European Law

Weekly two-hour seminar.

Indicative/suggested reading: Townley, Article 81 EC and Public Policy (2009) Hart Publishing,Oxford.

Module description

Most lawyers and competition authorities agree that the sole goal of Articles 101 and 102 TFEU is, and should be, consumer welfare; yet, many EU Courtjudgments suggest that other public policy goals are also relevant. Reflecting Dr Townley's book on the subject, the module considers the arguments for and against the incorporation of public policy goals (and why this matters to the outcome of cases); the state of the existing case law; and how public policy goals should best be incorporated in Article 101 TFEU, if they are relevant there.

The module is taught through a series of two-hour seminars, given by Chris Townley. There is a high degree of student participation in the classes. The module outline provides an array of references for further reading as well as sample questions for us all to ponder before each class. Students can also submit two essays which Chris will mark, grade and return with comments on how they might be improved. This should prove particularly useful for those not used to being examined in the UK system.

It is vital that students read in depth and understand the text and cases set as part of the seminar reading. This is an advanced competition law module, which is ideal for anyone with a good knowledge of European competition law, or those who plan to take one of the other competition law modules during their LLM, please see below for links to these modules.

A 2-hour examination will be set, requiring the student to answer 2 questions. The examination is closed-book. There will be ample opportunity to answer exam-style questions throughout the course.

Module description

EU administrative law has always been an integral part of the law of the European Union, but has only recently attracted greater attention by academics. Its significance is not only demonstrated by the large number of acts which are adopted every year in this area at European level (some 3,000), but also by the content of those acts (risk regulation through the approval of the release of genetically modified organisms and approval of medicinal products, market regulation through antitrust decisions imposing considerable fines on undertakings, etc). EU administrative law also involves a wide variety of actors (European Commission, national administrations, EU agencies, networks, private bodies) and forms (traditional legal instruments, but also a wide range of ‘soft’ law).

The aim of this module is to introduce you to the principles of administrative law and policy of the European Union. The module discusses the foundations of EU administrative law, its constitutional framework, its modes of delivery (comitology, agencies, open method of co-ordination, social partner agreements), its procedures (centralised and decentralised), the general principles of law which it has to observe (legal certainty and legitimate expectations, equality, proportionality, the precautionary principle, transparency), and the supervision of EU administrative action (political supervision and judicial review).

Two-hour seminar.

Module description

EU public procurement law has emerged as a major area of practice for EU lawyers, bolstered by the increased use of PFI contracts, the introduction of new enforcement procedures in 2009 and a growing volume of cases before the European and Member State courts. This module offers a comprehensive grounding in the EU regime. It covers:

• the policy objectives of the EU public procurement law regime and its foundations in the TFEU;
• the substantive rules relating to entities and contracts covered, award procedures, selection of bidders and contract award criteria;
• information disclosure requirements, in particular the European courts’ evolving case law and the relationship with the general principle of transparency and Freedom of Information laws;
• the use of public procurement to further social, policy and environmental objectives; and
• enforcement mechanisms and practice throughout the EU, including the new Remedies Directive and Article 258 TFEU infraction proceedings.

No previous knowledge of the subject is required.

Module description

The EU regulation of public undertakings and EU state aid law are increasingly important parts of EU competition law. The case law at national and European levels is growing in both number and importance, particularly of late. The reasons for this increasing focus on public intervention in the economy are numerous and varied but they primarily relate to the impact of such intervention on the completion of the internal market and the current liberalization and privatisation processes. The module focuses on the relevant provisions of the Treaty, most notably Articles 86, 87 and 88; analysing them (and the resulting case law/ decisions) through various legal, political and economic prisms. For more details please see the module outline at the bottom of this page. No previous knowledge of the subject is required.

The module is taught in seminars; you are encouraged to actively engage with the issues being addressed.

Module description

The aim of the module is to contribute to the understanding of domestic and European company law. It comprises an analysis of legislative measures of EU law, a comparative analysis of domestic laws and an evaluation of economic theory relating to company law and financial market regulation. The first part of the module will (very briefly) give an overview of basic principles of EU law, in particular the law making process, the nature and effect of the different legal instruments, and the functioning of the internal market. At a later point, an in-depth analysis of the right of establishment and the free movement of companies will be conducted.

The remainder of the module will assess the degree of harmonisation achieved on the national level, taking into consideration the directives, regulations, conventions and other instruments of harmonisation which provide the core of EU company law and securities regulation. It will also compare the strategies developed by the national laws in dealing with certain policy issues common to all legal systems (e.g., capital adequacy, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, corporate finance, market integrity and transparency). The comparative analysis will encompass English, and German law, as well as the law of the United States.

Module description

The EU constitutes an important and complex level of governance that requires its own constitutional arrangements. This module looks at the very political and legal nature of the EU, which is neither a State nor an international organization, and traces the political and legal development of the EU. It studies the EU institutions, the processes through which they develop policies and make law, and the principles which govern such law-making. The module further analyses the nature of the EU’s competencies, and the relationship between EU law and the domestic laws of the Member States.

Two-hour seminar.

Indicative/suggested reading: Mark W. Janis, Richard S. Kay and Anthony W. Bradley, European Human Rights Law, Text and Materials, 3rd ed. (OUP, 2008), and Francis G. Jacobs, The Sovereignty of Law, The European Way, (Cambridge, 2007).

Module description

This module focuses on the interaction between the EU, the EHCR and the national systems of human rights in Europe. While the success of human rights was evident in the last 50 years, new questions arise as to the possibility of institutional and substantive conflicts of human rights; is there an ultimate authority on matters of rights in Europe? Do we have a set of standards or are we still searching for the most appropriate balance between human rights and other interests?

Module description

European Labour Law is divided into six parts.

Part One examines the historical development and evolution of European Labour Law, as well as its economic and social purposes.

Part Two examines the wider international human rights context within which European Labour Law operates, including in particular the legal instruments of the International Labour Organisation (ILO) and the Council of Europe.

Part Three examines the institutional competences and framework for the making of European Labour Law, and examines the role of the Court of Justice of the European Union in the development of the discipline. Consideration is also given to different ways of developing standards at EU level, by way of regulatory legislation and collective bargaining.Thereafter, European Labour Law examines selected areas of substantive law dealing with worker protection.

In Part Four these include areas dealing with the position of so-called atypical workers (agency, fixed term and part time workers); working conditions (including working time and the protection of posted workers); and job security (including transfer of undertakings, redundancy and insolvency).

In Part Five the focus turns to collective matters and the duty of the employer to inform and consult, including European Works Councils.

Part Six deals with recent judicial decisions relating to trade union rights and considers their implications for European Labour Law as a whole.

In addition to the foregoing, time will be devoted to assessing future prospects in light of the current crisis in the Eurozone. Parts One – Three are dealt with in Semester One, while parts Four – Six are dealt with in Semester Two. Two – four classes are devoted to each part.

Module description

The aim of the module is to teach the basic provisions of EU competition law; to study the law in its economic and market context; and to consider particular business phenomena - distribution agreements, licences of intellectual property rights, cartels, joint ventures etc. - against the backdrop of the EU Treaty generally and Articles 101 and 102 and the EU Merger Regulation in particular. No previous knowledge of the subject is required.

Throughout the academic year there will be a series of tutorials, given by David Bailey, which follow the course of seminars given by Richard Whish. The tutorials are intended to assist your understanding of the subject in general and its practical application to problem questions in particular. A separate tutorials handout will be provided.

The teachers of this module expect a high degree of participation by all students. It is not intended, in general, to provide lectures except where, for particular reasons, it may be helpful to do so. At each seminar, discussion will be encouraged and expected. You are required to have prepared answers to the questions asked at the end of each seminar handout.

The EU is based on the rule of law and the European integration process has been characterized as ‘integration through law’. At the heart of the EU legal system are the EU’s judicial institutions, in particular the Court of Justice. On the basis of a few EU Treaty provisions the Court has fashioned a comprehensive and dynamic system of judicial protection. This module studies that system by analysing its two essential components.

It first concentrates on the application and enforcement of EU law in the Member States. In that context the module analyses the concepts of direct effect and Member State liability; the preliminary rulings system; and enforcement actions by the Commission. The second component consists of judical review of EU acts, where you study both actions for annulment and the non-contractual liability of the EU. This module has a strong practical orientation, to make you familiar with the system of EU judicial protection, so as to enable you to use EU remedies in practice.

The European Union's growing role in criminal justice, public order and national security has recently been confirmed by the Lisbon Treaty and the Stockholm Programme. The EU is engaged in a wide range of policy initiatives in these related fields and is reshaping the Europe security landscape in the process.

This module examines the constitutional and institutional framework of EU justice & home affairs and the action taken by the EU in this field. It guides you through a critical examination of EU law and policy in the fields of criminal justice, counter-terrorism, immigration & asylum and policing & public order. In addition to examining the role of EU law in these fields the module also considers the relationships between the EU's internal and external activities, and between public agencies and the private sector, in security matters. Case studies will focus on the European Arrest Warrant, counter-terrorist finance, and the proposed European Public Prosecutor.

Robert Hartley