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Advanced European Union Law (Free Movement)


Semesterangivelse: Efterårs kursus

 


Udgave: Jura Kandidatuddannelsen 2011/2012
ECTS points: 10 ECTS
Punkter: 10 ECTS = 1/6 årsværk

Semester:

Autumn 2011
Uddannelsesdel: Kandidat niveau
Kontaktpersoner: Fagansvarlig: Ulla Neergaard
Andre undervisere: External lecturers Ass. Professor Catherine Jacqueson and others
Skema- oplysninger:  Vis skema for kurset
Samlet oversigt over tid og sted for alle kurser inden for Lektionsplan for Det Jurdiske Fakultet (kandidat) Jura Kandidatuddannelsen 2011/2012
Undervisnings- periode: Monday and Wednesday, 13-15
1. Day:Monday, 5.9.2011
Formål: The objective of the course is to provide the participants with an advanced knowledge about the substantive EU law on the free movement of goods, persons, services and capital. Moreover, it is the intention that the participants shall be able to apply this knowledge to specific and hypothetical cases.
Indhold: The course assumes an active participation of the students.
The course first provides a brief introduction to the implementation of EU law into national law. The primary topic of the course will be the free movement of goods, persons, services and capital, however at a more advanced level than the course “EU-ret” at the bachelor-education. The starting point for this examination will be the interpretation and application of the relevant rules of the FEU Treaty as provided in a number of important judgments. Moreover, as part of the course the harmonisation process within the field of free movement will be examined. The course will cover the following issues:

• Implementation of EU law into national law.
• Restrictions on the free movement of goods.
• The right to entry and to take residence in another Member State.
• The free movement for workers.
• The right to establishment and free movement of services.
• The free movement of capital.
Kompetence- beskrivelse: European Union Law (Free Movement in the European Union)
The objective of the course is to enable the students to:

- Present the provisions of the FEU Treaty on the free movement of goods, citizenship of the Union, the free movement of workers, the freedom of establishment, the free movement of services and the free movement of capital.
- Explain the interpretation and application by the Court of Justice of the provisions of the FEU Treaty on free movement and on citizenship of the EU on the basis of the judgments included in the curriculum of the course.
- Put the method of interpretation of the Court of Justice and the significance of the judgments for the realisation and further development of the internal market of the European Union into perspective.
- Identify the margin of appreciation that the Court of Justice has left to the Member States in situations where a Member State wishes to set requirements for goods, persons, services and capital.
- Identify the relevant problems of European Union law when presented in a specific case.
- Present arguments and solutions in a systematic and coherent manner, showing general knowledge and understanding of the problems of European Union Law concerning free movement.
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent.
Faglige forudsætninger: Students who do not have a basic knowledge of the legal order of the European Union are strongly recommended to participate in the non-credit course "Introduction to EU Law". This course is a 10-hour introduction offered by the Faculty of Law at the beginning of the term. A fair knowledge of English is required.
Eksamensform: Oral examination based on a synopsis (that does not count towards your final grade).
Eksamen: 28. november-2. December 2011 (preliminary dates)
Kursus hjemmeside:
Kursus hjemmeside: The relevant treaty texts can be found at: http://eur-lex.europa.eu/en/treaties/index.htm
Jurisprudence as well as press releases with summaries and the weekly report of the European Court of Justice can be found at the website of the Court: http://curia.europa.eu/

Bemærkninger: European Union Law and EU-ret (den fri bevægelighed af varer, personer, tjenesteydelser og kapital), are mutually exclusive. It is therefore only possible to follow and be examined in one of these two courses during the course of study.
Pensum:
  • Morten Broberg and Nina Holst Christensen, "Free Movement in the European Union - Cases, Commentaries and Questions", 3rd edition, Jurist- og Økonomforbundets Forlag 2010, exhaustion of intellectual property rights" pp. 366 til 425. Students should acquire the Treaty texts. Required readings cover approximately 500 pages.
  • Sidst redigeret: 17/5-2011



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