940 European Union Law and National Law - §008, Fall 2008


Instructor(s) Britz, Gabriele, Marauhn, Thilo

Law and Contemporary Problems: European Union Law and National Law

Instructors: Giessen Visiting Professors -- Gabriele Britz and Thilo Marauhn

This course explores the institutions and the legal system of the European Union (EU) and its interaction with the legal system and law of a European member state through the lens of a particular area of substantive law. Taught as an intensive six-week course each Fall by visiting Professors from the University of Giessen, Germany, this course offers a unique opportunity for students to learn directly from and work with teachers from Europe who specialize in a particular area of European law and are able to guide students through both the substantive law and institutional and constitutional issues that face the EU today.

A main intention of the course is to provide a thorough understanding of the legal system of both the European Union and a member state of the Union, usually Germany, while the similarities and differences between the American system as a Common Law system and the dominant European Civil Law system will be an ongoing topic of discussion. Keeping in mind that both international litigation and arbitration tend to adopt principles and standards from both Common Law and Civil Law systems, the advantages and disadvantages of both systems will be analyzed and discussed.

This Fall the focus will be on "European Fundamental Rights and Freedoms". The first half of the course will address "Fundamental Rights in Europe" (dealing, among others, with the development of fundamental rights in European law, core elements of relevant legal doctrine, judicial protection of fundamental rights in Europe, and the protection of privacy and private life in European law). The second part of the course will focus on "The 'Four Freedoms' and Related Human Rights" (discussing, among others, free movement of goods, persons, services and capital, in the European Union, and the protection of economic fundamental rights both under the European Convention on Human Rights as well as in the EU context).

For students who are considering applying to participate in the UW exchange program with the European University Institute in Florence, Italy, this course is essential preparation and preference will be given to applicants who have completed this course.


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