Dr Ireneusz C. Kamiński

Email: kaminski@if.uj.edu.pl

Elective, 45 teaching hours, 3 ECTS points

Spring semester, TBA

Lecture room, Rynek Główny 34

Course objectives:

The institutions and legal framework of the European Union have altered not only the political, social and economic landscape the EU’s member states but also global international relations. This course is aimed at non-specialist graduate students at the Centre for European Studies. The main goals of this course are to:

1. Introduce EU institutions and their inter-relationships

2. Demonstrate the special character of European law in comparison with international law and domestic law

3. Encourage students to explore the effects that EU institutions and law have had on other areas of international relations

4. Develop the students’ own critical thinking on topics of Political Science, International Relations and Law

Assessment:

Attendance and active class participation – 10% of the final mark

Oral presentation – 20% of the final mark

Term paper (18,000 characters) – 30% of the final mark

Written examination – 40%of the final mark

Course Contents:

Lecture 1: History of European integration. An overview
 

• Beginnings
• European Community of Coal and Steel
• Luxembourg Accord
• Single European Act
• Maastricht Treaty
• Amsterdam Treaty
• Nice Treaty
• After-Nice agenda

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 1.

J. Weiler, "The transformation of Europe" (1991), Yale Law Journal, no 100, p. 2403.

J. Wouters, "Institutional and constitutional challenges for the European Union: some reflections in the light of the Treaty of Nice" (2001), European Law Review, no 26, p. 342.

Lecture 2: EU Institutions
 

• Commission
• Council
• European Council

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 2.

D. Curtis, "The constitutional structure of the Union: a Europe of bits and pieces" (1993), Common Market Law Review, no 30, p. 17.

G. de Búrca, "The institutional development of the EU: a constitutional analysis", p. 55-81, in: Paul Craig, Gráinne de Búrca (eds.), The Evolution of EU Law, Oxford: Oxford University Press 1999.

Lecture 3: EU Institutions
 

• European Parliament
• European Court of Justice
• Court of Auditors
• Other important Community institutions

Readings:

A. Arnull, The European Union and its Court of Justice, Oxford: Oxford University Press 1999, ch. 1.

E. Vos, "The rise of committees" (1997), European Law Journal, no 3, p. 212.

Lecture 4: The Scope of Community Powers
 

• Forms of Community lawmaking: regulations, directives, decisions, recommendations, opinions
• Internal and external Community competence
• Principle of subsidiarity

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 3.

Lecture 5: Community Legislation
 

• Six law making procedures under the Community (First) Pillar
• Law making procedures under Pillar 2 and 3

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 4.

Lecture 6: Nature and Effect of Community Law
 

• Direct effect of Treaty provisions
• Legal effect of regulations and decisions
• Legal effect of directives

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 5.

B. de Witte, "Direct effect, supremacy and the nature of the legal order", p. 177-214, in: Paul Craig, Gráinne de Búrca (eds.), The Evolution of EU Law, Oxford: Oxford University Press 1999.

Lecture 7: Application of EC Law: Remedies in National Courts
 

• Principle of national procedural autonomy
• Requirements imposed by Community law
• State liability for breach of Community law

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 6.

W. van Gerven, "Bridging the gap between Community and national laws: towards a principle of homogeneity in the field of legal remedies" (1995), Common Market Law Review, no 32, p. 679.

Lecture 8: Supremacy of EC law
 

• The perspective of the European Court of Justice
• The perspective of some Member States

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 7.

M. Kumm, "Who is the final arbiter of constitutionality in Europe" (1999), Common Market Law Review, no 36, p. 251.

Lecture 9: General Principles of EC Law
 

• Fundamental Rights

– Background and history
– Standard of protection for EU fundamental rights
– EU and the European Convention of Human Rights
– The Charter of Fundamental Rights
 

• Proportionality
• Legal certainty and legitimate expectations
• Non-discrimination
• Transparency

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 8 and 9.

J. Weiler, "Does the EU truly need a charter of rights?" (2000), "European Law Journal", no 6, p. 95.

Lecture 10: Enforcement Actions against Member States
 

• Outline of the infringement procedure
• Role of the Commission
• Types of breach by Member States
• Enforcement action after the breach is remedied
• Defences available to Member States in enforcement procedure

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 10.

L. Borzsak, "Punishing Memebr States or influencing their behaviour or iudex (non) calculat?" (2001), "Journal of European Law", no 13, p. 235.

Lecture 11: Preliminary Ruling and the emergence of a European Judicial System
 

• Introduction
• Types of preliminary ruling procedure
• Existence of a preliminary question
• Evolution of the ECJ's approach
• Reform of the procedure

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 11.

H. Rasmussen, "Remedying the crumbling EC judicial system" (2000), Common Market Law Review, no 37, p. 1071.

Lecture 12: Legality of Community Acts
 

• Introduction and background
• Action under art. 230
• Failure to act (action under art. 232)
• Plea of illegality (action under art. 231)

Readings:

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials, ch. 12.

Basic reading (recent editions):

Paul Craig, Gráinne de Búrca, EU Law. Text, cases, and materials

Stephen Weatherill, Cases and Materials on EC Law

Stephen Weatherill, Paul Beaumont, EU Law: The Essential Guide to the Legal Working of the European Union

Josephine Steiner, Lorna Woods, Textbook on EC Law

Each student is advised to have copies of the consolidated (Nice) versions of the Treaty of Rome (Treaty Establishing the European Community) and the Treaty on European Union – available on http://europa.eu.int