Instructor(s) Klug, Heinz
The primary goal of this course is to provide an understanding of the legal system of both the European Union and the European Human Rights System which includes both member states of the European Union as well as non-EU European states.
The subject of the first part of the course, taught during the first six weeks of the semester by Giessen Visiting Professors Woerner and Paz, will be an "Introduction to the Law of the European Union." This will be a general introduction to the legal system of the European Union covering both its constitutional and institutional architecture and focusing on a selection of issues including (1) the EU institutional setting, (2) sources of EU law (treaties, secondary legislation, law-making procedures, direct effect, supremacy), (3) remedies in EU law (enforcement proceedings, preliminary references, direct actions, liability), (4) general principles of EU law (human rights, citizenship, rule of law, discrimination, proportionality), (5) the internal market (free movement of goods, persons, services and capital), and (6) a brief overview of other policies of the EU. The focus will be on understanding the underlying principles of European legal integration and becoming familiar with European Union legal sources.
The second part of the course, taught by Professor Klug, will introduce the European Human Rights System focusing on the history, institutional structures and case law of the Council of Europe and the European Court of Human Rights which hears cases that arise under the Convention for the Protection of Human Rights and Fundamental Freedoms.
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.
By the end of this course students should:
1) Have a basic knowledge of the European Legal order, including both the Council of Europe and the European Union;
2) Understand the origins and evolution of both the European human rights system and the system of European economic integration from the Coal and Steel Community to the European Union;
3) Have an understanding of the different institutions that make up both the Council of Europe and the European Union, including the European Court of Human Rights and the European Court of Justice;
4) Appreciate the basic principles of law that govern the European Union as well as the system of human rights that was introduced by the European Convention on Human Rights
5) Have a proficient understanding of the application of the European Convention on Human Rights especially as regards: the Right to Life; Prohibition on Torture, inhuman or degrading treatment or punishment; Freedom of Expression; Respect for Private and Family Life; Right to Freedom from Discrimination; Right to Property; and, Right to Education.