Areas of Application of European Law

  • The formal (principle) scope of application of Union law
  • Expansive basic understanding
  • Union law to be implemented
  • Sufficiently specific obligations of the member states
  • Obligations under secondary law
  • Obligations in cross-border situations
  • Duties arising from citizenship of the Union
  • Art. 157 I TFEU
  • Applicability of universal principles and fundamental rights
  • The substantive areas of application of Union law
  • Harmonisation concessions
  • Substantive intertwining of primary and secondary law
  • Legally differentiated assessment of each situation
  • Primacy of teleology
  • Unity, primacy and effectiveness of Union law
  • The role of the ECJ
  • Room for national fundamental rights

Mode of delivery

face to face

Type

compulsory

Recommended or required reading and other learning resources/tools

Latzel, Clemens (2015): Die Anwendungsbereiche des Unionsrechts, in EuZW, Heft 17/2015, S. 659-664.
Pacic, Harun (2020): Europäische Grundrechte, Norderstedt: BoD.
Jaeger, Thomas (aktuelle Auflage): Materielles Europarecht, Wien: LexisNexis ARD Orac.
Additional literature will be announced by the lecturer at the beginning of the semester.

Planned learning activities and teaching methods

Lecture, participation & performance, legal research, exercises in applying the law and solving cases, legal writing, case discussion as homework (individual task)

Assessment methods and criteria

Final exam (closed book) 70% and continuous assessment parts (30%): two case discussions à 10%, participation & performance 10%

Prerequisites and co-requisites

None

Infos

Degree programme

Europäische Wirtschaftspolitik

Cycle

International Programme

ECTS Credits

5.00

Language of instruction

German

Curriculum

Full-Time

Academic year

2023

Semester

1 WS

Incoming

Yes

Learning outcome

After successful completion of the module, students can:

  • explain the institutions and sources of law of the EU, their back-ground and meaning of the European legal construct,
  • explain and classify the role of the European Court of Justice (ECJ),
  • distinguish the formal from the substantive scope of application of European law,
  • distinguish between norms of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), as well as legal acts of the EU,
  • explain the European legal determinants of economic law issues,
  • discuss the legal framework of the EU internal market and conflicts with the national framework of the welfare state.

Course code

0899-23-01-VZ-DE-06