Substantive Law of the European Union

law

intermediate

PR_W06, PR_W08, PR_09. PR_W12

PR_U01, PR_U02, PR_U03, PR_U06, PR_U09, PR_U10

PR_K01, PR_K02, PR_K05

Basic knowledge of the institutional law of the European Union and international law

Class Contents:

1. Basic information about regional integration of states. Concepts of integration in substantive terms. The concept of EU substantive law.

2. Institutional and substantive determinants of EU substantive law.

3 The scope of European Union substantive law. The basic concepts of European Union substantive law

4 Basic principles of EU substantive law.

5.The law of the internal market

6.Review and analysis of the EU competition rules

7.Selected policies of the European Union.

8 EU economic and monetary union.

9. The EU area of freedom, security and justice - general panorama and selected issues

10. External action of the European Union - general panorama and selected issues

11 The EU and crisis situations

Note: issues of non-discrimination, internal market freedoms and competition rules will be the subject of exercises. During the exercises, these issues will be discussed in more detail than in the lecture.

Course contents:

1. Basic information on regional integration of states (comparison of integration processes in Europe and outside Europe: common features and differences). Conceptions of integration in substantive terms (concepts of economic and political integration; integration in the form of a free trade zone, customs union, common market, economic union and full integration; integration as an ever closer political union: from confederation to federation).

2 The concept of substantive law of the European Union. Basic characteristics of the substantive law of the European Union (economic and non-economic dimensions of integration; transnational and national character of economic situations; the concept of the scope of integration and the dynamics of its development). The influence of the institutional law of the European Union on its substantive law.

3. The scope of the substantive law of the European Union (typology of fields and their basic characteristics; nature of competences, method of integration used and instruments). Basic concepts of European Union substantive law: the concept of common space; the concept of networks; the concept of flexibility.

4. Basic principles of European Union substantive law (the principle of freedom and the principle of non-discrimination; horizontal clauses of substantive law coherence; the principle of protection of fundamental rights)

5 The concept of the internal market and market freedoms (free movement of goods, movement and establishment of persons, including citizenship of the Union; of labour, establishment, services, capital movements and payments)

6. A general overreview and analysis of the European Union's competition rules (cartel collusion, abuse of a dominant position, control of concentrations between undertakings, prohibition of State aid)

7 Selected policies and horizontal issues of the European Union (intellectual property; EU cyber space, energy union)

8. economic and monetary union (with particular reference to the distinction between countries in and outside the euro area)

9. the area of freedom, security and justice (crossing internal borders, Schengen area, visas, asylum, immigration, police and judicial cooperation in criminal matters, judicial cooperation in civil matters)

10. the common commercial policy in the context of EU external action (the concept of external action; the specific nature of the common foreign and security policy)

11. the EU and crisis situations (the EU economic and financial crises, migrant crises, armed conflicts)

The Treaty on the EU, the Treaty on the Functioning of the EU and the Charter of Fundamental Rights, as well as the designated secondary legislation and fundamental case-law relating to the specific issues discussed in the lecture and in the exercises.

A. Zawidzka-Łojek, A. Łazowski (red.), Nowy podręcznik prawa Unii Europejskiej, Warszawa 2022, cz. II

J. Barcik, R. Grzeszczak (red.), Prawo Unii Europejskiej, Warszawa 2022, rozdz. XIV-XVI

J. Barcik, A. Wentkowska, Prawo Unii Europejskiej po Traktacie z Lizbony, wyd. CH BECK, 2011

A. Wróbel, K. Kowalik-Bończyk, M. Szwarc-Kuczer (red.), Traktat o funkcjonowaniu Unii Europejskiej. Komentarz. T. I-III, wyd. Wolters Kluwer 2012

www.europa.eu, www.curia.eu

Written examination in the form of a test with open questions or an oral examination. Oral examination

Written examination:

1) 1st approach: 40 multiple-choice test questions (2 points each), 4 case-studies with 5 questions (2 points per question); no minus points.

2) 2nd approach: 30 multiple-choice test questions (2 points each), 3 case-studies with 5 questions (2 points per question); no minus points.

The examinations are passed when 50% of the marks have been obtained.

Oral examination (both attempts): three general questions with specific questions; each question scored separately, but two failing marks for two questions will result in a fail mark for the examination