Module description
This course looks at current challenges in European Union law: the response to the war in Ukraine, the pandemic and its regulatory aftermath including NEXT Gen EU, Brexit, and the rule of law backsliding. Grounded in crisis studies, it equips students with the legal tools to assess such challenges, while evaluating the limits of the general principles of EU law. Students will discuss how the policy instruments choice, based largely on non-legally binding material, might affect, from a democratic perspective, the EU response to the pandemic. The limits to EU competences will be assessed while looking at current landmark cases on the rule of law, and the ways in which the Commission and the EUCJ have been dealing with the Polish and the Hungarian rule of law violations. Issues such a conditionality of EU funding and the new regulatory architecture created by NEXT Gen EU will also be debated. Students will learn how the EU flexed its security muscle during the Ukraine crisis and will appraise the tools available under EU law to treat situations of military conflict and humanitarian crises. Brexit is used to explore legal disintegration: the disentanglement of the EU and the UK legal orders, what does it mean for judges, administrators, and practitioners in the UK.
Assessment details
Summative essay (90%)
Class participation & Moot (10%)
Learning outcomes
By the end of the course, students should:
Be able to critically assess the application of general principles of EU law to current issues of European integration, whilst being aware of the political, social, and economic context
Evaluate the legal limits to European integration, as well as the legal positioning of the EU on a global level
Competently analyse the legal problems raised in the EU by crises, such as Brexit, the war in Ukraine, or the rule of law backsliding
Be able to undertake informed and thorough research on the legal sources of the European Union
Develop mooting skills in EU law, as the course will feature a compulsory moot court exercise
Teaching pattern
Weekly 2 x hour lecture
Suggested reading list
There will be no prescribed manual for the course. Readings will include academic articles and judgments of the ECJ.