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AIO: Institutional law of the EU, syllabus

Administration in International Organizations

Course title:

Institutional Law of the European Union
summer semester 2016/17

Lecturer: Prof. Dagmara Kornobis-Romanowska
Chair of International and European Law
University of Wroclaw
Wroclaw 25.02.2015

I. General overview

The general purpose of this course is to provide the students with a comprehensive overview of the European Union’s institutions: evolution, competences, functioning and structure of the core EU institutions, and the major policy fields of these institutions, namely the European Council, Council of Ministers, European Commission, European Parliament, Court of Justice of the EU, European Central Bank, Court of Auditors; special bodies and agencies of the EU.
During the course, the students will learn about the general principles, basic concepts and fundamental theoretical framework governing the institutional and political structure of the EU and the procedure applied to the decision-making. The complex and mixed perspective of theory and the main points in current political debate will serve as the elements of the evaluation of the most important elements of institutional structure of the EU, the influence of the Member States on the current status and the future policy of the EU, the directions of its development, the need and the degree of democracy within institutions of this international organization.

II. The objectives and tasks

The general objective and tasks of the course is to make the students understand the role of the EU as the international organization in the contemporary world - the meaning, the scope and the limits of powers conferred on its institutions by the Member States in the establishing treaties, and the rules of interrelationship in law and policy-making in the EU.

III. Forms of participation of students

During one semester the students attendant the lectures and classes. They are obliged to read the advisable literature and materials prior to each lecture and class. They are also expected to participate actively in the discussion following these sessions. In the end of the semester, students are required to submit the survey paper on a relevant topic discussed in classes with the approval of the lecturer. By the end of the lecture the students are expected to pass the written final examination.

IV. Syllabus

Session 1
Theory of the integration and institutional development of the EU – an overview:
Introduction and presentation of legal characteristics of the EU, basic notions and definitions, evolution of the internal structure since the Treaty of Rome to the Lisbon Treaty.

Session 2
International personality and capacity of the EU as the international organisation:
Explanation of EU integration process, from the communities and intergovernmental cooperation of States to the one supranational international organization – legal aspects, competences, categories, control and consequences.

Session 3
EU’s institutions and bodies:
European Council and Council of Ministers - the origin, composition, legal status, working methods, voting, rule-making powers and the rules of institutional interdependence.

Session 4
EU’s institutions and bodies:
European Commission, European Parliament - the origin, composition, legal status, working methods, voting and the rules of institutional interdependence.

Session 5
EU’s institutions and bodies:

Court of Justice of the EU, European Central Bank, Court of Auditors, special bodies and agencies of the EU- the origin, composition, legal status, working methods and the rules of institutional interdependence.

Session 6
Political and national interests:
The role of national parliaments in EU, politics and parliamentary committees in the European Parliament, interparliamentary cooperation, the institutions and the European citizens, principles of subsidiarity and proportionality (possible guest lecture).

Session 7
Institutionalizing the Area of the Freedom, Security and Justice in the EU:
Competences and powers of the EU’s institutions and it’s special bodies, such as Eurojust, Europol, Frontex, creation of the European Public Prosecutor’s Office, forms of interaction between institutions.

Session 8
The structure of the Common Foreign and Security Policy:
External actions of the EU, the role of the High Representative of the Union for Foreign Affairs and Security Policy and the European External Action Service, the limited jurisdiction of the Court of Justice.

Session 9
Democratic accountability of the EU institutions and the legitimacy issues of the politics under the Lisbon Treaty – final remarks

The respond of the EU and the Member States to the challenge of the Lisbon Treaty. The legitimacy of the EU institutions in the analogy and in comparison to the national constitutional democratic organs and bodies, the need and obligation for the international organization to comply with the requirements of democracy.

Session 10
Final examination

LITERATURE

LENAERTS Koen, VAN NUFFEL Piet, BRAY Robert, European Union Law 3rd Edition, SWEET AND MAXWELL LTD 2011.
Kapteyn & VerLoren van Themaat the Law of the European Union And The European Communities- with reference to changes to be made by the Lisbon Treaty, 4th edition, 2008.
Birkinshaw Patrick, Varney Mike (Ed.), The European Union Legal Order After Lisbon, Kluwer Law Int. 2010.
Craig Paul, The Lisbon Treaty. Law, Politics, and Treaty Reform, Oxford University Press 2010.
Chalmers Damian, Davies Gareth, Monti Giorgio, European Union Law Cases and Materials, 2nd Edition, Cambridge Univ. Press, 2010.
McCORMICK John, European Union Politics, Palgrave Foundations Series, PALGRAVE-MACMILLAN 2011
MASCLET Jean-Claude, BOUTAYEB Chahira, RODRIGUES Stéphane, FABRI Hélène Ruiz, L'Union européenne : union de droit, union des droits : mélanges en l'honneur de Philippe Manin EDITIONS A. PEDONE 2010.

Bickerton, Christopher J. , European Union Foreign Policy : From Effectiveness to Functionality, Palgrave Macmillan 2011.

Please note that this syllabus may be modified with a prior notification to the students of any modification.