Бакалавриат
2023/2024
Право и институты ЕС и ЕАЭС
Статус:
Курс по выбору (Юриспруденция: частное право)
Направление:
40.03.01. Юриспруденция
Кто читает:
Департамент международного права
Где читается:
Факультет права
Когда читается:
3-й курс, 4 модуль
Формат изучения:
без онлайн-курса
Охват аудитории:
для своего кампуса
Преподаватели:
Петренко Алексей Владимирович
Язык:
английский
Кредиты:
3
Контактные часы:
40
Course Syllabus
Abstract
The course on “Law and Institutions of the EU and the EAEU” offers an in-depth exploration of the unique legal frameworks of the European Union (EU) and the Eurasian Economic Union (EAEU). The primary focus is on comprehending the institutional and legal foundations of these unions, considering their supranational nature, as well as the interaction of EU and EAEU law with Member States’ legal systems, and addressing contemporary challenges within these regional economic integration organizations (REIO).
Given the inherent similarities between the EU and the EAEU, a key approach in this course involves a comparative analysis. This method aims to elucidate the functioning of each union, showcasing diverse pathways for regional integration and providing insights into potential developments in the field. Ample attention is also paid to the practical aspects of the EU and EAEU’s functioning, including a discussion of the ways in which the legitimate interests of individuals and entrepreneurs can be protected in the respective legal orders.
The course commences with a clarification of the EU and the EAEU as regional economic integrations. This will be achieved by employing political economy perspectives on regional integrational projects and their modalities, situated within the broader context of public international law. In the main section, the course delves into the institutional design of both unions, exploring their constitutive treaties, organs, decision-making processes, and supranational characteristics. Subsequently, the legal framework within both unions is examined, encompassing the respective sources of law and their distinctive features such as primacy and direct effect. Special attention will be devoted to the common market and economic freedoms within the EU and the EAEU. Notably, the course places significant emphasis on analyzing relevant case law from the Court of Justice of the European Union (CJEU) and the Court of the Eurasian Economic Union (CEAEU), exploring also their overall relevance for the development of both respective integrations.
During this course students are supposed to write an essay on current issues related to the legal and institutional design of the EU and the EAEU, as well as complete a written test consisting of open questions and a case study. At the end of the course, the students need to pass an oral examination.
Learning Objectives
- The main purpose of the course is to develop skills to navigate through the institutional design of the EU and the EAEU, apply their respective legal norms, conduct legal research individually and in a team, and solve cases under the law of the EU and the EAEU (including by applying the comparative approach where appropriate).
Expected Learning Outcomes
- Students are expected to gain knowledge and understanding of role and importance of regional economic integration as a way of state cooperation (also put in the context of public international law), its reasons and modalities; understanding the historical evolution of the EU and the EAEU along with their predecessors, including the current trends.
- Students are expected to gain knowledge and understanding of institutional and legal foundations of the EU and the EAEU, including their organs and sources, as well as the overall structural design within these unions and the perceived supranationality; interaction between EU and EAEU law, on the one hand, and national legal frameworks of their Member States, on the other, including implementation and direct effect of union laws nationally.
- Students are expected to gain knowledge and understanding of functions and operations of key institutions in the EU and EAEU, exploring the roles of supranational bodies, such as the European Commission and the Eurasian Economic Commission; terminology specific to EU and EAEU law, enhancing legal writing skills in the context of these regional entities.
- Students are expected to gain skills and abilities to learn and use specific terminology and sources related to law and institutions of the EU and the EAEU; develop practical abilities in legal research and analysis of treaties, decisions, case law and doctrines within the context of EU and EAEU law (including by applying the comparative approach where appropriate).
- Students are expected to gain skills and abilities to utilize appropriate referencing and bibliographic methods specific to EU and EAEU legal writings; read and analyze case law from key judicial bodies, including the CJEU and the Court of the EAEU; employ major legal databases focusing on EU and EAEU law, such as EUR-Lex, official websites of the EU and EAEU’s institutions, and other relevant platforms for current issues in law of regional integrations.
- Students are expected to gain competencies and abilities to develop a professional methodology for conducting exhaustive legal research and identifying applicable law in the context of the EU and EAEU; apply a systematic legal approach, including comparative methods, to analyze legal issues within EU and EAEU law; independently analyze academic and professional publications and reports on EU and EAEU legal topics.
- Students are expected to gain competencies and abilities to consult governmental authorities and private entities on legal issues within the EU and EAEU frameworks, engaging in professional activities related to the corresponding laws; use supranational and national regulatory acts and judicial decisions to protect rights, freedoms, and legitimate interests within the EU and EAEU.
- Students are expected to gain competencies and abilities to represent individuals and entities before domestic and supranational courts, as well as administrative bodies, within the context of the EU and EAEU legal systems.
Course Contents
- Topic 1 — Introduction to Regional Integration I
- Topic 2 — Introduction to Regional Integration II
- Topic 3 — The EU: basics
- Topic 4 — The EU: institutions
- Topic 5 — The EU: law
- Topic 6 — The EAEU: basics
- Topic 7 — The EAEU: institutions
- Topic 8 — The EAEU: law
Assessment Elements
- Classroom-based workStudents will be evaluated on their performance during the seminars. Each student is expected to attend all seminars and be prepared on the topic of the seminar in advance. The students must study the assigned material. The knowledge of the students can be assessed in class through written tests (close and/or open questions), as well as based on their participation in class discussions.
- HomeworkAn essay; team work; max = 10 points.
- ColloquiumTeam-work in small groups; brief presentation of an essay, followed by a critical Q&A session
- Written testThree open questions (use of additional materials is forbidden) and one case study (use of additional legal sources, notes, and the Internet is allowed). Duration: 1 h 20 min.
- ExaminationForm of the exam: oral in the form of an interview on the whole syllabus without giving time for preparation of the answer (held in small groups).
Interim Assessment
- 2023/2024 4th module0.2 * Classroom-based work + 0.1 * Colloquium + 0.4 * Examination + 0.1 * Homework + 0.2 * Written test
Bibliography
Recommended Core Bibliography
- Vinokurov, E. (2018). Introduction to the Eurasian Economic Union. Cham, Switzerland: Palgrave Macmillan. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1856439
Recommended Additional Bibliography
- Angeli, A., & Di Gregorio, A. (2017). The Eurasian Economic Union and the European Union - Moving Toward a Greater Understanding. [Place of publication not identified]: Eleven International Publishing. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=nlebk&AN=1479874