Instructor:

Dr. CHENG Weidong

Department of European Studies, Graduate School of Chinese Academy of Social Sciences

Phone: +8610-8519 5747

chengwd@cass.org.cn

http://ies.cass.cn

Course:

European Union Law—Institutional and Constitutional Law of the EU

Date:

Tuesday, 1.00 p.m. – 5.00 p.m.      

(March to June ,2006)

Tuesday, 1.00 p.m. – 5.00 p.m.
        (September to December )

Prerequisites:

International law

Level:

MA and Ph.D.

Credits:

3

Course Syllabus:

The course shall teach students to get to know generally EU legal system—a unique, increasing important and highly interesting legal system—as well as provide them a legal sense to understand European integration and EU system at work and a knowledge basis to study EU substantive law further. The maim aim of the course is to satisfy students’ intellectual curiosity as well as to help them to be prepared to work as a professional with some knowledge of EU legal system.

Course Content:

The course is designed as a general introduction to the legal system of the European Union. It focuses on EU constitutional and institutional framework and hardly touches on its substantive law. It describes and explains (1) the evolving of EU constitutional framework; (2) the operation of EU legal system; and (3) special characteristics of EU legal system. Attention will be given to equipping students with the basic knowledge and tools necessary to understand the great significance of EU legal system to European integration and how it woks and becoming familiar with European Union legal sources.

1.    Introduction to EU Legal System (week 1)

1.1Evolving from Community to Union

1.2  Nature, characteristics of EU/EC

1.3  Sources of EU law

1.4  Legal literature

2.      The institutions of EU: Composition, Powers and Function (week 2-3)

2.1   The European Commission

2.2   The Council of European Union and The COREPER

2.3 The European Council

2.4   The European Parliament

2.5   Court of Justice (ECJ) and Court of First Instance (CFI)

2.6   The Court of Auditors

2.7   Other Institutions

2.8   Comitology

3.    Legislation and decision-making in the European Union (week 4-5)

3.1   Types of EU legislation

3.2   Competence and powers

3.3   Principles of subsidiarity and proportionality

3.4 Legislative and decision-making process

3.5   The voting system

3.6   The case law of EU courts

4. EU law and legal systems of Member States (Week 6-7)

4.1 Direct effect of Community law

4.2 Supremacy of Community law

5. The Implementation of EU law (week 8)

5.1  Member States’ duties to implement EU law

5.2  Enforcement proceedings under Articles 226-228 EC

5.3  The problem of non-compliance

6. Preliminary Rulings and the Development of EU legal system (Week 9)

6.1 Article 234 EC and preliminary rulings

6.2 Jurisdiction and obligation to refer for a preliminary rulings

6.3 Effects of preliminary rulings

7. Judicial review of Community action (week 10-11)

7.1 Annulment actions brought under Article 230 EC

7.2 Judicial control of failure to act under Article 232 EC

7.3 Non-contractual liability

8. Fundamental rights and citizenship of EU (Week 12-13)

8.1 Fundamental rights and EU law

8.2 EU Citizenship

9. EU law model: Constitutionalism and rule of law in the EU（week 14）

9.1   Review the development of EU constitutionalism

9.2  Ru le of law as a general principle of the EU

Methods of Assessment:

1.                   Class attendance and oral contribution (including participation in group discussion and a presentation of selected topic in the last session of the course)    30%

2.                   Research essay (7000 words)        70%

Reading List:

·              Cini, Michelle (ed.), European Union Politics, Oxford University Press, Oxford, 2003, chapters 4 to 13

·             Craig, P. and De Burca, G., EU Law. Texts, Cases and Materials, 3^rd ed., Oxford, 2002

·             Cuthbert, Mike, European Union Law, 2003-2004, 5^th ed., Cavendish, London, 2003, chapters 1 to 5 and 11

·             Fairhurst, John & Vincenzi, Christopher, Law of the European Community, 4^th ed., Longman, Harlow, 2003, part I

·             Hartley, T.C., The Foundations of European Community Law, 5^th ed., Oxford University Press, 2003

·             Jones, Robert A., The Politics and Economics of the European Union. An Introductory Text, 2^nd ed., Edward Elgar, Cheltenham (UK) and Northampton (Ma, USA), 2001, sections 1 and 2

·             Kent, Penelope, European Union Law, Sweet & Maxwell, 3^rd ed., London, 2003, chapters 1 to 7

·             Koen Lenaerts/van Nuffel, Constitutional law of the EU, Sweet & Maxwell, London, 1999

·             Steiner, Josephine & Woods Lorna, L., Textbook on EC Law, 8^th ed., Oxford University Press, Oxford, parts 1 and 3

·      Weatherill, Stephen, Cases &  Materials on EU Law, 6^th ed., Oxford University Press, Oxford, 2003, part 2EU Commission: http://europa.eu.int/ (in 11 languages).

·      Europe on the Internet: http://www.uni-mannheim.de/edz/net/enet.html.

·      Jean Monnet Working paper: http://www.jeanmonnetprogram.org