Admission requirements
Admission to the Masters programme (see the Course and Examination Regulations). This course is only available for the Dutch students, not for the international students enrolled in both programmes.
Description
This course considers aspects of the interaction between international, European Union, and domestic law. In examining these different areas of law, and the interaction between them, an emphasis is placed on legal reasoning. Legal reasoning is a basic legal skill, and there are important differences and similarities in legal reasoning across the different areas of international law, European law, and national law. This course also fulfils a practical need, as we know that students struggle in the beginning of the masters when dealing with often long and complex judgments from a different legal tradition than the one they are used to.
Course objectives
The course will contribute to the research skills of students via the weekly assignments and the final paper which will require them to formulate and develop a research question on a chosen topic. In addition, the materials and topics will be presented in a research-oriented style, i.e. critically approaching and reflecting on different forms and uses of legal reasoning.
The course runs over five weeks with different topics introduced each week related to an interaction between legal systems. In particular, the course also involves the discussion of one seminal case of a different legal order each week. Judgments or advisory opinions are selected from, for example, the International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Union.
Across a number of lectures and through material that will be provided online on a weekly basis, students will be informed about the context and the background surrounding a particular topic as well as exposed to an examination of a relevant judicial case, including the different challenges/tensions/interests/views involved, and therefore the choices and dilemmas facing the judges. Subsequently, in the working groups, students will have the chance to improve their skills on how to develop a research paper related to the interaction between legal systems as well as engage in discussions on the different forms and methods of legal reasoning.
At the end of the course, students will be able to:
illustrate the differences in legal reasoning from the national/international/European law perspective and the interaction between these three;
formulate a legal research question;
write a good legal research plan;
write good legal argumentation;
form an opinion and/or choose a well-motivated position and express a point of view empowered by arguments;
has developed a self-reflective attitude towards his/her learning outcomes.
Timetable
Check MyTimetable.
Mode of instruction
Lectures
Names of instructors: Dr. K.C.N. Gombeer and Dr. Anna Marhold
Required preparation by students: to be announced
Online material will be provided on a weekly basis
Seminars
Names of instructors: Dr. K.C.N. Gombeer and Dr. Anna Marhold
Required preparation by students: readings to be announced via Brightspace. Each week there will be a short assignment that students must prepare before attending the seminars. These short assignments will require the students to develop a research question using a pre-determined format and build upon this question throughout the course.
Working groups will be on-campus.
Working groups: Attendance of the working groups is compulsory. Attendance less than 80% of the working groups (i.e. 4 out of 5) will lead to exclusion from taking the exam.
Lectures: attendance of the the lectures or Q&A is not compulsory. Students are however strongly advised to attend.
Assessment method
Examination form(s)
Practical assignment: completing the weekly assignments (see the required preparation for the seminars) and following the related feedback process is mandatory to participate in the written assignment.
Written assignment: 100% of the final grade.
Students who received a fail mark are entitled to retake the written assignment. Admission to the retake is dependent on the student having submitted a first attempt of the written assignment by the original deadline.
If a student has not passed the course by the end of the academic year, a pass for the practical assignment is no longer valid.
Submission procedures
Paper: via Brightspace
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.
Reading list
The digital sources of the obligatory literature will be posted on Brightspace. Students are expected to collect the literature themselves.
Registration
Registration for courses and exams takes place via MyStudymap. If you do not have access to MyStudymap (guest students), look here (under the Law-tab) for more information on the registration procedure in your situation.
Contact
Co-ordinator: Dr. Anna Marhold & K.C.N. Gombeer
Work address: Kamerlingh Onnes Building, Steenschuur 25, 2311 ES Leiden
Contact information: Room number C1.13 & C1.20
Telephone number: +31 (0)71 527 3350
E-mail: a.a.marhold@law.leidenuniv.nl & k.c.n.gombeer@law.leidenuniv.nl
Institution/division
Institute: Public Law
Department: European Law and Public International Law
Room number secretary: B1.11
Opening hours: daily, 09:00-17:00
Telephone number secretary: +31 (0)71 527 3596 / +31 (0)71 527 7723
E-mail: europeesrecht@law.leidenuniv.nl/volkenrecht@law.leidenuniv.nl