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European Union Law Module 1 in the course Law of Supranational Organizations at the Law School of Maqsut Narikbayev University, Astana |
19.12.23 |
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Fall Semester 2023; Tuesday and Friday, 10:00 - 11:15, room 428 resp. 312 |
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Final note
After the end of the course this website has been finished. It will stay available for the purpose of deepening and repetition. Thank you for your interest and commitment. You are always welcome to contact me for any comments or questions. With best wishes for your future studies, yours Prof. Dr. Thomas Schmitz
The European Union is a difficult to understand state-like but non-state organisation of supra-national integration, with a highly developed, complicated institutional and legal system and far-reaching competences, that has a much greater impact on life in its member states than is generally perceived. This course presents the EU's legal and theoretical backgrounds, the discussion about its legal nature, the status and role of its member states, the Union's institutional system and other aspects of the EU as an organisation. It also presents the fundamental values, on which the Union is built, and the special rights of the Union citizens. Special parts are dedicated to its legal system (including the powerful role of the European Court of Justice in defending EU law) and to the European internal market (including the citizens' economic fundamental freedoms and basics of EU competition law).
There will be a written classe exercise (essay writing) for this module after week 6.
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Syllabus (→ from KAZGUU Canvas) |
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Contents (of this module) |
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Bibliography (detailed selection in English) |
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Diagram 1 (Forms of international cooperation, supranational cooperation and integration) |
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Diagram 2 (The rights of the citizens of the European Union) |
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Diagram 3 (The law of the European Union) |
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Diagram 4 (The fundamental freedoms - a simple overview) |
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First mid-term examination (question) |
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How to write a course paper (special material to prepare for the first mid-term examination) |
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Slides presented in
the lectures (®
aids for illustration) |
Contents (summary/details)
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§ 1 Introduction |
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§ 2 The European Union as an organisation |
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§ 3 The legal system of the European Union |
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§ 4 The European internal market (overview) |
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§ 5 The European Union - a model for integration in other parts of the world? (→ final discussion) |
Bibliography (short/detailed selection in English)
[A. Textbooks] [B. Commentaries] [C. Works of reference & handbooks] [D. Law reports and casebooks] [E. Compendiums of laws] [F. Journals]
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Barnard, Catherine; Peers, Steve (editors): European Union Law, 4th edition 2023 |
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Borchardt, Klaus Dieter: The ABC of EU Law, 2017 (textbook in all official languages) |
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Costa, Marios; Peers, Steve: Steiner & Woods, EU Law, 14th edition 2020 |
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Craig, Paul: Búrca, Gráinne de: EU Law. Text, Cases and Materials, 7th edition 2020 |
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Dadamo, Christian; Quénivet, Noëlle: European Union Law, 3rd edition 2020 |
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Davies, Karen; van Munster, Maarten; Düsterhöft, Isabel: Understanding European Union Law, 8th edition 2022 |
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Folsom, Ralph H.: European Union Law inclunding Brexit and Beyond in a Nutshell, 10th edition 2022 |
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Hartley, Trevor; Tridimas, Takis: The Foundations of European Union Law, 9th edition 2022 |
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Horspool, Margot; Humphreys, Matthew; Wells-Greco, Michael: European Union Law, 11th edition 2021 |
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Jaeger, Thomas: Introduction to European Union Law. Foundations - Institutions - Enforcement - Internal Market Rules, 2021 |
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Lenaerts, Koen; Nuffel, Piet van: EU Constitutional Law, 2023 |
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Schütze, Robert: European Union Law, 3rd edition 2021 |
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Ziller, Jacques: Advanced Introduction to European Union Law, 2020 |
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Geiger, Rudolf; Khan, Daniel-Erasmus; Kotzur, Markus: European Union Treaties. Treaty of the European Union, Treaty on the Functioning of the European Union, Charter of Fundamental Rights of the European Union, 2015 |
C. Works of reference and handbooks
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Arnull, Anthony; Chalmers, Damian (editors): The Oxford Handbook of European Union Law, 2015 |
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European Commission (editor): Glossary (explanation of numerous legal and political terms in all official languages) |
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Haastrup, Toni; McGowan, Lee; Phinnemore, David: A Dictionary of the European Union, 9th edition 2019 |
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Court of Justice of the European Communities/Union (editor): Case-law (database of the jurisprudence of the Court of Justice, the General Court [formerly the Court of First Instance] and the Civil Service Tribunal and also of the opinions of the Advocates General in the different official languages) |
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Said, Lana; Shahid, Masuma: Cases and Materials. International and European Union Law, 3rd edition 2022 |
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Publications Office (editor): EUR-Lex. Access to European Union law (online compendium of primary and secondary law in the different official languages) |
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Publications Office (editor): Summaries of legislation (specialised online compendium of legislation concerning the individual fields of activities) |
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Foster, Nigel (editor): Blackstone's EU Treaties and Legislation, 34th edition 2023 |
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CMLRev: Common Market Law Review, since 1964 |
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ELJ: European Law Journal, since 1995 |
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ELRev: European Law Review, since 1975 |
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EUI Law Working Papers: since 1990 |
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JMWP: Jean Monnet Working Papers, since 1995 |
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WHI-Papers: since 1997 |
A. Links concerning the general subject of the course module
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Homepage of the European Union: Main server "Europa" (in 24 languages) |
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Compendiums of Laws: Founding Treaties (consolidated versions of the Treaty on European Union (EU Treaty) and the Treaty on the Functioning of the European Union (FEU Treaty) with protocols and declarations); Charter of Fundamental Rights; EUR-Lex (comprehensive database; here you find all EU primary and secondary law in all official languages); Summaries of legislation (by topic) |
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Institutions of the European Union: European Council (heads of state and government of the member states), Council of the European Union (representatives of the member states at ministerial level), European Commission, European Parliament, European Court of Justice, European Central Bank, European Court of Auditors; European Economic and Social Committee (advisory body), Committee of the Regions (advisory body) |
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Jurisprudence: at the website of the European Court of Justice; jurisprudence at EUR-Lex; see also my Compendium Jurisprudence on European integration (with direkt links to the inidvidual judgements) |
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Bacis information on the European Union: Information at the Main Server; Europe in 12 lessons (European Commission), Glossary on EU institutions and policies (EuR-Lex) |
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Overview on EU activities and topics (Main Server) |
B. Links concerning special subjects
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concerning § 2 I: Thomas Schmitz, A New Form of Organisation: the Supranational Union (summary of habilitation thesis, 2001) |
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concerning § 2 III: ECJ, case 138/79, Roquette Frères / Isoglucose (principle of institutional balance in the European Union |
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concerning § 2 V: Thomas Schmitz, The fundamental values of the European Union, course material, Chișinău 2016; Bojan Bugarič, Central Europe’s descent into autocracy: A constitutional analysis of authoritarian populism, I*CON 17 (2019), 597 ff. |
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concerning § 3 I: Thomas Schmitz, Integration through Law. The European Approach of Supranational Geo-Regional Integration, conference materials ICONAS 2019/article |
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concerning § 3 II: European Court of Justice (= ECJ), case 26/62, van Gend & Loos (Community law as an independent legal order, see p. 23 ff.); ECJ, case 6/64, Costa/ENEL (primacy of Community law, see p. 1269 ff.); ECJ, case 11/70, Internationale Handelsgesellschaft (primacy of Community law over national constitutional law, see no. 3 f.); ECJ, case 148/78, Ratti (direct applicability of directives after expiration of implementation period, see no. 19 ff.); ECJ, case 79/83, Harz (interpretation of national law in the light of the directives); ECJ, joint cases C-6/90 and 9/90, Francovich (state liability for non-implementation of directives, see no. 31 ff.); more jurisprudence on the implementation and enforcement of European Union law |
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concerning § 3 III: Ordinary legislative procedure (explication by the European Parliament) |
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concerning § 3 V: self-presentation of the European Court of Justice (with a concise presentation of its composition, jurisdiction and procedure, in all languages); Thomas Schmitz, The most important legal actions at the European Court of Justice, course material, Chișinău 2016 |
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concerning § 4: information on the Customs Union (Main Server); the Single Market Scoreboard of the Commission (indicates the state of development of the Internal Market); Antitrust Enforcement Regulation (regulation 1/2003), Merger Control Regulation (regulation 139/2004); European Stability Mechanism (ESM); important jurisprudence on the economic fundamental freedoms |