7. Supremacy of European Community law; direct effect of European Community law; damages against the state for non-compliance with Community law

 

Week 8. The abolition of customs duties; prohibition on discriminatory internal taxation

 

Week 9. Prohibition on quantitative restrictions

 

Week 10. Evolution of the Court's case law on the free movement of goods: from Dassonville to Keck

 

Week 11. Evolution of the Court's case law on the free movement of persons: from Van Binsbergen to Sager. Brief outline of the case law on free movement of workers and freedom of establishment; free movement of services

 

Week 12. Free movement of capital and economic and monetary union

 

Week 13. EC competition law

 

Week 14. Protection of fundamental rights in the EC; EC social policy: development of EC social policy; sex equality and non discrimination - Articles 141 and 13 of the EC Treaty and the equality directives in respect of sex discrimination in pay and treatment

 

Week 15. Intellectual property

 

Week 16. Protection of the Environment: Environmental rights in the EU and ECHR including the right to a clean environment, participation rights and access to environmental information

 

Week 17. External relations law of the EC/EU; general principles of EC external competence; the Common Commercial Policy; EC frameworks of international co-operation; the Common Foreign and Security Policy

 

Week 18. Enlargement

 

READING

 

Frank Emmert, Europarecht, 1996

Christian Koenig, Andreas Haratsch, Europarecht, 2000

Christian Koenig, Andreas Harasch, Die Europaeische Union, 1999

Stephen Weatherill, Paul Beaumont, EU Law, 1999

T. C. Hartley, The Foundations of European Community Law, Fourth edition, 1998

Jo Shaw, Law of the European Union, third edition, 2000

Wyatt and Dashwood, European Union Law, 4th ed. 2000

 


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