Curriculum Guide · Courses

Professor Müller-Graff

J.D. Course 816 (cross-listed) | 1 credit hours

The course is designed as a general introduction to the legal system of the European Union with specific emphasis on central issues of its substantive economic law. It starts by introducing the specific features of the European Union's legal order, and then moves into the EU's legislative process, where it concentrates on the political and legislative functions of the various institutions and the division of competences between the EU and its Member States. The course pays particular attention to the role of the judiciary in shaping the EU's legal order. The European Court of Justice developed the fundamental notions of direct effect and supremacy of European law. Those notions, through which rights are created for European citizens, are examined, and the course subsequently turns to how those rights can be enforced.

The area of European internal market law is then chosen as ‘a test case’ to demonstrate and analyse the legal, economic and political developments of the European system. In particular the provisions on the so called basic market freedoms (free movement of goods, services, workers, self employed persons, corporations, capital) as well as the provisions on competition are thoroughly analysed with reference to the case law of the European Court of Justice and to relevant secondary legislation.

Specific attention is given to the presently developing law of the European economic and monetary union and the common commercial policy of the European Union towards other countries within the framework of the WTO. The part of the course on substantive law, by focusing also on specific issues such as the protection of the environment, the relationship between trade and human rights, or the tension between market forces and sectors such as public health is not confined to legal themes only but indirectly examines the role of the EU and the values and polices upon which the European constitutional architecture is founded.

Students may not receive credit for this course and European Union Law.

This course will meet in Fall 2012 on the following Mondays, Wednesdays, and Fridays: Wed, 9/5; Fri, 9/7; Mon, 9/10; Wed, 9/12; Fri, 9/14; Mon, 9/17; Wed, 9/19.