European Union Law — Overview

Forthcoming Subject Events


February 2012

Wednesday 22 February 2012  Week 6

Oxford Law Faculty
A Debate: The Future of Europe: Towards a Two-Speed EU?
Speaker: Jean-Claude Piris (author and former Director General of the Legal Service of the Council Secretariat), Kalypso Nicolaïdis (DPIR, CIS director), Pavlos Eleftheriadis (Law, Mansfield), Stephen Weatherill (Law, Somerville).
Christ Church McKenna Room at 17:00

Discussion Group

These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.

EU Law Discussion Group

Publications

Showing all[*] publications sorted by type, then year, author, title  [change this]

Showing all 77 European Union Law publications currently held in our database
Change to sort them by year | title | name OR
Show only Recent | Selected publications

Journal Articles

2012

P Eleftheriadis, 'The Euro and the German Courts' (2012) 128 Law Quarterly Review 216

This note discusses the judgment of the German Constitutional Court of 9 September 2011, according to which the Euro Bailout agreements of 2010-2011 may be unconstitutional, if they encroach on the 'Budgetary Sovereignty' of the German People.


D Leczykiewicz, '"Where Angels Fear to Tread": The EU Law of Remedies and Codification of European Private Law' (2012) 8 European Review of Contract Law (forthcoming)

V Moreno Lax, 'Dismantling the Dublin System: M.S.S. v Belgium and Greece' (2012) 14 European Journal of Migration and Law (forthcoming).

2011

J Dickson, 'Directives in European Union Legal Systems: Whose Norms Are They Anyway?' (2011) 17 European Law Journal 190

This article is concerned with whether the concept of a legal system - long a centrepiece of state-based legal theories – is a useful conceptual tool in theorising the contemporary European Union and its legal relations with its Member States. The focus lies particularly with EU Directives, and with what the character and operation of this distinctive type of EU norm can tell us a regards the existence of and relations between legal systems in the EU. I argue for the view that the EU is comprised of distinct but interacting legal systems at EU and national level, and claim that the character and operation of directives supports this view. Throughout the discussion I try to bring the conceptual tools of analytical legal philosophy to bear on puzzles generated by EU law and its relations with national law, in order to show that a sound analysis of aspects of the EU can benefit from abstract legal philosophical reflection, and vice versa.


P Eleftheriadis, 'Planning Agreements as Public Contracts Under the EU Procurement Rules' (2011) 20 Public Procurement Law Review 43

2010

D Leczykiewicz, '"Effective Judicial Protection" of Human Rights After Lisbon: Should National Courts Be Empowered to Review EU Secondary Law?' (2010) 35 European Law Review 326-348

2009

S Douglas-Scott, 'The EU’s Area of Freedom, Security and Justice: a lack of fundamental rights, mutual trust and democracy?' (2009) 11, 2008-2009 Cambridge Yearbook of European Law studies

A Johnston and K. Talus, 'Comment on Pielow, Brunekreeft & Ehlers on Ownership Unbundling' (2009) 2 Journal of World Energy Law and Business 149

D Leczykiewicz, 'Private Party Liability in EU Law: In Search of the General Regime' (2009) 12 Cambridge Yearbook of European Legal Studies 257

S J Whittaker, 'Clauses abusives et garanties des consommateurs: la proposition de directive relative aux droit du consommateur et la portée du 'harmonisation complète'' (2009) Recueil Dalloz 1

Abstract: In October 2008 the EC Commission published a Proposal for a Directive on Consumer Rights. This proposal seeks to put together provisions from four existing directives of the consumer acquis, replacing the traditional ‘minimum’ nature of their protection with ‘complete harmonisation’. This article explains the substantive changes proposed for two of these directives (unfair contract terms and consumer sales) and it identifies a fundamental ambiguity in what is meant by full harmonisation for this purpose. For ‘complete harmonisation’ would either require Member States to disapply all other national legal rules which could overlap with the impact of these two sets of harmonised rules in their respective contexts (all rules affecting the validity of terms in consumer contracts, all remedies in respect of failures in quality, fitness for purpose or contractual conformity of goods in consumer contracts of sale of goods), with costs in terms of national coherence and the development of perverse incentives as well as in terms of the weakening of the substantive legal policies pursued by those rules. Or an attempt would have to be made to restrict the impact of ‘full harmonisation’ to the conceptual schemes actually set out by the Proposal, leaving untouched ‘other grounds’ of control of contract terms or buyer’s rights (as the case may be). This second approach would enable the undesirable effects of the first choice to be avoided, but it would fundamentally undermine the economic purpose of introducing full harmonisation.

La proposition de directive relative aux droits des consommateurs(octobre 2008) rassemble dans un seul texte les quatre directives sur l'acquis communautaire en vue de l'« harmonisation totale » de la protection des consommateurs. Cet article éclaire les changements substantiels par rapport à deux de ces directives (clauses contractuelles abusives et ventes au consommateur), et l'ambiguïté du concept d'« harmonisation totale ». Soit celle-ci écartera l'application des dispositions nationales pouvant empiéter sur le domaine des règles harmonisées, conformément à l'inspiration économique de la Proposition, soit elle n'affectera que les lois nationales de transposition de la Proposition, sans préjudice du contrôle des clauses abusives ou des droits.


K S Ziegler, 'Strengthening the Rule of Law, but Fragmenting International Law: The Kadi Decision of the ECJ from the Perspective of Human Rights' (2009) 9 Human Rights Law Journal 288

2008

A Johnston, 'Focus article – The European Union, the United Kingdom and Terrorist Asset Freezing: Getting into Hot Water?' (2008) European Current Law Monthly Digest

A Johnston and others, 'The Proposed New EU Renewables Directive: Interpretation, Problems and Prospects' (2008) European Energy and Environmental Law Review 126

D Leczykiewicz, 'Constitutional Conflicts and the Third Pillar' (2008) 33 European Law Review 230

D Leczykiewicz, 'Why do the European Court of Justice judges need legal concepts?' (2008) 14 European Law Journal 773

V Moreno Lax, 'Must EU Borders Have Doors for Refugees? On the Compatibility of Schengen Visas and Carrier Sanctions with EU Member States’ Obligations to Provide International Protection to Refugees' (2008) 10(3) European Journal of Migration and Law 315-364.

2007

A Johnston, 'European Community Law and National Private Law: ‘Never the Twain Shall Meet’?' (2007) 3 Cambridge Student Law Review 56

A Johnston, A. Kavali and K. Neuhoff, 'Take-or-Pay Contracts for Renewables Deployment' (2007) 36 Energy Policy 2481

Renewables require support policies to deliver the European 20% target. We discuss the requirements for least-cost development and efficient operation and quantify how different schemes (i) allow for the development of a renewable energy technology portfolio; (ii) reduce rent transfers to infra-marginal technologies or better than marginal resource bases and (iii) minimise regulatory risk and thus capital costs for new projects. Long-term take-or-pay contracts minimise regulatory uncertainty, create appropriate incentives for location and operation, allow for efficient system operation and seem compatible with European state aid. We discuss how property rights legislation protects existing renewables investors, and thus can ensure ongoing investment during a transition towards the new scheme.


A Johnston and H. Unberath, 'The Double-Headed Approach of the ECJ concerning Consumer Protection' (2007) 44 Common Market Law Review 1237

2006

C Costello and G Davies, 'The Case Law of the Court of Justice in the Field of Sex Equality Since 2000' (2006) Common Market Law Review 1567

Thematic review and evaluation of ECJ caselaw on sex equality from 2000 to 2006, including the general principle of equal treatment / non-discrimination.


A Johnston, 'Free Allocation of allowances under the EU Emissions Trading System – legal issues' (2006) 6 Climate Policy 115

2005

D Leczykiewicz, 'Common Commercial Policy: the Expanding Competence of the European Union in the Area of International Trade' (2005) 6 German Law Journal 1673-1686

K S Ziegler and others, Integrating Integration? (2005) 7 European Journal of Migration and Law 119

2004

A Johnston and A.A. Dashwood, 'The Institutions of the Enlarged EU under the regime of the Constitutional Treaty' (2004) 41 Common Market Law Review 1481

2003

A Johnston and others, 'Draft Constitutional Treaty of the European Union and related documents' (2003) 28 European Law Review 3

2001

A Johnston, 'Judicial Reform and the Treaty of Nice' (2001) 38 Common Market Law Review 499

2000

A Johnston, Will the Sparks Fly? The role of the European Union in the liberalisation of the electricity industry (2000) 3 Cambridge Yearbook of European Legal Studies 239

1999

A Johnston, 'Maintaining the Balance of Power: Liberalisation, Reciprocity and Electricity in the European Community' (1999) 17 Journal of Energy and Natural Resources Law 121

1998

A Johnston, 'Democracy in the European System: Towards a Critical Approach' (1998) 9 European Law Students Association Selected Papers in European Law 77

1997

P Eleftheriadis, 'The Direct Effect of Community Law' (1997) 16 Yearbook of European Law 205

‘The Direct Effect of Community Law: Conceptual Issues’ 16 Yearbook of European Law (1996) 205-221.


0

S J Whittaker, 'The Optional Instrument of European Contract law and Freedom of Contract' European Review of Contract Law 371 – 398

This article assesses the appropriatess of an 'optional instrument' in contract law foreseen by the European Commission


Chapters

2012

P Eleftheriadis, 'Federalism and Jurisdiction' in Geert de Baere, Elke Cloots (eds), Federalism and EU Law (Hart Publishing 2012) (forthcoming)

V Moreno Lax, 'In Need of a Comprehensive Approach to Access International Protection in the EU' in C Gortázar Rotaeche (ed), European Migration and Asylum Policies: Coherence or Contradiction? (Brussels: Bruylant, 2012) (forthcoming)

2011

P Eleftheriadis, 'The Institutions' in David Vaughan QC and Aidan Robertson QC (eds), The Law of the European Union (Oxford University Press 2011)

D Leczykiewicz, 'The Charter of Fundamental Rights and Member States’ Derogations from Internal Market Obligations' in PM Huber and K Ziegler (eds), The EU and National Constitutional Law ( 2011)

V Moreno Lax, '(Extraterritorial) Entry Controls and (Extraterritorial) Non-Refoulement in EU Law' in M-C Foblets, P De Bruycker et al (eds), The External Dimension(s) of EU Asylum and Immigration Policy (Brussels: Bruylant, 2011)

V Moreno Lax and S Peers, 'Carrier Sanctions ' in S Peers and E Guild (eds), EU Immigration and Asylum Law, 2nd Ed. (Leiden/Boston: Martinus Nijhoff, 2011) (forthcoming)

S Vogenauer, 'The Prohibition of Abuse of Law: An Emerging Principle of EU Law' in Rita de la Feria and Stefan Vogenauer (eds), Prohibition of Abuse of Law: A New General Principle of EU Law? (Hart Publishing 2011)

pp 521-571


ISBN: 978-1-84113-938-8

K S Ziegler, '”Abuse of Law” in the Context of Free Movement of Workers' in Rita de la Feria and Stefan Vogenauer (eds), The Prohibition of Abuse of Law – A New General Principle of EU Law? (Oxford, Hart Publishing 2011)

2010

A Johnston, Chapter X - Other exception clauses, and Chapter XII - State Monopolies of a Commercial Character in P. Oliver (ed), Oliver on Free Movement of Goods in the European Union (Hart Publishing 2010)

A Johnston and H. Unberath, European Private Law by Directives: Approach and Challenges in C. Twigg-Flesner (ed), Cambridge Companion to European Union Private Law (Cambridge University Press 2010)

D Leczykiewicz, 'La conformité au principe de protection des droits de l’homme comme condition de la primauté des actes européens dans le troisième pilier' in A Frąckowiak-Adamska and R Grzeszczak (eds), L’espace judiciaire européen (Willy Brandt Zentrum 2010)

2009

A Johnston, Ownership Unbundling: Prolegomenon to a Legal Analysis in Bulterman, L. Hancher, A. McDonnell and H. Sevenster (eds), Views of European Law from the Mountain – Liber Amicorum Piet Jan Slot (Kluwer Law International 2009)

K S Ziegler, 'Building a Peoples’ Europe: Political Rights of Foreigners. Freedom of Ex-pression, Assembly and Association and Electoral Rights from the Perspec-tive of EC Law and the ECHR' in Hartmut Bauer, Pedro Cruz Villalón and Julia Iliopoulos-Strangas (eds), The ‘New Europeans’: Migration and Integration in Europe (Nomos Verlag/Bruylant/Ant. N. Sakkoulas 2009)

2008

C Costello, 'EC Immigration & Asylum Policymaking: Integrating a Role for the Oireachtas' in Gavin Barrett (ed), National Parliaments and the European Union: The Constitutional Challenge for the Oireachtas and Other Member State Legislatures (Clarus Press, Dublin 2008)

A Johnston, Entries on ‘Sovereignty’, ‘Subsidiarity’ and ‘Supremacy’ under the E.U. Law section in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

A Johnston, Instances and Analysis of Feedback in the Loop-flow between EC Law and National Private Law: Some Tentative Insights for Comparative and European Community Lawyers in O. Remien (ed), Schuldrechtsmodernisierung und Europäisches Vertragsrecht (Mohr Siebeck 2008)

A Johnston, 'Legal issues raised by the introduction of take-or-pay contracts for renewables deployment in the UK' in B. Delvaux, M. Hunt and K. Talus (eds), EU Energy Law and Policy Issues – The Energy Law Research Forum Collection (Euroconfidentiel/European Study Service 2008)

A Johnston, 'State aid to tackle leakage: EC law considerations' in K. Neuhoff and F. Matthes (eds), The Role of Auctions for Emissions Trading (Climate Strategies 2008)

2007

C Costello, The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General Principles in Baldaccini, Guild, Toner (eds), Whose Freedom, Security and Justice? EU immigration and asylum law after 1999 (Hart 2007)

Comprehensive analysis of the interaction of the Asylum Procedures Directive with the general principles of EC law, and other procedural guarantees embedded in human rights law more generally.


S Douglas-Scott, 'The Law and Custom of a New Parliament: The European Parliament ' in Bradely, Baranger Ziegler (eds), Constitutionalism and the role of Parliaments ( 2007)

P Eleftheriadis, The Standing of States in the European Union in Nicholas Tsagourias (ed), Transnational Constitutionalism: International and European Perspectives (Cambridge University Press 2007)

A Johnston, ‘Euro-visions’? Some Thoughts on Prospects and Mechanisms for Future Constitutional Change in the European Union in C. Barnard (ed), The Fundamentals of EU Law Revisited: Assessing the Impact of the Constitutional Debate (Oxford University Press 2007)

S J Whittaker, 'The Relationship of the Unfair Commercial Practices Directive to European and National Contract Laws’' in S. Weatherill and U. Bernitz (eds), The Regulation of Unfair Commercial Practices under EC Directive 2005/29: New Rules and New Techniques (Hart Publishing 2007)

This article explores the impact of the Unfair Commercial Practices Directive of 2005 on EC and national contract laws.


2006

A Johnston and H. Unberath, Law at, to or from the centre? The European Court of Justice and the Harmonisation of Private law in the European Union in Prof. Fabrizio Cafaggi (ed), The Institutional Framework of European Private Law (Oxford University Press 2006)

2004

C Costello and E Brown, 'ECHR and the European Union' in U Kilkelly (ed), ECHR and Irish Law (Jordans, Dublin 2004)

examines the position of the ECHR in EC law, and how the ECtHR reviews EC/ EU measures


ISBN: 0 853089264

2003

D Wyatt, Subsidiarity - Is it too Vague to be Effective as a Legal Principle? in Kalypso Nicolaidis and Stephen Weatherill. (eds), OUP/European Studies at Oxford/Whose Europe? National Models and the Constitution of the European Union ( 2003)

The paper argues that subsidiarity has failed to achieve its aims since the Community institutions, including the Court of Justice, have regarded it as a principle running against the grain of European integration. Little or no effort has been made to use the criteria in the Amsterdam Protocol as a constitutional filter to weed out proposals for legislation which encroach on the principle that decisions should be taken as closely as possible to the citizen. The writer considers the proposals in the European Constitution that national parliaments monitor application of the subsidiarity principle. The conclusion is that the likely outcome is business as usual, but that this outcome is not inevitable, and that there is at least a real possibility that the involvement of national parliaments would give a practical effect to subsidiarity which it has lacked so far.


K S Ziegler, 'Integration und Ausgrenzung im Lichte der Migrationspolitik der Europäischen Union – die „Festung Europa?' in Konrad Sahlfeld, Martina Caroni, Anna Chudozilov (eds), Integration und Recht (Munich, C.H. Beck 2003)

Integration and Exclusion in the Migration Policy of the European Union - Fortress Europe?


ISBN: 3-406-51330-1

1997

K S Ziegler and Christoph Gusy, 'Regelungsmöglichkeiten für eine europäische Einwanderungsgesetzgebung' in Albrecht Weber (ed), Einwanderungsland Bundesrepublik Deutschland in der Europäischen Union: Gestaltungsauftrag und Regelungsmöglichkeiten (Osnabrück 1997)

chapter on Options for a European Immigration Legislation


Edited books

2011

S Vogenauer and Rita de la Feria (eds), Prohibition of Abuse of Law: A New General Principle of EU Law? (Hart Publishing 2011)

xxv + 636 pp. The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.


ISBN: 978-1-84113-938-8

2010

V Moreno Lax and O De Schutter (eds), Human Rights in the Web of Governance: Towards a Learning-Based Fundamental Rights Policy for the European Union (Brussels: Bruylant, 2010)

2003

C Costello and E Barry (eds), Equality in Diversity: The New EC Equality Directives (ICEL / Equality Authority Dublin 2003)

2001

A Johnston and A.A. Dashwood (eds), The Future of the Judicial System of the European Union (Hart Publishing 2001)

Originating in a conference organised by the Centre for European Legal Studies (CELS),Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Henry Schermers, Anthony Arnull and Ole Due.


ISBN: 9781841132419

Internet Publications

2004

P Eleftheriadis, Constitution or Treaty? (2004) The Federal Trust Online Paper 12/04 1

A discussion of the Draft EU Constitution


Case Notes

2011

R Williams, 'Lady & Kid and others v Skatteministeriet and Ministre du Budget, des Comptes publics et de la Fonction publique v Accor SA: Unjust Enrichment and the European Court of Justice, a loss of national competence and principle?' (2011) British Tax Review 2011   [Case Note] (forthcoming)

Casenote arguing that in two recent decisions, Lady & Kid and Accor, the ECJ has extended its involvement in national causes of action in unjust enrichment still further. But by denying all defences to such claims other than a very literal version of the passing on defence, without hearing proper principled argument on the range of defences which might be available, the ECJ has replaced a loss of competence at national level but not the corresponding loss of principled reasoning. The casenote argues that these decisions thus provide further evidence of the problematic nature of the ECJ's so-called 'remedies jurisprudence'.


2010

A Johnston, 'Frozen in Time? The ECJ Finally Rules on the Kadi Appeal' (2010) Cambridge Law Journal 1   [Case Note]

2008

A Johnston, 'Freezing Terrorist Assets Again: Walking a Tightrope over Thin Ice?' (2008) Cambridge Law Journal 31   [Case Note]

2007

A Johnston, 'Thawing Out? The European Courts and the Freezing of Terrorist Assets' (2007) Cambridge Law Journal 273   [Case Note]

A Johnston, 'The European Union and the Ongoing Search for Terrorists’ Assets: Getting Warmer or Colder?' (2007) Cambridge Law Journal 523   [Case Note]

2006

D Leczykiewicz, 'Polish Constitutional Tribunal, Judgment of 27 April 2005, No. P 1/05, on the constitutionality of the European Arrest Warrant national implementation' (2006) 43 Common Market Law Review 1181   [Case Note]

Reviews

2010

A Johnston, 'Review of: Hans-W. Micklitz, Norbert Reich and Peter Rott, Understanding EU Consumer Law' (2010) 47 Common Market Law Review 956   [Review]

2007

A Johnston, 'Review of: Paul Craig, EU Administrative Law' (2007) Cambridge Law Journal 715   [Review]

2006

A Johnston, 'Review of: Christopher W. Jones (ed.), EU Competition Law and Energy Markets (EU Energy Law, Vol. II) (2005)' (2006) European Law Review 926   [Review]

A Johnston, 'Review of: Peter Cameron, Competition in Energy Markets – Law and Regulation in the European Union (2005)' (2006) 31 European Law Review 136   [Review]

Working Papers
Reports

2011

K S Ziegler and others, The Evolution of Fundamental Rights Charters and Case Law: A Comparison of the United Nations, Council of Europe and European Union Systems of Human Rights Protection (2011) European Parliament, Directorate General for Internal Policies

2010

V Moreno Lax and (as part of) the Odysseus Academic Network, Setting Up a Common European Asylum System (2010) Brussels: European Parliament

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe). Phase II of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

European Union Law

The law of the European Union is based largely on the Treaty on European Union and the Treaty on the functioning of the European Union, and legislation made under the Treaties by the Council, the Parliament, and the Commission. The case law of the European Courts is of considerable importance and looms large in the study of EU law. EU law takes immediate effect in English Law, and is enforceable by English courts. EU law raises issues of intrinsic theoretical interest, and considerable practical importance. No linguistic expertise is necessary, since EU legislation and case law are published in all official EU languages, including English.

Diploma in Legal Studies

European Union Law

The law of the European Union is based largely on the Treaty on European Union and the Treaty on the functioning of the European Union, and legislation made under the Treaties by the Council, the Parliament, and the Commission. The case law of the European Courts is of considerable importance and looms large in the study of EU law. EU law takes immediate effect in English Law, and is enforceable by English courts. EU law raises issues of intrinsic theoretical interest, and considerable practical importance. No linguistic expertise is necessary, since EU legislation and case law are published in all official EU languages, including English.

Postgraduate

BCL

Constitutional Principles of the EU

The purpose of this course is to provide an advanced understanding of the constitutional questions of the EU. We pose the general question whether the law of the European Union can make sense as a coherent order of principles. The subject matter is EU Law as it stands today, in light of the case law of the European Court of Justice and general principles at can be borrowed form domestic constitutional theory or public international law. The readings will constitute mostly of cases of the ECJ and opinions of the Advocate General, combined with some cases from the United Kingdom and suitable readings in law and jurisprudence. Topics will include the nature of the EU as a constitutional state in the making or a sui generis international organisation; the ECJ doctrine of the ‘autonomy’ of EU law; the principle of direct effect; the principle of supremacy; non-discrimination; citizenship; human rights; remedies and procedural autonomy. We shall discuss the diverse approaches in the works of scholars such as Lenaerts, Von Bogdandy, Kumm, Habermas, Weiler, MacCormick, Wyatt, Weatherill, Craig, Hartley, Kirchoff and others.

MJur

European Union Law (also part of the BA course)

The law of the European Union is based largely on the Treaty on European Union and the Treaty on the functioning of the European Union, and legislation made under the Treaties by the Council, the Parliament, and the Commission. The case law of the European Courts is of considerable importance and looms large in the study of EU law. EU law takes immediate effect in English Law, and is enforceable by English courts. EU law raises issues of intrinsic theoretical interest, and considerable practical importance. No linguistic expertise is necessary, since EU legislation and case law are published in all official EU languages, including English.

Constitutional Principles of the EU

The purpose of this course is to provide an advanced understanding of the constitutional questions of the EU. We pose the general question whether the law of the European Union can make sense as a coherent order of principles. The subject matter is EU Law as it stands today, in light of the case law of the European Court of Justice and general principles at can be borrowed form domestic constitutional theory or public international law. The readings will constitute mostly of cases of the ECJ and opinions of the Advocate General, combined with some cases from the United Kingdom and suitable readings in law and jurisprudence. Topics will include the nature of the EU as a constitutional state in the making or a sui generis international organisation; the ECJ doctrine of the ‘autonomy’ of EU law; the principle of direct effect; the principle of supremacy; non-discrimination; citizenship; human rights; remedies and procedural autonomy. We shall discuss the diverse approaches in the works of scholars such as Lenaerts, Von Bogdandy, Kumm, Habermas, Weiler, MacCormick, Wyatt, Weatherill, Craig, Hartley, Kirchoff and others.


People

European Union Law teaching is organized by a Subject Group convened by:

Stephen Weatherill: Jacques Delors Professor of European Law

in conjunction with:

Nicholas Bamforth: CUF Lecturer
Nicholas Barber: CUF Lecturer
Michal Bobek: Anglo-German Fellow
Cathryn Costello: Fellow and Tutor in EU and Public Law
Paul Craig: Professor of English Law
Anne Davies: Professor of Law and Public Policy
Eric Descheemaeker: Research Fellow, Institute of European and Comparative Law
Julie Dickson:
Sionaidh Douglas-Scott: Professor of European and Human Rights Law
Pavlos Eleftheriadis: University Lecturer in Law
Liz Fisher: Reader in Environmental Law
Barbara Havelkova: CSET Teaching Fellow in EU Law
Dorota Leczykiewicz: Leverhulme Trust Early Career Fellow
Violeta Moreno Lax: Stipendiary Lecturer in Law
Jeremias Prassl: Teaching Fellow
Shlomit Wallerstein: CUF Lecturer
Derrick Wyatt: Visiting Professor
Alison L Young: CUF Lecturer
Katja Ziegler: Reader in European and Comparative Law, Erich Brost University Lecturer

assisted by:

Basil Salman: DPhil student

Also working in this field, but not involved in its teaching programme:

Wolf-Georg Ringe: DAAD Lecturer in Law and Deputy Director, IECL
Simon Whittaker: Professor of European Comparative Law


© Faculty of Law :: image credits & permissions
page updated on 11 January 2012 at 16:53
Feedback on this page

the faculty of law at the university of oxford

you are here: themes - European Union Law