KAFP 3905 - Constitutional Foundations of the European Union

The course aims to provide students with a strong understanding of the constitutional system of the European Union (EU). It covers the following topics: the origins and legal nature of the EU; the competences of the EU (versus competences of the Member States); the EU's institutional structure; the EU decision-making process; the sources of EU law; Primacy and Direct effect; the EU's judicial system; the protection of Fundamental rights within the EU legal system. Union citizenship as well as accession and withdrawal conditions for Member States will also be assessed as basic elements of the EU's democratic legitimacy. A particular attention will be paid to the functioning of the EU institutions and the role of the European Court of Justice in shaping the EU legal order.

Andreas HATZIDIAKOS,Maève KIEFFER,Carl-Michel REISCHEL

Cours magistral seul

English

Before each session, students should check the syllabus and prepare the course reading material (e.g. texts, judgements of the European Court of Justice and doctrinal notes). The “suggested readings” are not mandatory but can be useful to give further understanding on the topics to be discussed during class.

The course is designed for students with basic knowledge of EU law and institutional framework. However, students with little prior knowledge of the EU legal system are also welcomed to participate. In order to better follow the course, we recommend one of the following readings: 1) Arnull A., European Union Law: A Very Short Introduction, Oxford University Press, 2017 2) Rosas A., Armati L., EU Constitutional Law: An Introduction, Hart Publishing, 2018 3) Schütze R., An Introduction to European Law (4th edn), Oxford University Press, 2023

Autumn 2024-2025

Mid-term exam: 50% of the final grade. Final exam: 50% of the final grade. Further information on the two assignments will be provided during the course.

The course is designed as an interactive lecture course that combines input from the instructors with class discussion on the assigned readings. Discussion on on-going debates and challenges of the EU will also be encouraged. Two optional “tutorat” sessions will be provided to prepare students for the different exams throughout the semester. To help students prepare for the “EU Simulation” in the second semester of the Master in European Affairs program, these sessions will also cover practical aspects of the EU legislative process, with a particular focus on trilogue negotiations.