EU Litigation practice - NOTE: the course is cancelled in the autumn semester 2016

Course content

“EU Litigation Practice - extended version” is a BA course which is designed to enhance the students’ knowledge of the application of EU law by the Court of Justice of the European Union (CJEU) and the Danish courts in practice. It has previously been offered as a 7.5 ECTS course in Danish – and will continuously be offered in Danish by now as a 10 ECTS course. However, the intention is with the present course to offer a course in English, but as this is considered as a new course, it will have to be a 15 ECTS course. It has been informed that the curriculum shall accordingly encompass 750 pages. The course focuses on the process and the handling of EU Law cases. It is thus the more practical side of EU law, which constitutes its core area. However, also more theoretical aspects will also be included (in particular European legal method and theory). The course’s more practical and problem-oriented approach also implies that the students in connection with cases, etc., will be confronted with different substantive EU law issues, for example the rules on free movement, competition law, state aid law, etc. The course thus will primarily deal with the process before the CJEU, including e.g. references for preliminary rulings. However, an understanding of how best to apply EU law in practice requires a broader understanding of the CJEU and how it is related to the other fundamental institutions of the EU. In addition, the course will include a national perspective, in particular the requirements of EU law to national procedural law, as well as the possibility of Member States to influence the law through government interventions before the CJEU. The intention is to have a high degree of student involvement including e.g. presentations of judgements and/or discussion of constructed cases.

Learning outcome

Students must obtain the following knowledge:
• Deeper understanding of the legal method's characteristics in relation to the course's core legal subjects and issues.
• Deeper understanding of the sources of law that are particularly relevant to the course's central legal subjects and issues, and what characterises them, including the value of the legal source in question and its interpretation.
• Deeper understanding of the relevant provisions of the Treaties, in particular those of relevance to the process at the CJEU, its importance in relation to the other institutions, as well as those substantive provisions that have been treated in the course.
• Deeper understanding of EU legal theory and method. The students must acquire the following skills:
• Use of the legal method in relation to the course's central legal subjects and issues.
• Use of the sources of law that are particularly relevant to the course's central legal subjects and problems, and what characterizes them, including the value of the legal source in question and its interpretation.
• Application of the relevant provisions of the Treaties in particular those of relevance to the process at the CJEU, its importance in relation to the other institutions, as well as those substantive provisions that have been treated in the course.
• Use of elements of topics addressed in previous courses, including in particular those of elements from the course “Individets grundlææggende rettigheder” (i.e. “The individual's fundamental rights”); “Institutionel forfatningsret og EU-forfatningsret (i.e. “Institutional constitutional law and EU constitutional law”), and “EU-ret” (i.e. “EU law”).
• Expression of their knowledge and argumentation in a linguistically correct, structured and coherent way. The students must acquire the following competences:
• Based on the knowledge and skills, identification and critical examination of those issues of relevance to the course (e.g. solving a constructed case) on the basis of the relevant sources of law with a clear and concise argumentation for how and why these must be used in the given problem, and an explicitly formulated reasoned choice in cases where multiple solutions exist.
• Based on the knowledge and skills, explaining, analysing and assessing the CJEU's style of interpretation and the importance of its judgments to those issues which the students are presented for.
• Based on the knowledge and skills, planning of handling of EU law issues and identification of solutions within a given time frame.
• Identification of own learning needs and organisation/structuring of own learning.
• Work individually as well as engaging in collective contexts.

The syllabus encompasses approximately 750 pages. A large part of the literature to be read consists of Paul Craig & Gráinne de Búrca, EU Law: Text, Cases and Materials, 5. udgave, OUP, 2011. All literature will be in English. A fairly large part will include judgements and articles.

ECTS
15 ECTS
Type of assessment
Oral examination, 20 min
Oral exam without preparation, 20 minutes
Marking scale
7-point grading scale
Censorship form
External censorship
Criteria for exam assessment

These criteria are based on the above mentioned goal description.

  • Category
  • Hours
  • Seminar
  • 69
  • Preparation
  • 343,5
  • English
  • 412,5