Objectives of the course
This course seeks to explore the content and position of general principles in the EU legal order.
Short description of the course
Already in the 1960s the European Court of Justice introduced the concept of “general principles of Community law”: principles that were not laid down expressly in the EEC Treaty but that were still considered to be essential, as they are inherent in any legal order. One could think of proportionality, protection of legitimate expectations, and respect for fundamental rights. General principles have always remained an intriguing aspect of Community law. In recent years many general principles were codified in the EU Charter of Fundamental Rights. Meanwhile the Constitutional Treaty triggered new questions about general principles. Also the case-law of the ECJ has been particularly rich in recent years.
Achievement levels
At the end of this course, students will have a good understanding of the nature and contents of the general principles of EU law, and their development over time. In addition they will have increased understanding of the way in which the ECJ perceives its own role in the development of the EU legal order.
Coördinator
Name: Dr Herke Kranenborg
Work address: KOG, Steenschuur 25
Contact information: By phone or e-mail
Telephone number: 071 – 527 7734
E-mail: h.r.kranenborg@law.leidenuniv.nl
Departement/division
Departement: Publiekrecht
Division: Europees Recht
Room number secretariat: KOG, B1.19
Opening hours: 9 – 17h
Telephone number secretariat: 071 – 527 7760
E-mail: f.p.oldenhof@law.leidenuniv.nl
Onderwijsvormen
Lectures
Number of (2 hour) lectures: 10
Names of lecturers: Prof. R.A. Lawson, prof. C. Hillion, dr. H.R. Kranenborg
Required preparation by students: The course will extend over five weeks, with two classes per week. The first lectures will be of an introductory nature. Each of the remaining sessions will address individual topics. The classes will be very inter-active: the lecturer will discuss the assigned cases and literature with students and will ask them to comment on cases which are handed out during class.
Seminars
None
Studiemateriaal
Obligatory course materials
Literature: None
Course information guide:
- The reader (below) will contain all practical information, which will also be posted on the Blackboard site.
Reader:
- General Principles of EU law
Recommended course materials
T. Tridimas, The General Principles of EC Law, 2nd ed, Oxford: Oxford University Press, 2006
T.C. Hartley, The Foundations of European Community Law. 5th edition. Oxford University Press, 2003.
Toetsing
Examination form(s)
There will be no written exam for this course. Instead the grades will be based on jointly written papers (40% of final grade) and individual oral exam (60% of final grade). Each student is free to choose his or her co-author, with one exception: you cannot work together with the student with whom you already collaborated when writing a paper for the Human Rights course. The average paper will be 6 to 8 pages (appr. 2400 to 3200 words), but this may depend on the topic. Each student will present his/her paper on an individual basis. On that occasion questions may be raised as to the materials covered by in class. Each student will receive an individualised grade, based on the paper and on the oral discussion.
Submission procedures
For all practical and logistical information, see the reader and the Blackboard site.
Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.
Ingangseis
Clearly all students are supposed to have at least good basic knowledge of EC/EU law, but there are no other specific requirements.
Rooster
The time table can be found at the following website: www.law.leidenuniv.nl
Inschrijving
Via U-Twist.
Digitale leeromgeving
This course uses Blackboard (digital learning environment).