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KU Leuven University

European Union Law

KU Leuven University via edX

Overview

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This course explores both the internal and external dimensions of EU law. The course is structured in three parts, with 3 modules each.

By the end of Part 1 (EU Institutional Law), learners will have a good understanding of the historical legal milestones in the establishment of the EU, the main objectives, principles and values of the EU legal order, the rules governing EU membership, the institutional set-up of the EU, the main competences of the EU and how these are exercised.

By the end of Part 2 (EU Substantive Law), learners will have a good grasp of the process of establishing the EU internal market and the rules governing the four freedoms (goods, persons, capital, and establishment), the main principles of EU competition law and an ample overview of the leading and most mediatic cases in this field. With respect to the EMU, learners will be introduced to the main features of the economic and monetary pillar and will be encouraged to think critically about the use of monetary and economic instruments by the EU in response to crises.

By the end of Part 3 (EU External Relations Law), learners will have a good understanding of EU external competences, the principles governing their exercise, the special rules applicable to the EU’s Common Foreign and Security Policy, the main institutional actors involved in conducting EU external relations, the procedure for the conclusion of international agreements and the adoption of sanctions by the EU, and the Court of Justice’s leading cases on EU external relations law.

Syllabus

Part 1 | EU Institutional Law

Module 1: Nature and Evolution of the EU Legal Order

  • Discuss and critically reflect on EU values and the principles of EU integration
  • Explain and reflect on the gradual process of EU integration and distinguish EU integration from other forms of regional integration
  • Explain the legal milestones in the historical development of the EU and the concept of ‘integration through law’
  • Discuss how the EU Treaties reflect the features and nuances of EU integration
  • Explain the ‘community method’ and its importance for EU integration

Module 2: Nature and Evolution of the EU Legal Order

  • Explain and critically reflect on the fundamental role of the Member States in the process of European integration
  • Explain the concept of EU citizenship and the political/administrative rights that derive from it
  • Explain the main powers, composition, and internal functioning of the five main EU institutions: the Parliament, the European Council, the Council, the Commission, and the Court of Justice of the European Union (CJEU)
  • Identify the main legal actions and remedies available at the CJEU and read a CJEU case.

Module 3: EU Competences, Legal Acts and Decision-Making

  • Distinguish between different sources of EU law
  • Explain the importance of the principle of conferral in the exercise of EU powers and in the relationship between the EU and its member states
  • Identify the legal basis of different EU acts and explain the different types of EU competence
  • Explain and discuss the importance of the principles of subsidiarity and proportionality in the exercise of EU shared competence and the role of national parliaments in safeguarding their respect
  • Describe the main steps of the ordinary and the special legislative procedures for the adoption of EU acts
  • Explain and critically reflect on the relevance of the principles of primacy and direct effect in EU integration

Part 2: EU Substantive Law

Module 4: EU Internal Market Law

  • Define the notion of the internal market and explain its central role in the EU legal order
  • Explain the interplay between negative and positive integration in the ongoing process of creating the internal market
  • Distinguish between the four freedoms (goods, persons, services, capital) and select the relevant provisions of primary law
  • Identify the rights that derive from the fundamental freedoms and determine whether a national rule is compatible with primary law
  • Explain and distinguish the mechanisms of positive integration (e.g., harmonisation)

Module 5: EU Competition Law

  • Explain the main goals of EU competition law and policy
  • Define the notion of ‘undertaking’ and apply it in practice
  • Identify the five main pillars of competition law
  • Understand the prohibitions against restrictive agreements and abuse of dominance and apply them to concrete cases
  • Distinguish between public and private enforcement and its tools

Module 6: The Economic and Monetary Union

  • Explain the reasons for the establishment of a common currency
  • Identify the key features of the European Economic and Monetary Union (EMU)
  • Explain the EU's main competences in economic policy and the main institutions involved in its implementation
  • Explain the EU's main competences in monetary policy and the role of the European Central Bank (ECB) in this policy field
  • Critically reflect on the weaknesses of the EMU economic pillar
  • Critically reflect on the EU's use of economic and monetary policy instruments in responding to recent and upcoming challenges, notably the sovereign debt crisis, the Covid-19 pandemic, and digitalisation

Part 3: EU External Relations Law

Module 7: Foundations of EU External Relations

  • Explain and reflect on the evolution of EU external relations law
  • Discuss and critically reflect on the objectives, values, and principles of EU external relations
  • Explain what international legal personality is, and why it matters for the EU
  • Distinguish between express and implied EU competences in the field of external relations
  • Explain the doctrine of parallelism and the relevance of implied EU external competences

Module 8: Actors of EU External Relations

  • Explain and distinguish between the roles of the European Council, the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, and the different EU delegations in EU external relations
  • Explain the unique status of the EU as a diplomatic actor and identify the problems of diplomatic law that arise as a consequence of this unique status
  • Explain the relationship between the EU and the United Nations and give examples of other international organisations with which the EU cooperates

Module 9: Instruments of EU External Relations

  • Explain the different instruments available to the EU to conduct its external relations and distinguish these from other instruments used at the internal level of the EU
  • Explain the process of conclusion of international agreements and the concept of mixed international agreements
  • Explain the concept of restrictive measures and give concrete examples of their use by the EU in recent international conflicts
  • Explain and critically reflect on the distinction between EU law and international law

Taught by

Elise Muir, Bert Keirsbilck, Jan Wouters and Teresa Cabrita

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