EU Litigation in Practice

Course content

“EU Litigation Practice” is a BA course which is designed to enhance the students’ knowledge and understanding of the application of EU law by the Court of Justice of the European Union (CJEU) as well as to some degree the Danish courts.
It focuses on the process and handling of EU Law cases. It is thus to a certain degree the more practical side of EU law, which constitutes its core area. However, also more theoretical aspects are included, i.e. in particular European legal method and theory. The course’s at times more practical and problem-oriented approach implies that the students in connection with cases, etc., will be confronted with different substantive EU law issues, which for example could be the rules on free movement, competition law, state aid law, etc.
The course thus deals 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 includes to some degree 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.

Learning outcome

Students must obtain the following:

  • 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 grundlæggende 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 course requests active participation of the students. Activities such as working with
cases, presentations of judments, analysis of certain research-based publications are
planned.

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, OUP, 2015, but a fairly large part will also include judgements and articles.

All literature will be in English.

It will be an advantage to have taken the BA-course ”EU-ret”, but also ”Individets
grundlæggende rettigheder” and ”Institutionel forfatningsret og EU-forfatningsret” - or
something equivalent.

Oral
Individual
Continuous feedback during the course of the semester
Feedback by final exam (In addition to the grade)

As the course builds on a high degree of student activity continuous feedback is easily facilitated.

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