European Public Law Seminar

 

International visiting lecturers:

Sam Koplewicz, JD (Harvard Law School), BA (Brown)

Harvard Law School Satter Fellow at Human Rights Watch, Beirut, Lebanon

&

Klaudia Majcher, LLM (Leiden)

Vrije Universiteit Brussel, Belgium

 

SEMINAR DESCRIPTION

This is an interactive and practical seminar that discusses EU law from a global perspective. It discusses the basic concepts of EU law, but through the most current developments. The seminar facilitates the development of problem-solving skills, written and oral argumentation and debating skills, and enhances critical thinking. 

SEMINAR REQUIREMENTS

- Class participation is a standard requirement at the University of Zagreb (but students are allowed to miss a small number of classes due to personal reasons). Activity in the class is valued. 

- Students can pass the seminar either by taking a mini-exam (colloquium) or by writing a short paper. Students interested in writing a short paper should discuss the topic with the seminar's teaching staff. The topic can be either from the field of expertise of the teaching staff or a case study (European Court of Justice judgment).

MAILING LIST

- We advise joining the mailing list for current students.

https://www.pravo.unizg.hr/EJP/mailing_lists

 

UNITS

UNIT 1 - Brexit and EU institutions

Friday, 9 March, 10.00 Ćirilometodska 4, classroom no. V

The UK's withdrawal from the EU gives rise to numerous legal, political, and economic questions. The seminar's main focus is on the institutional dimension of Brexit, and specifically on the involvement of each institution throughout the ongoing process of the withdrawal negotiations. 

 

UNIT 2 - EU data protection law 

Tuesday, 13 March, 11.00, Trg Republike Hrvatske 3, classroom no. III

Personal data are at the core of the digital economy. Acquiring and processing of unprecedentedly high volumes of data by digital market operators is facilitated by technological developments and motivated by an increasing economic value that data generate. The seminar undertakes to discuss the significance of the rights to privacy and data protection and familiarise the students with the EU data protection legal framework.

 

Optional reading:

- C-131/12 Google Spain

C-362/14 Maximillian Schrems v Data Protection Commissioner

 

UNIT 3 - Preliminary rulings

Tuesday, 20 March, 11.00, Gundulićeva 10, classroom no. II

The reference for a preliminary ruling, a procedure that enables national courts to refer questions to the CJEU on the interpretation or validity of EU law, has been of seminal significance for developing EU law and shaping the relationship between the EU and the national legal systems. Apart from providing an overview of the preliminary reference mechanism, the seminar discusses the transformation of the relations between the EU national systems from horizontal and bilateral, to vertical and multilateral

 

Reading:

- Case 283/81 C.I.L.F.I.T. v Ministry of Health

Craig and de Búrca, EU Law (OUP, 2015), pages 464-507

 

UNIT 4 - EU regulation: promoting good health

Tuesday, 27 March, 11.00, Trg Republike Hrvatske 3, classroom no. III

Promoting healthy lifestyles is high on the EU regulatory agenda. The seminar aims to explore the EU’s regulatory intervention relating in particular to tobacco, alcohol, and unhealthy diets. It focuses on different regulatory measures and instruments used by the EU, its competence to act, and the principles of proportionality and subsidiarity.

 

Reading:

- Case C-547/14 Philip Morris Brands

 

Optional reading:

- Alemanno and Garde, "The Emergence of an EU Lifestyle Policy" (2013) Common Market Law Review

 

UNIT 5 - EU Competition Law

Tuesday, 3 April, 11.00, Trg Republike Hrvatske 3, classroom no. III

Competition law serves the objective of ensuring that companies operating in the EU benefit consumers by offering them a wide choice of products and services that are cheap, innovative, and of high quality. The seminar discusses two core competition law provisions enshrined in the TFEU: Article 101 that prohibits agreements between undertakings that are restrictive of competition, and Article 102 that concerns the abusive conduct of dominant companies. To highlight the practical relevance of competition law and its impact on daily life, the seminar focuses on the most prominent and topical competition law cases.

 

Reading: (you will find both documents attached)

-          Commission’s press release (Google)

-          Jones and Townley, “Competition law” in Barnard and Peers, European Union Law (OUP, 2017)

 

UNIT 6 - Legal Education: Reproducing Hierarchy and Domination v. Reshaping of the Society

Tuesday, 17 April, 11.00, Trg Republike Hrvatske 3, classroom no. III

Reading:

Please read over the first article by Duncan Kennedy. Focus on the sections: the Introduction, The First-Year Experience, Ideological Content of Hegal Education, The Formal Curriculum: Legal Rules and Legal Reasoning, The Modeling of Hierarchical Relationships, and The Student Response This means skip: Student Evaluation and Incapacitation for Alternative Practice.

When a section gets boring, just start the next section. It is better to get an overview of each rather than a detailed reading on a few.

 

Please also read the VERY SHORT article on Brexit by Alexander Somek. I promise once you open it you will see how short and light a reading it is - at least SKIM it. 

 

There will be no seminar in the week starting 23 April 2018.

 

UNIT 7 - Critical Assessment of the Economics and Game Theory Behind the EU Free Movement of Goods and the US Dormant Commerce Clause

Wednesday, 2 May 2018, 15.00, Trg Republike Hrvatske 3, classroom no. II - please notice the change of time and venue!

Reading:

 

UNIT 8 - The Evolution of the Dublin Regulation: A Conversation Between The Judiciary and The Legislature

Tuesday, 8 May, 14.00, Gundulićeva 10, classroom no. IX.

Make up class (for students who were not able to come on 8 May): Monday, 14 May, 11.00, Trg Republike Hrvatske 3, classroom no. III

Reading:

  • Daniel Thym's "Judicial Maintenance of the Sputtering Dublin System on Asylum Jurisdiction: Jafari, A.S., Mengesteab and Shiri" distributed via email.

 

UNIT 9 - Critical Analysis of an Expanding and Shrinking EU

Tuesday, 15 May, 11.00, Trg Republike Hrvatske 3, classroom no. III

Reading:

 

UNIT 10 - Competency in Asylum Law

Tuesday, 22 May, 11.00, Trg Republike Hrvatske 3, classroom no. III

Reading:

 

Press Release of EU -Turkey Judgement by General Court 

 

Greek's Council of State decision on 22 September 2017

Reading from "The concept of 'safe third country'" on ward. 

 

Human Rights Watch video on Levbos

 

Optional, but will be discussed: NYTimes recent Article 

 


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