EU Law

Course content

Possibility of taking the course in EU law in English

Besides practicing the language of international communication, you will benefit from taking this course in different ways. Most importantly, the course will give you a taste of what it is to study abroad, where you need to read, think and communicate in a different language. You will therefore read a greater variety of texts in English. Similarly to the Danish version of the course, academic articles by some leading EU law scholars are read, but instead of the Danish textbook, selected chapters from Paul Craig and Gráinne de Búrca, EU Law: Text, Cases, Material, 7th Ed. (Oxford University Press, 2020) are used. The amount of reading is the same as in the Danish version, so you do not need to worry about work overload.

 

Second, teaching on the course will, as in the Danish version, combine lectures with group discussions, but in addition also one moot court will be used – all tailored to prepare you for the final exam (which as the Danish is going to be a written exam).

Learning outcome

The course builds upon themes studied in previous courses (including themes particularly relevant to EU law from ‘Individets grundlæggende rettigheder’ (the fundamental rights of individuals) and ‘Institutionel forfatningsret og EU-forfatningsret’ (institutional constitutional law and EU constitutional law’), such as the legal system, the sources of law, fundamental rights and the relationship between EU law and national law.

 

The focus of the course is the EU Internal Market and the EU citizenship. This includes in particular:

• The free movement of goods and services, freedom of establishment (including the Services Directive 2006/123), free movement of capital and the free movement of workers; their interpretation and development as well as the similarities and differences between the freedoms.

• A deeper understanding of the EU citizenship, including the relevant provisions of the Treaties (the Treaty on the European Union and the Treaty on the functioning of the European Union, but also certain provisions of the Charter of Fundamental Rights of the European Union, the Citizens Rights Directive (2004/38), and in this respect its relationship with especially the free movement of workers.

• Various tensions and challenges that EU law (and European integration) brings in the context of the themes studied in the previous courses mentioned above.

 

 

The exam is a 4 hours written exam with invigilation taking place at the end of the autumn semester.

 

In order to obtain the grade 12, students must demonstrate the acquisition of the following knowledge, skills and competences:

 

With regard to knowledge, students should have:

• A deeper understanding of the specificity of the legal method in relation to the central themes and issues of the course.

• A deeper understanding of the legal sources, which are particularly relevant to the central themes and issues of the course and their characteristics, including their value as legal sources and interpretation.

• A deeper understanding of the relevant Treaty provisions concerning especially the internal market (including in particular the free movement of goods and services, freedom of establishment , free movement of capital and the free movement of workers;) in this respect their interpretation and development as well as the similarities and differences between the freedoms. This includes also the Services Directive (2006/123).

• A deeper understanding of the EU citizenship, including the relevant provisions of the Treaties (the Treaty on the European Union and the Treaty on the functioning of the European Union, but also certain provisions of the Charter of Fundamental Rights of the European Union, the Citizens Rights Directive (2004/38), and in this respect its relationship with especially the free movement of workers.

 

With regard to skills students should be able to:

• Apply the legal method in relation to the central themes and issues of the course in order to prevent legal problems, argue for possible solutions and make decisions.

• Apply the sources of law, which are especially relevant for the central themes and issues of the course and their characteristics, including their value as legal sources, and interpretation.

• Apply the relevant treaty provisions on the internal market and Union citizenship as interpreted by the ECJ, as well as some provisions of the Charter, The Citizens Rights Directive and the Services Directive.

• Apply elements from themes studied in previous courses, including themes especially relevant to EU law from ‘Individets grundlæggende rettigheder’ (the fundamental rights of individuals) and ‘Institutionel forfatningsret og EU-forfatningsret’ (institutional constitutional law and EU constitutional law), see the above.

• Read, understand and interpret judgments of the CJEU.

• Communicate and formulate their knowledge and argue professionally and clearly in a structured and consistent way

• Decide whether or not a national measure is in conformity with the parts of EU law, which are central to the course.

 

With regard to competences students should be able to:

• On the basis of knowledge and skills, be able to identify and critically assess the issues of EU law central to the course (for example in solving a concrete issue) using the relevant sources of law with a clear and precise argument for how and why they shall apply to the concrete issue, and with explicitly expressed reasoned choice in cases where several solutions are possible.

• On the basis of knowledge and skills, to independently explain, analyze and assess the interpretative style of the CJEU and the importance its judgement on free movement has for the issues presented to the students (for example in the form of concrete cases).

• On the basis of knowledge and skills, to independently plan how to handle issues of EU law and identify solutions within a given timeframe.

• Identify own learning needs and structure own learning.

• Work individually and engage in collective academic contexts.

General:

The curriculum is approximately 500 pages.

 

The themes in the course description (see above) are central.

 

Textbook:

Selected chapters from: Paul Craig and Gráinne de Búrca, EU Law: Text, Cases, Material, 7th Ed. (Oxford University Press, 2020).

 

Judgments:

A selection of judgments from the Court of Justice of the EU (approximately 35) covering the free movement rules, the Services Directive and topical issues, for example, digitalisation, the welfare state, the European Charter of fundamental rights, and the coherence of the principles in internal market law. The list will be published just before the beginning of the semester, so that new, important judgments can be included.

 

On the use of judgments:

According to the long established tradition both in Denmark and abroad, the reading of judgments plays a central role. Therefore, every year a selection of judgments, which form part of the curriculum, is made. Judgments are used in various ways in the teaching, as they are, for example, presented and analysed in depth by the lecturer and by the students in groups and plenary sessions at the seminars. Students should use them to support their legal argumentation while solving a case, in discussions and exam questions.

 

Articles:

The list will be published just before the beginning of the semester in order to include new, important articles and take into account the precise number of pages of the textbook and the judgments. Articles are, among other reasons, included in order to ensure that the course is sufficiently research-based.

 

Other material:

• Treaty on the European Union (TEU)

• Treaty on the functioning of the European Union (TFEU)

• Charter of Fundamental Rights of the European Union

• Services Directive (2006/123)

• Citizens Rights Directive (2004/38)

 

 

 

Not relevant
ECTS
10 ECTS
Type of assessment
Written examination, 4 timer under invigilation
Written with Invigilation, 4 hours
Aid
Only certain aids allowed

Følgende hjemmesider er tilladt at tilgå under eksamen:

Digitaleksamen: www.eksamen.ku.dk
Skat: www.skat.dk
Skatteministeriet: www.skm.dk
Folketinget: www.ft.dk
Retsinformation: www.retsinformation.dk
Karnov: www.karnovgroup.dk
Gyldendals ordbøger: www.ordbog.gyldendal.dk

EU-Domstolen: www.curia.europa.eu
EUR-Lex: www. www.eur-lex.europa.eu

Marking scale
7-point grading scale
Censorship form
No external censorship
  • Category
  • Hours
  • Lectures
  • 16
  • Preparation
  • 219
  • Seminar
  • 40
  • English
  • 275