Admission requirements
This course is a compulsory course of the International Business Law bachelor track
Description
Businesses have to operate within a legal reality. A legal reality that in turn is determined, applied and shaped by an institutional framework. This course covers the essentials of EU institutional and constitutional law from a pragmatic point of view. How does the institutional framework affect companies and markets in the European Union, and how can this framework best be used to serve entrepreneurship and maximize opportunity? Through supremacy, EU law can be a highly effective tool to remove national barriers and open up markets. Understanding the role and functioning of EU institutions such as the European Commission and the European Parliament, as well as the cooperation between the national and European courts is also vital in that regard. Similarly, European legislation directly operates in 27 Member State markets, making it vital to understand, monitor and where possible influence it. This requires a proper understanding of the institutional balance and legislative process, including the central role of committees, lobbying, and the different institutions therein. Furthermore, it is essential to know how to enforce one’s rights in the institutional framework., It is one thing to have a right, it is still another matter to enforce it, and actually derive the optimal benefit it may hold. Consequently, understanding how the EU works, has become essential for international commercial activity.This course explores these foundations of EU law.
Course objectives
to teach students the essentials of the institutional framework of the EU;
to illustrate the interaction between the national authorities and their European counterparts, explicitly including the legislative and decision-making process at the EU level;
to teach students how to read and interpret the European Treaties and the relevant secondary legislation;
to teach how to analyse the case law of the Luxembourg courts; and
to teach students how to challenge EU legislation –or national regulation with EU law-, and to enforce their rights under EU law, enabling them to bypass potential national obstacles.
Achievement levels
The following achievement levels apply with regard to the course. At the end of this course the students should:
have a proper knowledge of the institutional set-up of the EU, the relations between the institutions, and the interplay with the Member States;
properly understand the impact the principles of supremacy and direct effect have on the Internal Market;
have an insight in the process of EU legislation and policy-making: the making of EU legislation, the role of the various institutions, the importance of lobbying at EU level, comitology and the legislative process, techniques of harmonization;
know the differing effects of regulations, directives, decisions and soft law instruments;
know how to enforce their rights at European level: the when, where what and how of legal proceedings in the EU to effectuate rights and circumvent national barriers; and
know how to receive protection of their rights at national level: the duty of national administrations and courts to uphold EU law, national remedies, principles of state liability and national procedural autonomy, etc.
Timetable
The timetable of this course can be found in uSis.
Mode of instruction
Lectures
Number of (2 hour) lectures: 5
Names of lecturers: Tbc
Required preparation by students: Students should do the reading assigned prior to the lecture
Seminars
Number of (2 hour) seminars: 5
Names of instructors: Tbc
Required preparation by students: Students should do the reading assigned prior to the seminar; students are required to prepare the case studies for class.
A student may miss up to one seminar/a student may be absent in up to one seminar
Assessment method
Examination form(s)
3 hour written exam (80%)
1 paper (20%)
As part of the final examination students are required to submit a case note. The grade for this case note will count 20% towards the final grade.
Students who fail the exam are entitled to sit a re-examination. Depending on the number of students failing the exam, the re-sit may take the form of an oral exam.
The written assignment can not be retaken.
The 20% written assignment will remain valid for the re-sit. If a student has not passed the course by the end of the academic year, partial grades for the written exam or paper are no longer valid.
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.
Attendance requirements
Seminar attendance is compulsory. Students may miss up to one class.
Students can only attend a seminar if they submit in advance their written answers to the exercises through Blackboard.
Blackboard
More information on this course is offered in Blackboard.
Reading list
Obligatory course materials
Literature:
- C. Barnard and S. Peers (eds), European Union Law, Oxford University Press, 2014
Course information guide:
Will be made available on blackboard
Reader:
Will be made available on blackboard
Recommended course materials
Forster, Blackstone’s Collection of EU law (Oxford, Oxford University Press, latest edition)
Other recommended reading will be made available on blackboard
Registration
Students have to register for courses and exams through uSis.
Contact information
Co-ordinator: mw. dr. D. Piqani
Work address: KOG, room
Contact information:
Telephone number: 071 527
Email: t.b.a.
Institution/division
Institute: Public Law
Department: European Law
Room number secretary: KOG B.1.21
Opening hours: Mon-Fri 9-17h
Telephone number secretary: 071 – 527 8837
Email: w.h.rodger@law.leidenuniv.nl
Contractonderwijs
Belangstellenden die deze cursus in het kader van contractonderwijs willen volgen (met tentamen), kunnen meer informatie vinden over kosten, inschrijving, voorwaarden, etc. op de website van Juridisch PAO.